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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5278

Introduced 2/10/2026, by Rep. Bob Morgan

SYNOPSIS AS INTRODUCED:

755 ILCS 45/2-10

from Ch. 110 1/2, par. 802-10
755 ILCS 5/11a-8

from Ch. 110 1/2, par. 11a-8

Amends the Illinois Power of Attorney Act. Provides that a power of
attorney not otherwise invalidated or revoked is suspended on the
appointment of the Office of State Guardian or public guardian as a
temporary, limited, or plenary guardian of the principal. Provides that
after the appointment the court may revoke a power of attorney only if the
named agent or successor agent under the power of attorney received notice
of a petition for guardianship of the principal in accordance with the
Probate Act of 1975, and that the agent failed to assert authority as agent
before appointment of the Office of State Guardian or public guardian.
Provides that if an agent or successor agent under a power of attorney does
not receive notice of the petition for guardianship of the principal or an
individual does not know that the individual was named as an agent or
successor agent under a power of attorney for the principal, that agent,
successor agent, or individual may petition the court presiding over the
guardianship to lift the suspension of the agency upon a showing by clear
and convincing evidence that it is in the principal's best interests to
reinstate the agency so that the agent, successor agent, or individual may
act in accordance with the terms of the agency. Provides that notice of a
petition to lift the suspension of the agency and a copy of the petition
shall be given to the guardian, the person with a disability, to those
persons whose names and addresses are listed in the petition for
guardianship under the Probate Act of 1975, and any guardian ad litem not
less than 14 days before the hearing.
LRB104 18244 JRC 31683 b

A BILL FOR

HB5278
LRB104 18244 JRC 31683 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 2-10 as follows:

6

(755 ILCS 45/2-10)

(from Ch. 110 1/2, par. 802-10)
7

Sec. 2-10.
Agency-court relationship.
8

(a) Upon petition by any interested person, notice to the
9
agent, principal, and interested persons as the court directs
10
and a finding by the court that the principal lacks either the
11
capacity to control or the capacity to revoke the agency, the
12
court may construe a power of attorney, review the agent's
13
conduct, and grant appropriate relief including compensatory
14
damages.
15

(b) If the court finds that the agent is not acting for the
16
benefit of the principal in accordance with the terms of the
17
agency or that the agent's action or inaction, including
18
restricting or not allowing an interested person to have
19
reasonable visitation with the principal, has caused or
20
threatens substantial harm to the principal's person or
21
property in a manner not authorized or intended by the
22
principal, the court may order a guardian of the principal's
23
person or estate to exercise any powers of the principal under

HB5278
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LRB104 18244 JRC 31683 b
1
the agency, including the power to revoke the agency, or may
2
enter such other orders without appointment of a guardian as
3
the court deems necessary to provide for the best interests of
4
the principal.
5

(c) If the court finds that the agency requires
6
interpretation, the court may construe the agency and instruct
7
the agent, but the court may not amend the agency.
8

(d) If the court finds that the agent has not acted for the
9
benefit of the principal in accordance with the terms of the
10
agency and the Illinois Power of Attorney Act, or that the
11
agent's action caused or threatened substantial harm to the
12
principal's person or property in a manner not authorized or
13
intended by the principal, then the agent shall not be
14
authorized to pay or be reimbursed from the estate of the
15
principal the attorneys' fees and costs of the agent in
16
defending a proceeding brought pursuant to this Section.
17

(e) Upon a finding that the agent's action has caused
18
substantial harm to the principal's person or property, the
19
court may assess against the agent reasonable costs and
20
attorney's fees to a prevailing party who is a provider agency
21
as defined in Section 2 of the Adult Protective Services Act, a
22
representative of the Office of the State Long Term Care
23
Ombudsman, the State Guardian, a public guardian, or a
24
governmental agency having regulatory authority to protect the
25
welfare of the principal.
26

(f) As used in this Section, the term "interested person"

HB5278
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LRB104 18244 JRC 31683 b
1
includes (1) the principal or the agent; (2) a guardian of the
2
person, guardian of the estate, or other fiduciary charged
3
with management of the principal's property; (3) the
4
principal's spouse, parent, or descendant; (4) a person who
5
would be a presumptive heir-at-law of the principal; (5) a
6
person named as a beneficiary to receive any property,
7
benefit, or contractual right upon the principal's death, or
8
as a beneficiary of a trust created by or for the principal;
9
(6) a provider agency as defined in Section 2 of the Adult
10
Protective Services Act, a representative of the Office of the
11
State Long Term Care Ombudsman, the State Guardian, a public
12
guardian, or a governmental agency having regulatory authority
13
to protect the welfare of the principal; and (7) the
14
principal's caregiver or another person who demonstrates
15
sufficient interest in the principal's welfare.
16

(g) Absent court order directing a guardian to exercise
17
powers of the principal under the agency, a guardian will have
18
no power, duty or liability with respect to any property
19
subject to the agency or any personal or health care matters
20
covered by the agency. If an agent seeks guardianship of the
21
principal pursuant to the Probate Act of 1975, the petition
22
for guardianship must delineate the specific powers to be
23
granted to the guardian that are not already included in the
24
power of attorney. The petition for temporary, limited, or
25
plenary guardianship of the principal under the Probate Act of
26
1975 may include a prayer for relief to suspend a power of

HB5278
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LRB104 18244 JRC 31683 b
1
attorney or to revoke a power of attorney in accordance with
2
subsection (b).
3

(g-1) Any powers of attorney not otherwise invalidated or
4
revoked in accordance with this Section are suspended upon the
5
appointment of the Office of State Guardian or public guardian
6
as a temporary, limited, or plenary guardian of the principal.
7
Upon such an appointment, the court may revoke a power of
8
attorney only if the named agent or successor agent under the
9
power of attorney received notice of a petition for
10
guardianship of the principal in accordance with Section 11a-4
11
or Section 11a-8 of the Probate Act of 1975, and that agent
12
failed to assert authority as agent before appointment of the
13
Office of State Guardian or public guardian. If an agent or
14
successor agent under a power of attorney does not receive
15
notice of the petition for guardianship of the principal or an
16
individual does not know about being named as an agent or
17
successor agent under a power of attorney for the principal,
18
that agent, successor agent, or individual may petition the
19
court presiding over the guardianship of the principal to lift
20
the suspension of the agency upon a showing by clear and
21
convincing evidence that it is in the principal's best
22
interests to reinstate the agency so that the agent, successor
23
agent, or individual may act in accordance with the terms of
24
the agency. Notice of a petition to lift the suspension of the
25
agency and a copy of the petition shall be given to the
26
guardian, the person with a disability, and to those persons

HB5278
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LRB104 18244 JRC 31683 b
1
whose names and addresses are listed in the petition for
2
guardianship under Section 11a-8 of the Probate Act of 1975,
3
and any guardian ad litem not less than 14 days before the
4
hearing.

5

(h) Proceedings under this Section shall be commenced in
6
the county where the guardian was appointed or, if no Illinois
7
guardian is acting, then in the county where the agent or
8
principal resides or where the principal owns real property.
9

(i) This Section shall not be construed to limit any other
10
remedies available.
11
(Source: P.A. 102-72, eff. 1-1-22; 103-55, eff. 1-1-24
.)

12

Section 10.
The Probate Act of 1975 is amended by changing
13
Section 11a-8 as follows:

14

(755 ILCS 5/11a-8)

(from Ch. 110 1/2, par. 11a-8)
15

Sec. 11a-8.
Petition.
The petition for adjudication of
16
disability and for the appointment of a guardian of the estate
17
or the person or both of an alleged person with a disability
18
must state, if known or reasonably ascertainable: (a) the
19
relationship and interest of the petitioner to the respondent;
20
(b) the name, date of birth, and place of residence of the
21
respondent; (c) the reasons for the guardianship; (d) the name
22
and post office address of the respondent's guardian, if any,
23
(d-1) the name and address

or
of the respondent's agent or
24
agents appointed under the Illinois Power of Attorney Act, if

HB5278
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LRB104 18244 JRC 31683 b
1
any
, and, if no agent is identified or address provided, that
2
diligent inquiry was made to learn this information and the
3
specific steps taken
; (e) the name and post office addresses
4
of the nearest relatives of the respondent in the following
5
order: (1) the spouse and adult children, parents and adult
6
brothers and sisters, if any; if none, (2) nearest adult
7
kindred known to the petitioner; (f) the name and address of
8
the person with whom or the facility in which the respondent is
9
residing; (g) the approximate value of the personal and real
10
estate; (h) the amount of the anticipated annual gross income
11
and other receipts; (i) the name, post office address and in
12
case of an individual, the age, relationship to the respondent
13
and occupation of the proposed guardian. In addition, if the
14
petition seeks the appointment of a previously appointed
15
standby guardian as guardian of the person with a disability,
16
the petition must also state: (j) the facts concerning the
17
standby guardian's previous appointment and (k) the date of
18
death of the guardian of the person with a disability or the
19
facts concerning the consent of the guardian of the person
20
with a disability to the appointment of the standby guardian
21
as guardian, or the willingness and ability of the guardian of
22
the person with a disability to make and carry out day-to-day
23
care decisions concerning the person with a disability. A
24
petition for adjudication of disability and the appointment of
25
a guardian of the estate or the person or both of an alleged
26
person with a disability may not be dismissed or withdrawn

HB5278
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LRB104 18244 JRC 31683 b
1
without leave of the court. A petitioner who seeks to revoke or
2
construe a power of attorney for the alleged person with a
3
disability, or review the agent's conduct, shall do so in
4
conformity with the Illinois Power of Attorney Act, and as set
5
forth in subsection (c) of Section 11a-17 and subsection (e)
6
of Section 11a-18 of this Act.
7
(Source: P.A. 102-72, eff. 1-1-22
.)

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