Bill Amendment: IL SB3421 | 2023-2024 | 103rd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: POWER OF ATTY HONORING FORMS

Status: 2024-08-09 - Public Act . . . . . . . . . 103-0994 [SB3421 Detail]

Download: Illinois-2023-SB3421-Senate_Amendment_001.html

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Sen. Ann Gillespie

Filed: 2/28/2024

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AMENDMENT TO SENATE BILL 3421
AMENDMENT NO. ______. Amend Senate Bill 3421 by replacing
everything after the enacting clause with the following:
"Section 5. The Illinois Power of Attorney Act is amended
by changing Section 2-8 as follows:
(755 ILCS 45/2-8) (from Ch. 110 1/2, par. 802-8)
Sec. 2-8. Reliance on document purporting to establish an
agency.
(a) Any person who acts in good faith reliance on a copy of
a document purporting to establish an agency will be fully
protected and released to the same extent as though the
reliant had dealt directly with the named principal as a
fully-competent person. The named agent shall furnish an
affidavit or Agent's Certification and Acceptance of Authority
to the reliant on demand stating that the instrument relied on
is a true copy of the agency and that, to the best of the named

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agent's knowledge, the named principal is alive and the
relevant powers of the named agent have not been altered or
terminated; but good faith reliance on a document purporting
to establish an agency will protect the reliant without the
affidavit or Agent's Certification and Acceptance of
Authority.
(b) Upon request, the named agent in a power of attorney
shall furnish an Agent's Certification and Acceptance of
Authority to the reliant in substantially the following form:
AGENT'S CERTIFICATION AND ACCEPTANCE OF AUTHORITY
I, .......... (insert name of agent), certify that the
attached is a true copy of a power of attorney naming the
undersigned as agent or successor agent for .............
(insert name of principal).
I certify that to the best of my knowledge the principal
had the capacity to execute the power of attorney, is alive,
and has not revoked the power of attorney; that my powers as
agent have not been altered or terminated; and that the power
of attorney remains in full force and effect.
I accept appointment as agent under this power of
attorney.
This certification and acceptance is made under penalty of
perjury.*
Dated: ............

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.......................
(Agent's Signature)
.......................
(Print Agent's Name)
.......................
(Agent's Address)
*(NOTE: Perjury is defined in Section 32-2 of the Criminal
Code of 2012, and is a Class 3 felony.)
(c) Any person dealing with an agent named in a copy of a
document purporting to establish an agency may presume, in the
absence of actual knowledge to the contrary, that the document
purporting to establish the agency was validly executed, that
the agency was validly established, that the named principal
was competent at the time of execution, and that, at the time
of reliance, the named principal is alive, the agency was
validly established and has not terminated or been amended,
the relevant powers of the named agent were properly and
validly granted and have not terminated or been amended, and
the acts of the named agent conform to the standards of this
Act. No person relying on a copy of a document purporting to
establish an agency shall be required to see to the
application of any property delivered to or controlled by the
named agent or to question the authority of the named agent.
(d) Each person to whom a direction by the named agent in
accordance with the terms of the copy of the document

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purporting to establish an agency is communicated shall comply
with that direction, and any person who fails to comply
arbitrarily or without reasonable cause shall be subject to
civil liability for any damages resulting from noncompliance.
A health care provider who complies with Section 4-7 shall not
be deemed to have acted arbitrarily or without reasonable
cause.
(e) Unreasonable cause to refuse to honor. It shall be
deemed unreasonable for a third party to refuse to honor an
Illinois statutory short form power of attorney properly
executed in accordance with the laws in effect at the time of
its execution, if the only reason for the refusal is any of the
following: (1) the power of attorney is not on a form the third
party receiving such power prescribes, regardless of any form
the terms of any account agreement between the account holder
and third party requires; (2) there has been a lapse of time
since the execution of the power of attorney; (3) on the face
of the statutory short form power of attorney, there is a lapse
of time between the date of acknowledgment of the signature of
the principal and the date of the acceptance by the agent; (4)
the document provided does not bear an original signature,
original witness, or original notarization but is accompanied
by a properly executed Agent's Certification and Acceptance of
Authority or Successor Agent's Certification and Acceptance of
Authority bearing the original signature of the named agent;
or (5) the document appoints an entity as the agent. Nothing in

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this Section shall be interpreted as prohibiting or limiting a
third party from requiring the named agent to furnish a
properly executed Agent's Certification and Acceptance of
Authority, Successor Agent's Certification and Acceptance of
Authority, or Co-Agent's Certification and Acceptance of
Authority under this Act.
(f) Reasonable cause to refuse to honor. Reasons for which
it shall be deemed reasonable cause for a third party to refuse
to honor a power of attorney for property include, but are not
limited to, the following:
(1) the refusal by the agent to provide an affidavit
or Agent's Certification and Acceptance of Authority;
(2) the refusal by the agent to provide a copy of the
original document that is certified to be valid by an
attorney, a court order, or governmental entity;
(3) the person's good faith referral of the principal
and the agent or a person acting for or with the agent to
the local adult protective services unit;
(4) actual knowledge or a reasonable basis for
believing in the existence of a report having been made by
any person to the local adult protective services unit
alleging physical or financial abuse, neglect,
exploitation, or abandonment of the principal by the agent
or a person acting for the agent;
(5) actual knowledge of the principal's death or a
reasonable basis for believing the principal has died;

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(6) actual knowledge of the incapacity of the
principal or a reasonable basis for believing the
principal is incapacitated;
(7) actual knowledge or a reasonable basis for
believing that the principal was incapacitated at the time
the power of attorney was executed;
(8) actual knowledge or a reasonable basis for
believing:
(A) the power of attorney was procured through
fraud, duress, or undue influence, or (B) the agent is
engaged in fraud or abuse of the principal;
(9) actual notice of the termination or revocation of
the power of attorney or a reasonable basis for believing
that the power of attorney has been terminated or revoked;
(10) the refusal by a title insurance company to
underwrite title insurance for a gift of real property
made pursuant to a statutory short form power of attorney
that does not contain express instructions or purposes of
the principal with respect to gifts in paragraph 3 of the
statutory short form power of attorney;
(11) the refusal of the principal's attorney to
provide a certificate that the power of attorney is valid;
(12) a missing or incorrect signature, an invalid
notarization, or an unacceptable power of attorney
identification;
(13) the third party: (A) has filed a suspicious
activity report as described by 31 U.S.C. 5318(g) with

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