Public Act 103-0055
 
SB0055 EnrolledLRB103 04523 LNS 49529 b

    AN ACT concerning civil law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Power of Attorney Act is amended
by changing Section 2-10 as follows:
 
    (755 ILCS 45/2-10)  (from Ch. 110 1/2, par. 802-10)
    Sec. 2-10. Agency-court relationship.
    (a) Upon petition by any interested person, notice to the
agent, principal, and (including the agent), with such notice
to interested persons as the court directs and a finding by the
court that the principal lacks either the capacity to control
or the capacity to revoke the agency, the court may construe a
power of attorney, review the agent's conduct, and grant
appropriate relief including compensatory damages.
    (b) If the court finds that the agent is not acting for the
benefit of the principal in accordance with the terms of the
agency or that the agent's action or inaction, including
restricting or not allowing an interested person to have
reasonable visitation with the principal, has caused or
threatens substantial harm to the principal's person or
property in a manner not authorized or intended by the
principal, the court may order a guardian of the principal's
person or estate to exercise any powers of the principal under
the agency, including the power to revoke the agency, or may
enter such other orders without appointment of a guardian as
the court deems necessary to provide for the best interests of
the principal.
    (c) If the court finds that the agency requires
interpretation, the court may construe the agency and instruct
the agent, but the court may not amend the agency.
    (d) If the court finds that the agent has not acted for the
benefit of the principal in accordance with the terms of the
agency and the Illinois Power of Attorney Act, or that the
agent's action caused or threatened substantial harm to the
principal's person or property in a manner not authorized or
intended by the principal, then the agent shall not be
authorized to pay or be reimbursed from the estate of the
principal the attorneys' fees and costs of the agent in
defending a proceeding brought pursuant to this Section.
    (e) Upon a finding that the agent's action has caused
substantial harm to the principal's person or property, the
court may assess against the agent reasonable costs and
attorney's fees to a prevailing party who is a provider agency
as defined in Section 2 of the Adult Protective Services Act, a
representative of the Office of the State Long Term Care
Ombudsman, the State Guardian, a public guardian, or a
governmental agency having regulatory authority to protect the
welfare of the principal.
    (f) As used in this Section, the term "interested person"
includes (1) the principal or the agent; (2) a guardian of the
person, guardian of the estate, or other fiduciary charged
with management of the principal's property; (3) the
principal's spouse, parent, or descendant; (4) a person who
would be a presumptive heir-at-law of the principal; (5) a
person named as a beneficiary to receive any property,
benefit, or contractual right upon the principal's death, or
as a beneficiary of a trust created by or for the principal;
(6) a provider agency as defined in Section 2 of the Adult
Protective Services Act, a representative of the Office of the
State Long Term Care Ombudsman, the State Guardian, a public
guardian, or a governmental agency having regulatory authority
to protect the welfare of the principal; and (7) the
principal's caregiver or another person who demonstrates
sufficient interest in the principal's welfare.
    (g) Absent court order directing a guardian to exercise
powers of the principal under the agency, a guardian will have
no power, duty or liability with respect to any property
subject to the agency or any personal or health care matters
covered by the agency. If an agent seeks guardianship of the
principal pursuant to the Probate Act of 1975, the petition
for guardianship must delineate the specific powers to be
granted to the guardian that are not already included in the
power of attorney. The petition for temporary, limited, or
plenary guardianship of the principal under the Probate Act of
1975 may include a prayer for relief to suspend a power of
attorney or to revoke a power of attorney in accordance with
subsection (b).
    (h) Proceedings under this Section shall be commenced in
the county where the guardian was appointed or, if no Illinois
guardian is acting, then in the county where the agent or
principal resides or where the principal owns real property.
    (i) This Section shall not be construed to limit any other
remedies available.
(Source: P.A. 102-72, eff. 1-1-22.)

Effective Date: 1/1/2024