Bill Text: IL SB0055 | 2023-2024 | 103rd General Assembly | Chaptered
Bill Title: Amends the Illinois Power of Attorney Act. Provides that restricting or not allowing an interested person to have reasonable visitation with a principal is an action upon which a court may find that an agent is not acting for the benefit of the principal.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2023-06-09 - Public Act . . . . . . . . . 103-0055 [SB0055 Detail]
Download: Illinois-2023-SB0055-Chaptered.html
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| Public Act 103-0055 | ||||
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Power of Attorney Act is amended | ||||
by changing Section 2-10 as follows:
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(755 ILCS 45/2-10) (from Ch. 110 1/2, par. 802-10)
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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
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the court deems necessary to provide for the best interests of | ||
the
principal. | ||
(c) If the court finds that the agency requires
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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.
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(i) This Section shall not be construed to limit any other | ||
remedies available. | ||
(Source: P.A. 102-72, eff. 1-1-22.)
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