State of Illinois
90th General Assembly
Legislation

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90_HB1564eng

      755 ILCS 45/2-8           from Ch. 110 1/2, par. 802-8
          Amends the Durable Powers  of  Attorney  Article  of  the
      Illinois  Power  of  Attorney  Act  by  changing language (i)
      protecting a person who acts in reliance upon an agency  (the
      written  power  of attorney dealing with property or personal
      or health care) in dealings with an agent and (ii)  requiring
      a  person  to act upon the directions contained in an agency.
      Provides that those protections and requirements apply  to  a
      person  who  acts  in  reliance  upon  "a  copy of a document
      purporting to establish an agency" (rather than "an  agency")
      and to dealings with a "named agent" (rather than an "agent")
      and   a   "named  principal"  (rather  than  a  "principal").
      Effective immediately.
                                                    LRB9002325YYmgA
HB1564 Engrossed                              LRB9002325YYmgA
 1        AN ACT to amend the Illinois Power  of  Attorney  Act  by
 2    changing Section 2-8.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The Illinois Power of Attorney Act is amended
 6    by changing Section 2-8 as follows:
 7        (755 ILCS 45/2-8) (from Ch. 110 1/2, par. 802-8)
 8        Sec. 2-8.  Reliance on document purporting  to  establish
 9    an  agency.   Any person who acts in good faith reliance on a
10    copy of a document purporting to establish an the agency will
11    be fully protected and released to the same extent as  though
12    the  reliant had dealt directly with the named principal as a
13    fully-competent person.  The named  agent  shall  furnish  an
14    affidavit   to   the  reliant  on  demand  stating  that  the
15    instrument relied on is a true copy of the agency  and  that,
16    to  the  best  of  the  named  agent's  knowledge,  the named
17    principal is alive and the relevant powers of the named agent
18    have not been altered or terminated; but good faith  reliance
19    on  a  document  purporting  to  establish an the agency will
20    protect  the  reliant  without  the  affidavit.   Any  person
21    dealing with an the agent named  in  a  copy  of  a  document
22    purporting to establish an agency may presume, in the absence
23    of  actual  knowledge  to  the  contrary,  that  the document
24    purporting to establish the agency was validly executed, that
25    the agency was validly established, that the named  principal
26    was competent at the time of execution, and that, at the time
27    of  reliance,  the  named  principal is alive, the agency was
28    validly established and has not terminated or  been  amended,
29    the  relevant  powers  of  the  named agent were properly and
30    validly granted and have not terminated or been amended,  and
31    the  acts of the named agent conform to the standards of this
HB1564 Engrossed            -2-               LRB9002325YYmgA
 1    Act.  No person relying on a copy of a document purporting to
 2    establish an the agency shall  be  required  to  see  to  the
 3    application of any property delivered to or controlled by the
 4    named  agent or to question the authority of the named agent.
 5    Each person to  whom  a  direction  by  the  named  agent  in
 6    accordance  with  the  terms  of  the  copy  of  the document
 7    purporting to  establish  an  agency  is  communicated  shall
 8    comply  with  that  direction,  and  any  person who fails to
 9    comply arbitrarily  or  without  reasonable  cause  shall  be
10    subject  to  civil  liability  for any damages resulting from
11    noncompliance. A  health  care  provider  who  complies  with
12    Section  4-7 shall not be deemed to have acted arbitrarily or
13    without reasonable cause.
14    (Source: P.A. 86-736.)
15        Section 99.  Effective date.  This Act takes effect  upon
16    becoming law.

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