State of Illinois
91st General Assembly
Public Acts

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Public Act 91-0790

SB1567 Enrolled                                LRB9111460STcs

    AN ACT to amend the Illinois Power  of  Attorney  Act  by
adding Section 2-7.5 and by changing Section 3-3.

    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 adding Section 2-7.5 and changing Section 3-3 as follows:

    (755 ILCS 45/2-7.5 new)
    Sec. 2-7.5.  Incapacitated principal.
    (a)  This Section shall apply only to an agent acting for
a principal  who  is  incapacitated.  A  principal  shall  be
considered  incapacitated if that individual is under a legal
disability as defined in Section 11a-2 of the Probate Act  of
1975.  A principal shall also be considered incapacitated if:
(i)  a  physician  licensed  to  practice medicine in all its
branches has examined the principal and has  determined  that
the  principal  lacks decision making capacity; and (ii) that
physician has made a written record of this determination and
has signed the  written  record  within  90  days  after  the
examination;  and (iii) the written record has been delivered
to the agent. The agent may rely conclusively on that written
record.
    (b)  An agent shall provide a  record  of  all  receipts,
disbursements,   and  significant  actions  taken  under  the
authority of the agency when requested to do  so:  (i)  by  a
representative  of a provider agency, as defined in Section 2
of the Elder Abuse and Neglect Act, acting in the  course  of
an  assessment of a complaint of elder abuse or neglect under
that Act; or (ii) by a representative of the  Office  of  the
State  Long  Term  Care  Ombudsman acting in the course of an
investigation of a complaint of financial exploitation  of  a
nursing  home resident under Section 4.04 of the Illinois Act
on the Aging.

    (755 ILCS 45/3-3) (from Ch. 110 1/2, par. 803-3)
    Sec. 3-3.  Statutory short form  power  of  attorney  for
property.   The  following  form  may  be known as "statutory
property power" and may be used to grant an agent powers with
respect to property and financial matters.  When a  power  of
attorney   in  substantially  the  following  form  is  used,
including the "notice" paragraph at the beginning in  capital
letters  and the notarized form of acknowledgment at the end,
it shall have the meaning and effect prescribed in this  Act.
The   validity   of  a  power  of  attorney  as  meeting  the
requirements of a  statutory  property  power  shall  not  be
affected  by  the  fact that one or more of the categories of
optional powers listed in the form are struck out or the form
includes specific limitations on or additions to the  agent's
powers,  as  permitted  by the form.  Nothing in this Article
shall invalidate or bar use by the principal of any other  or
different   form   of   power   of   attorney  for  property.
Nonstatutory  property  powers  must  be  executed   by   the
principal and designate the agent and the agent's powers, but
they need not be acknowledged or conform in any other respect
to the statutory property power.
"ILLINOIS STATUTORY SHORT FORM POWER OF ATTORNEY FOR PROPERTY
    (NOTICE:   THE  PURPOSE  OF  THIS POWER OF ATTORNEY IS TO
GIVE THE PERSON YOU DESIGNATE (YOUR "AGENT") BROAD POWERS  TO
HANDLE  YOUR  PROPERTY,  WHICH  MAY INCLUDE POWERS TO PLEDGE,
SELL OR OTHERWISE DISPOSE OF ANY REAL  OR  PERSONAL  PROPERTY
WITHOUT  ADVANCE NOTICE TO YOU OR APPROVAL BY YOU.  THIS FORM
DOES NOT IMPOSE A DUTY ON  YOUR  AGENT  TO  EXERCISE  GRANTED
POWERS;  BUT  WHEN POWERS ARE EXERCISED, YOUR AGENT WILL HAVE
TO USE DUE CARE TO ACT FOR YOUR  BENEFIT  AND  IN  ACCORDANCE
WITH  THIS  FORM AND KEEP A RECORD OF RECEIPTS, DISBURSEMENTS
AND SIGNIFICANT ACTIONS TAKEN AS AGENT.   A  COURT  CAN  TAKE
AWAY  THE  POWERS  OF YOUR AGENT IF IT FINDS THE AGENT IS NOT
ACTING PROPERLY.  YOU MAY NAME SUCCESSOR  AGENTS  UNDER  THIS
FORM  BUT  NOT  CO-AGENTS.   UNLESS  YOU  EXPRESSLY LIMIT THE
DURATION OF THIS POWER IN THE MANNER  PROVIDED  BELOW,  UNTIL
YOU  REVOKE  THIS  POWER  OR  A  COURT  ACTING ON YOUR BEHALF
TERMINATES IT, YOUR AGENT MAY EXERCISE THE POWERS GIVEN  HERE
THROUGHOUT  YOUR  LIFETIME,  EVEN  AFTER YOU BECOME DISABLED.
THE POWERS YOU GIVE YOUR AGENT ARE EXPLAINED  MORE  FULLY  IN
SECTION  3-4  OF  THE ILLINOIS "STATUTORY SHORT FORM POWER OF
ATTORNEY FOR PROPERTY LAW" OF WHICH THIS FORM IS A PART  (SEE
THE  BACK  OF THIS FORM).  THAT LAW EXPRESSLY PERMITS THE USE
OF ANY DIFFERENT FORM OF POWER OF ATTORNEY  YOU  MAY  DESIRE.
IF  THERE  IS  ANYTHING  ABOUT  THIS  FORM  THAT  YOU  DO NOT
UNDERSTAND, YOU SHOULD ASK A LAWYER TO EXPLAIN IT TO YOU.)
    POWER OF ATTORNEY made this .... day of  .......  (month)
...... (year)
    1.  I,  ...............,  (insert  name  and  address  of
principal) hereby appoint:
.............................................................
                  (insert name and address of agent)
as  my  attorney-in-fact (my "agent") to act for me and in my
name (in any way I could act in person) with respect  to  the
following powers, as defined in Section 3-4 of the "Statutory
Short Form Power of Attorney for Property Law" (including all
amendments),  but  subject to any limitations on or additions
to the specified powers inserted in paragraph 2 or 3 below:

(YOU MUST STRIKE  OUT  ANY  ONE  OR  MORE  OF  THE  FOLLOWING
CATEGORIES  OF  POWERS  YOU  DO  NOT WANT YOUR AGENT TO HAVE.
FAILURE TO STRIKE THE TITLE OF ANY CATEGORY  WILL  CAUSE  THE
POWERS DESCRIBED IN THAT CATEGORY TO BE GRANTED TO THE AGENT.
TO  STRIKE  OUT  A  CATEGORY YOU MUST DRAW A LINE THROUGH THE
TITLE OF THAT CATEGORY.)
    (a)  Real estate transactions.
    (b)  Financial institution transactions.
    (c)  Stock and bond transactions.
    (d)  Tangible personal property transactions.
    (e)  Safe deposit box transactions.
    (f)  Insurance and annuity transactions.
    (g)  Retirement plan transactions.
    (h)  Social Security,  employment  and  military  service
benefits.
    (i)  Tax matters.
    (j)  Claims and litigation.
    (k)  Commodity and option transactions.
    (l)  Business operations.
    (m)  Borrowing transactions.
    (n)  Estate transactions.
    (o)  All other property powers and transactions.
(LIMITATIONS  ON  AND  ADDITIONS TO THE AGENT'S POWERS MAY BE
INCLUDED IN THIS POWER OF ATTORNEY IF THEY  ARE  SPECIFICALLY
DESCRIBED BELOW.)
    2.  The  powers  granted  above  shall  not  include  the
following  powers  or  shall  be  modified  or limited in the
following particulars (here  you  may  include  any  specific
limitations  you  deem  appropriate, such as a prohibition or
conditions on the sale of particular stock or real estate  or
special rules on borrowing by the agent):
.............................................................
.............................................................
.............................................................
.............................................................
.............................................................
    3.  In  addition  to the powers granted above, I grant my
agent the following  powers  (here  you  may  add  any  other
delegable powers including, without limitation, power to make
gifts,   exercise  powers  of  appointment,  name  or  change
beneficiaries or joint tenants or revoke or amend  any  trust
specifically referred to below):
.............................................................
.............................................................
.............................................................
.............................................................
.............................................................
(YOUR  AGENT  WILL  HAVE AUTHORITY TO EMPLOY OTHER PERSONS AS
NECESSARY TO ENABLE THE AGENT TO PROPERLY EXERCISE THE POWERS
GRANTED IN THIS FORM, BUT YOUR AGENT WILL HAVE  TO  MAKE  ALL
DISCRETIONARY  DECISIONS.  IF YOU WANT TO GIVE YOUR AGENT THE
RIGHT TO DELEGATE  DISCRETIONARY  DECISION-MAKING  POWERS  TO
OTHERS,  YOU  SHOULD  KEEP  THE  NEXT  SENTENCE, OTHERWISE IT
SHOULD BE STRUCK OUT.)
    4.  My agent shall have the right by  written  instrument
to  delegate  any  or  all  of the foregoing powers involving
discretionary decision-making to any person or  persons  whom
my  agent  may  select, but such delegation may be amended or
revoked by any agent (including any successor)  named  by  me
who  is  acting  under  this power of attorney at the time of
reference.
(YOUR  AGENT  WILL  BE  ENTITLED  TO  REIMBURSEMENT  FOR  ALL
REASONABLE EXPENSES INCURRED IN ACTING UNDER  THIS  POWER  OF
ATTORNEY.   STRIKE  OUT  THE NEXT SENTENCE IF YOU DO NOT WANT
YOUR AGENT TO ALSO BE ENTITLED TO REASONABLE COMPENSATION FOR
SERVICES AS AGENT.)
    5.  My agent shall be entitled to reasonable compensation
for services rendered as agent under this power of attorney.
(THIS POWER OF ATTORNEY MAY BE AMENDED OR REVOKED BY  YOU  AT
ANY  TIME AND IN ANY MANNER.  ABSENT AMENDMENT OR REVOCATION,
THE AUTHORITY GRANTED IN THIS POWER OF ATTORNEY  WILL  BECOME
EFFECTIVE  AT THE TIME THIS POWER IS SIGNED AND WILL CONTINUE
UNTIL YOUR DEATH UNLESS A LIMITATION ON THE BEGINNING DATE OR
DURATION IS MADE BY  INITIALING  AND  COMPLETING  EITHER  (OR
BOTH) OF THE FOLLOWING:)
    6.  (  ) This power of attorney shall become effective on
.............................................................
(insert  a future date or event during your lifetime, such as
court determination of your disability, when  you  want  this
power to first take effect)
    7.  (  ) This power of attorney shall terminate on
.............................................................
(insert  a  future date or event, such as court determination
of your disability, when you want  this  power  to  terminate
prior to your death)
(IF YOU WISH TO NAME SUCCESSOR AGENTS, INSERT THE NAME(S) AND
ADDRESS(ES) OF SUCH SUCCESSOR(S) IN THE FOLLOWING PARAGRAPH.)
    8.  If   any   agent   named  by  me  shall  die,  become
incompetent, resign or refuse to accept the office of  agent,
I  name the following (each to act alone and successively, in
the order named) as successor(s) to such agent:
.............................................................
.............................................................
For  purposes  of  this  paragraph  8,  a  person  shall   be
considered  to  be  incompetent  if and while the person is a
minor or an adjudicated incompetent or disabled person or the
person is unable to give prompt and intelligent consideration
to business matters, as certified by  a  licensed  physician.
(IF  YOU  WISH TO NAME YOUR AGENT AS GUARDIAN OF YOUR ESTATE,
IN THE EVENT A COURT DECIDES THAT ONE  SHOULD  BE  APPOINTED,
YOU  MAY,  BUT  ARE  NOT  REQUIRED TO, DO SO BY RETAINING THE
FOLLOWING PARAGRAPH.  THE COURT WILL APPOINT  YOUR  AGENT  IF
THE  COURT  FINDS  THAT SUCH APPOINTMENT WILL SERVE YOUR BEST
INTERESTS AND WELFARE.  STRIKE OUT PARAGRAPH 9 IF YOU DO  NOT
WANT YOUR AGENT TO ACT AS GUARDIAN.)
    9.  If  a  guardian  of  my estate (my property) is to be
appointed, I nominate the agent acting under  this  power  of
attorney as such guardian, to serve without bond or security.
    10.  I  am  fully informed as to all the contents of this
form and understand the full import of this grant  of  powers
to my agent.
    Signed ..................................................
                                    (principal)
    (YOU MAY, BUT ARE NOT REQUIRED TO, REQUEST YOUR AGENT AND
SUCCESSOR  AGENTS  TO  PROVIDE SPECIMEN SIGNATURES BELOW.  IF
YOU INCLUDE SPECIMEN SIGNATURES IN THIS  POWER  OF  ATTORNEY,
YOU  MUST  COMPLETE THE CERTIFICATION OPPOSITE THE SIGNATURES
OF THE AGENTS.)
Specimen signatures of         I certify that the signatures
agent (and successors)         of my agent (and successors)
                               are correct.
..........................     .............................
         (agent)                       (principal)
..........................     .............................
    (successor agent)                  (principal)
..........................     .............................
    (successor agent)                  (principal)
(THIS POWER OF ATTORNEY WILL NOT BE EFFECTIVE  UNLESS  IT  IS
NOTARIZED  AND  SIGNED  BY  AT  LEAST ONE ADDITIONAL WITNESS,
USING THE FORM BELOW.)
State of ............)
                     ) SS.
County of ...........)
    The undersigned, a notary public in  and  for  the  above
county  and  state,  certifies  that .......................,
known to me to be the same person whose name is subscribed as
principal to the foregoing power of attorney, appeared before
me and the additional  witness  in  person  and  acknowledged
signing  and  delivering  the  instrument  as  the  free  and
voluntary  act  of  the  principal, for the uses and purposes
therein set forth (, and certified to the correctness of  the
signature(s) of the agent(s)).
Dated: ................ (SEAL)
                               ..............................
                                                Notary Public
    My commission expires .................
The  undersigned  witness  certifies  that  ................,
known to me to be the same person whose name is subscribed as
principal to the foregoing power of attorney, appeared before
me  and  the  notary  public  and  acknowledged  signing  and
delivering  the  instrument  as the free and voluntary act of
the principal, for the uses and purposes therein  set  forth.
I believe him or her to be of sound mind and memory.
Dated: ................ (SEAL)
                               ..............................
                                                      Witness
(THE  NAME  AND  ADDRESS  OF  THE  PERSON PREPARING THIS FORM
SHOULD BE INSERTED IF THE AGENT WILL HAVE POWER TO CONVEY ANY
INTEREST IN REAL ESTATE.)
This document was prepared by:
.............................................................
............................................................"
    The requirement of the signature of an additional witness
imposed by this amendatory Act of the 91st  General  Assembly
applies   only  to  instruments  executed  on  or  after  the
effective date of this amendatory Act  of  the  91st  General
Assembly.
(Source: P.A. 86-736.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.

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