POWER OF ATTY-PROPERTY

Illinois General Assembly - Full Text of HB4462

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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,
3
represented in the General Assembly:

4

Section 5.
The Illinois Power of Attorney Act is amended
5
by 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
8
agency.
9

(a) Any person who acts in good faith reliance on a copy of
10
a document purporting to establish an agency will be fully
11
protected and released to the same extent as though the
12
reliant had dealt directly with the named principal as a
13
fully-competent person. The named agent shall furnish an
14
affidavit or Agent's Certification and Acceptance of Authority
15
to the reliant on demand stating that the instrument relied on
16
is a true copy of the agency and that, to the best of the named
17
agent's knowledge, the named principal is alive and the
18
relevant powers of the named agent have not been altered or
19
terminated; but good faith reliance on a document purporting
20
to establish an agency will protect the reliant without the
21
affidavit or Agent's Certification and Acceptance of
22
Authority.
23

(b) Upon request, the named agent in a power of attorney

HB4462 Enrolled
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LRB104 17339 JRC 30763 b
1
shall furnish an Agent's Certification and Acceptance of
2
Authority to the reliant in substantially the following form:

3
AGENT'S CERTIFICATION AND ACCEPTANCE OF AUTHORITY

4

I, .......... (insert name of agent), certify that the
5
attached is a true copy of a power of attorney naming the
6
undersigned as agent or successor agent for .............
7
(insert name of principal).
8

I certify that to the best of my knowledge the principal
9
had the capacity to execute the power of attorney, is alive,
10
and has not revoked the power of attorney; that my powers as
11
agent have not been altered or terminated; and that the power
12
of attorney remains in full force and effect.
13

I accept appointment as agent under this power of
14
attorney.
15

This certification and acceptance is made under penalty of
16
perjury.*
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
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LRB104 17339 JRC 30763 b
1
Code of 2012, and is a Class 3 felony.)

2

(c) Any person dealing with an agent named in a copy of a
3
document purporting to establish an agency may presume, in the
4
absence of actual knowledge to the contrary, that the document
5
purporting to establish the agency was validly executed, that
6
the agency was validly established, that the named principal
7
was competent at the time of execution, and that, at the time
8
of reliance, the named principal is alive, the agency was
9
validly established and has not terminated or been amended,
10
the relevant powers of the named agent were properly and
11
validly granted and have not terminated or been amended, and
12
the acts of the named agent conform to the standards of this
13
Act. No person relying on a copy of a document purporting to
14
establish an agency shall be required to see to the
15
application of any property delivered to or controlled by the
16
named agent or to question the authority of the named agent.
17

(d) Each person to whom a direction by the named agent in
18
accordance with the terms of the copy of the document
19
purporting to establish an agency is communicated shall comply
20
with that direction, and any person who fails to comply
21
arbitrarily or without reasonable cause shall be subject to
22
civil liability for any damages resulting from noncompliance.
23
A health care provider who complies with Section 4-7 shall not
24
be deemed to have acted arbitrarily or without reasonable
25
cause.

HB4462 Enrolled
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LRB104 17339 JRC 30763 b
1

(e) Unreasonable cause to refuse to honor. It shall be
2
deemed unreasonable for a third party to refuse to honor an
3
Illinois statutory short form power of attorney for property
4
properly executed in accordance with the laws in effect at the
5
time of its execution, if the only reason for the refusal is
6
any of or more than one of the following: (1) the power of
7
attorney is not on a form the third party receiving such power
8
prescribes, regardless of any form the terms of any account
9
agreement between the principal and third party requires; (2)
10
there has been a lapse of time since the execution of the power
11
of attorney; (3) on the face of the statutory short form power
12
of attorney, there is a lapse of time between the date of
13
acknowledgment of the signature of the principal and the date
14
of the acceptance by the agent; (4) the document provided does
15
not bear an original signature, original witness, or original
16
notarization but is accompanied by a properly executed Agent's
17
Certification and Acceptance of Authority, Successor Agent's
18
Certification and Acceptance of Authority, or Co-Agent's
19
Certification and Acceptance of Authority bearing the original
20
signature of the named agent; or (5) the document appoints an
21
entity as the agent. Nothing in this Section shall be
22
interpreted as prohibiting or limiting a third party from
23
requiring the named agent to furnish a properly executed
24
Agent's Certification and Acceptance of Authority, Successor
25
Agent's Certification and Acceptance of Authority, or
26
Co-Agent's Certification and Acceptance of Authority under

HB4462 Enrolled
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LRB104 17339 JRC 30763 b
1
this Act.
2

(f) Reasonable cause to refuse to honor. Reasons for which
3
it shall be deemed reasonable cause for a third party to refuse
4
to honor a power of attorney for property include, but are not
5
limited 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
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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
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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
.)

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