HB 4462

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Full Text of HB4462
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	HB4462 - 104th General Assembly
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		HB4462 Enrolled		LRB104 17339 JRC 30763 b
1    AN ACT concerning civil law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Power of Attorney Act is amended
5by changing Section 2-8 as follows:
6    (755 ILCS 45/2-8)  (from Ch. 110 1/2, par. 802-8)
7    Sec. 2-8. Reliance on document purporting to establish an
8agency.
9    (a) Any person who acts in good faith reliance on a copy of
10a document purporting to establish an agency will be fully
11protected and released to the same extent as though the
12reliant had dealt directly with the named principal as a
13fully-competent person. The named agent shall furnish an
14affidavit or Agent's Certification and Acceptance of Authority
15to the reliant on demand stating that the instrument relied on
16is a true copy of the agency and that, to the best of the named
17agent's knowledge, the named principal is alive and the
18relevant powers of the named agent have not been altered or
19terminated; but good faith reliance on a document purporting
20to establish an agency will protect the reliant without the
21affidavit or Agent's Certification and Acceptance of
22Authority.
23    (b) Upon request, the named agent in a power of attorney
		HB4462 Enrolled	- 2 -	LRB104 17339 JRC 30763 b
1shall furnish an Agent's Certification and Acceptance of
2Authority to the reliant in substantially the following form:
3AGENT'S CERTIFICATION AND ACCEPTANCE OF AUTHORITY
4    I, .......... (insert name of agent), certify that the
5attached is a true copy of a power of attorney naming the
6undersigned as agent or successor agent for .............
7(insert name of principal).
8    I certify that to the best of my knowledge the principal
9had the capacity to execute the power of attorney, is alive,
10and has not revoked the power of attorney; that my powers as
11agent have not been altered or terminated; and that the power
12of attorney remains in full force and effect.
13    I accept appointment as agent under this power of
14attorney.
15    This certification and acceptance is made under penalty of
16perjury.*
17    Dated: ............
18
.......................
19
(Agent's Signature)
20
.......................
21
(Print Agent's Name)
22
.......................
23
(Agent's Address)
24    *(NOTE: Perjury is defined in Section 32-2 of the Criminal
		HB4462 Enrolled	- 3 -	LRB104 17339 JRC 30763 b
1Code of 2012, and is a Class 3 felony.)
2    (c) Any person dealing with an agent named in a copy of a
3document purporting to establish an agency may presume, in the
4absence of actual knowledge to the contrary, that the document
5purporting to establish the agency was validly executed, that
6the agency was validly established, that the named principal
7was competent at the time of execution, and that, at the time
8of reliance, the named principal is alive, the agency was
9validly established and has not terminated or been amended,
10the relevant powers of the named agent were properly and
11validly granted and have not terminated or been amended, and
12the acts of the named agent conform to the standards of this
13Act. No person relying on a copy of a document purporting to
14establish an agency shall be required to see to the
15application of any property delivered to or controlled by the
16named agent or to question the authority of the named agent.
17    (d) Each person to whom a direction by the named agent in
18accordance with the terms of the copy of the document
19purporting to establish an agency is communicated shall comply
20with that direction, and any person who fails to comply
21arbitrarily or without reasonable cause shall be subject to
22civil liability for any damages resulting from noncompliance.
23A health care provider who complies with Section 4-7 shall not
24be deemed to have acted arbitrarily or without reasonable
25cause.
		HB4462 Enrolled	- 4 -	LRB104 17339 JRC 30763 b
1    (e) Unreasonable cause to refuse to honor. It shall be
2deemed unreasonable for a third party to refuse to honor an
3Illinois statutory short form power of attorney for property
4properly executed in accordance with the laws in effect at the
5time of its execution, if the only reason for the refusal is
6any of or more than one of the following: (1) the power of
7attorney is not on a form the third party receiving such power
8prescribes, regardless of any form the terms of any account
9agreement between the principal and third party requires; (2)
10there has been a lapse of time since the execution of the power
11of attorney; (3) on the face of the statutory short form power
12of attorney, there is a lapse of time between the date of
13acknowledgment of the signature of the principal and the date
14of the acceptance by the agent; (4) the document provided does
15not bear an original signature, original witness, or original
16notarization but is accompanied by a properly executed Agent's
17Certification and Acceptance of Authority, Successor Agent's
18Certification and Acceptance of Authority, or Co-Agent's
19Certification and Acceptance of Authority bearing the original
20signature of the named agent; or (5) the document appoints an
21entity as the agent. Nothing in this Section shall be
22interpreted as prohibiting or limiting a third party from
23requiring the named agent to furnish a properly executed
24Agent's Certification and Acceptance of Authority, Successor
25Agent's Certification and Acceptance of Authority, or
26Co-Agent's Certification and Acceptance of Authority under
		HB4462 Enrolled	- 5 -	LRB104 17339 JRC 30763 b
1this Act.
2    (f) Reasonable cause to refuse to honor. Reasons for which
3it shall be deemed reasonable cause for a third party to refuse
4to honor a power of attorney for property include, but are not
5limited to, the following:
6        (1) the refusal by the agent to provide an affidavit
7    or properly executed Agent's Certification and Acceptance
8    of Authority, Successor Agent's Certification and
9    Acceptance of Authority, or Co-Agent's Certification and
10    Acceptance of Authority;
11        (2) (blank); [ the refusal by the agent to provide a ]
12    [copy of the original document that is certified to be ]
13    [valid by an attorney, a court order, or governmental ]
14    [entity;]
15        (3) the person's good faith referral of the principal
16    and the agent or a person acting for or with the agent to
17    the local adult protective services unit;
18        (4) actual knowledge or a reasonable basis for
19    believing in the existence of a report having been made by
20    any person to the local adult protective services unit
21    alleging physical or financial abuse, neglect,
22    exploitation, or abandonment of the principal by the agent
23    or a person acting for the agent;
24        (5) actual knowledge of the principal's death or a
25    reasonable basis for believing the principal has died;
26        (6) actual knowledge of the incapacity of the
		HB4462 Enrolled	- 6 -	LRB104 17339 JRC 30763 b
1    principal or a reasonable basis for believing the
2    principal is incapacitated if the power of attorney
3    tendered is a nondurable power of attorney;
4        (7) actual knowledge or a reasonable basis for
5    believing that the principal was incapacitated at the time
6    the power of attorney was executed;
7        (8) actual knowledge or a reasonable basis for
8    believing: (A) the power of attorney was procured through
9    fraud, duress, or undue influence, or (B) the agent is
10    engaged in fraud or abuse of the principal;
11        (9) actual notice of the termination or revocation of
12    the power of attorney or a reasonable basis for believing
13    that the power of attorney has been terminated or revoked;
14        (10) the refusal by a title insurance company to
15    underwrite title insurance for a gift of real property
16    made pursuant to a statutory short form power of attorney
17    that does not contain express instructions or purposes of
18    the principal with respect to gifts in paragraph 3 of the
19    statutory short form power of attorney;
20        (11) (blank); [the refusal of the principal's attorney ]
21    [to provide a certificate that the power of attorney is ]
22    [valid;]
23        (12) a missing or incorrect signature, an invalid
24    notarization, or an unacceptable power of attorney
25    identification;
26        (13) the third party: (A) has filed a suspicious
		HB4462 Enrolled	- 7 -	LRB104 17339 JRC 30763 b
1    activity report as described by 31 U.S.C. 5318(g) with
2    respect to the principal or agent; (B) believes in good
3    faith that the principal or agent has a prior criminal
4    history involving financial crimes; or (C) has had a
5    previous, unsatisfactory business relationship with the
6    agent due to or resulting in material loss to the third
7    party, financial mismanagement by the agent, or litigation
8    between the third party and the agent alleging substantial
9    damages; or
10        (14) the third party has reasonable cause to suspect
11    the abuse, abandonment, neglect, or financial exploitation
12    of the principal, if the principal is an eligible adult
13    under the Adult Protective Services Act.
14(Source: P.A. 103-994, eff. 1-1-25.)