91st General Assembly
Summary of SB1567
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Senate Sponsors:
SILVERSTEIN.

House Sponsors:
LANG

Short description: 
PWR ATTY-CAPACITY OF PRINCIPAL                                             

Synopsis of Bill as introduced:
        Amends the Illinois Power of Attorney Act.  Adds  a  new  Section      
   which  defines  "incapacitated  principal"  and requires that an agent      
   provide a record  of  all  receipts,  disbursements,  and  significant      
   actions taken under authority of the agency to certain State officials      
   and  to  other  persons  according to a prioritized list.  Revises the      
   statutory short form power of attorney  for  property  to  require  an      
   additional witness.  Effective immediately.                                 
        SENATE AMENDMENT NO. 1                                                 
        Deletes a provision that requires an agent to provide a record         
   of receipts, disbursements, and significant actions taken to certain        
   requesters according to a prioritized list, and deletes related pro-        
   visions. Adds a statement to the short form power of attorney that          
   explains when the requirement of an additional witness applies.             
        SENATE AMENDMENT NO. 2.                                                
        Changes one of the criteria for determining whether  a  principal      
   is  considered  incapacitated,  as  an alternative to that principal's      
   being under a legal disability under  the  Probate  Act  of  1975,  by      
   requiring that the principal lack decision making capacity (instead of      
   requiring  that the principal be unable to give prompt and intelligent      
   consideration to financial affairs). Provides a cause of action for an      
   agent who is required to provide records of  receipts,  disbursements,      
   and significant actions taken under the authority of an agency and the      
   disclosure  produces  no evidence of wrongdoing. Requires the agent to      
   name as defendant the person who reported a suspicion of wrongdoing to      
   an agency designated to receive such reports  or  the  agency  itself.      
   Entitles the agent to reasonable attorney fees and costs as determined      
   by the circuit court in its discretion.                                     
        HOUSE AMENDMENT NO. 1.                                                 
        Deletes a provision that permits an agent to bring a civil action      
   to recover costs incurred if a disclosure of records is  required  and      
   no evidence of wrongdoing is discovered.                                    
          FISCAL NOTE, H-AM 1 (Department on Aging)                            
          The Department would not incur any additional costs for this         
          legislation.                                                         
          FISCAL NOTE (Office of the Attorney General)                         
          Other than the burden of representing the agency as to alle-         
          gations of wrongfully requesting certain records from an agent       
          of a disabled person, there is no burden on the A.G.'s Office.       
 
Last action on Bill: PUBLIC ACT.............................. 91-0790

   Last action date: 00-06-09

           Location: Senate

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   1     SENATE -   2


   END OF INQUIRY 



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