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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB2341
Introduced 2/16/2005, by Rep. George Scully, Jr. SYNOPSIS AS INTRODUCED:
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Amends the Illinois Power of Attorney Act. Provides that an agent, acting for a principal who is incapacitated, shall provide a record of all receipts, disbursements, and significant actions taken under the authority of the agency when requested to do so by a representative of the Office of Inspector General for the Department of Human Services acting in the course of an assessment of a complaint of financial exploitation of an adult with disabilities pursuant to Section 35 of the Abuse of Adults with Disabilities Intervention Act. Effective immediately.
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A BILL FOR
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HB2341 |
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LRB094 03886 RXD 33897 b |
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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 |
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| changing Section 2-7.5 as follows:
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| (755 ILCS 45/2-7.5)
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| Sec. 2-7.5. Incapacitated principal.
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| (a) This Section shall apply only to an agent acting for
a |
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| principal who is incapacitated. A principal shall be
considered |
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| incapacitated if that individual is under a
legal disability as |
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| defined in Section 11a-2 of the Probate
Act of 1975. A |
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| principal shall also be considered
incapacitated if:
(i) a |
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| physician licensed to practice medicine in all its
branches has |
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| examined the principal and has determined that
the principal |
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| lacks decision making capacity; and (ii) that
physician
has |
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| made a written record
of this determination and has signed the |
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| written record
within 90 days after the examination; and (iii) |
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| the written
record has been delivered to the agent. The agent |
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| may rely
conclusively on that written record.
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| (b) An agent shall provide a record of all receipts,
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| disbursements, and significant actions taken under the
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| authority of the agency when requested to do so: (i) by a
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| representative of a provider agency, as defined in Section
2 of |
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| the Elder Abuse and Neglect Act, acting in the course
of an |
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| assessment of a complaint of elder abuse or neglect
under that |
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| Act; or (ii) by a representative of the Office
of the State |
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| Long Term Care Ombudsman acting in the course
of an |
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| investigation of a complaint of financial
exploitation of a |
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| nursing home resident under Section 4.04
of the Illinois Act on |
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| the Aging; or (iii) by a representative of the Office of |
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| Inspector General for the Department of Human Services acting |
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| in the course of an assessment of a complaint of financial |
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