802-8)Ī document purporting to establish an agency will be fullyĪffidavit or Agent's Certification and Acceptance of Authority Instrument of agency granting powers to an agent. Individual acting as trustee, representative , (e) "Principal" means an individual (including, without Guaranteeing company, bank, ambulatory and community currencyĮxchange, credit union, guaranteed credit union, orĮntity, as appropriate to the agency or to any third-party Partnership, financial institution, title insuring or (d) "Person" means an individual, corporation, trust, TheĪgent may rely conclusively on the written record. (iii) the written record has been delivered to the agent. The written record within 90 days after the examination and Has made a written record of this determination and has signed Principal lacks decision making capacity (ii) that physician Has examined the principal and has determined that the Physician licensed to practice medicine in all of its branches Principal shall also be considered incapacitated if: (i) a Means that the principal is under a legal disability asĭefined in Section 11a-2 of the Probate Act of 1975. (c-5) "Incapacitated", when used to describe a principal, Under a "disability" means to be a person with a disability. (c) "Person with a disability" has the same meaning as inġ975", as now or hereafter amended. (b) "Agent" means the attorney-in-fact or other person Subject to this Act to the extent it may be controlled by theĮxcluding agencies and powers for the benefit of Personal or health care as well as property. (a) "Agency" means the written power of attorney or otherĪgency governing the relationship between theĪppropriate to the context, and includes agencies The Illinois Power of Attorney Act is amendedīy changing Sections 2-3, 2-8, 2-10.3, and 3-3 as follows: Effective immediately.īe it enacted by the People of the State of Illinois, Provides that any person who violates the Illinois Power of Attorney Act by unreasonably refusing to comply with a power of attorney commits an unlawful practice within the meaning of the Act. Amends the Consumer Fraud and Deceptive Business Practices Act. Changes the Notice to the Individual Signing the Illinois Statutory Short Form Power of Attorney for Property. Provides that if a proceeding is brought to compel acceptance of a statutory short form power of attorney, the court shall award damages of $1,000 or actual damages. Sets forth reasons it shall be deemed unreasonable for a person to refuse to honor a statutory short form power of attorney in accordance with the laws in effect at the time of its execution. Includes reasonable causes to refuse to honor a statutory short form power of attorney. Provides that no person located or doing business in the State shall refuse, without reasonable cause, to honor a statutory short form power of attorney for property properly executed in accordance with the Act that is valid according to the Act. Creates a form for an Agent's Certification and Acceptance of Authority Statutory Power of Attorney for Health Care After the Death of the Principal. Changes the forms for an Agent's Certification and Acceptance of Authority and a Successor Agent's Certification and Acceptance of Authority. Spectrum: Partisan Bill (Democrat 1-0) Status: (Introduced) - Rule 3-9(a) / Re-referred to Assignments Download: Illinois-2023-SB1475-Introduced.htmlĪmends the Illinois Power of Attorney Act. Bill Title: Amends the Illinois Power of Attorney Act.
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