Power of Attorney Form

New POA-for-Property Short Form

PA 91-790 (Silverstein, D-Chicago; Lang, D-Chicago) amends the Illinois Power of Attorney Act, changing the statutory short-form power of attorney for property to require one additional witness for the power of attorney to be effective. The requirement for the signature of an additional witness applies only to instruments executed on or after June 9, 2000, which is when this Act became effective.
The new law also amends the Act to create a new section that applies to an agent acting for a principal who is incapacitated. A principal is considered incapacitated if he or she is under a legal disability as defined in Section 11a-2 of the Probate Act. A principal is also considered incapacitated if (1) a physician finds that the principal lacks decision-making capacity; (2) the physician has made a written record of this determination and has signed the written record within 90 days after an examination; and (3) the written record has been delivered to the agent. The agent may rely conclusively on that written record.
The Act requires that the agent provide a record of all receipts, disbursements, and significant actions taken under the authority of the agency in two instances. These instances are if requested by (1) a representative of a provider agency as defined in the Elder Abuse and Neglect Act; or (2) by a representative of the Office of the State Long Term Care Ombudsman during the investigation of a complaint of financial exploitation of a nursing home resident.