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Power of Attorney Law Changed in Illinois

Wed, 09/06/2000 - 12:00am — Karen Stevenson
Description: 

Illinois bill SB 1567 changed provisions of the law relating to powers of attorney. Language was added for situations when an agent is acting for a principal who is incapacitated. The new language says that 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, or if a physician has examined the principal and has determined that the principal lacks decision making capacity, and the physician makes a written record of this determination, signs it within 90 days after the examination, and delivers it to the agent. In that event, the agent may rely conclusively on that written record.

In the event that the principal is incapacitated, the agent must 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, 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.

Illinois bill SB 1567 changed provisions of the law relating to powers of attorney. Language was added for situations when an agent is acting for a principal who is incapacitated. The new language says that 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, or if a physician has examined the principal and has determined that the principal lacks decision making capacity, and the physician makes a written record of this determination, signs it within 90 days after the examination, and delivers it to the agent. In that event, the agent may rely conclusively on that written record.

In the event that the principal is incapacitated, the agent must 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, 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.