HB 4136 Illinois House · 96th Regular Session

PWR ATTY-CERTIF-COAGENCY

Summary
Amends the Illinois Power of Attorney Act. Provides that an agent shall furnish a notarized certificate to the reliant (instead of the agent shall furnish a reliant an affidavit on demand stating that the principal is alive and the agent's powers have not been altered or terminated) which includes: the agent's duties; requirements that an agent avoid conflicts, keep records, and not commingle funds; awareness that liability may arise from a violation; and the principal is alive. Provides that a principal shall not have co-agents. Provides that a health care agency shall be witnessed by 2 people none of whom are: a medical care or other provider, or his or her relative; a parent, sibling, descendant, or any spouse of the principal or agent; or an agent or successor agent. Provides that an agent may make decisions concerning anatomical gifts and a person's remains. Provides that a power shall identify the person preparing the form. Provides that the health form must include a choice allowing the principal to have life prolonged unless permanently unconsciousness. Provides that if the power of attorney grants authority to co-agents, it shall be exercisable by majority vote, unless prompt action is required by one agent. Provides that an agent is not liable for another agent's actions unless the agent participates in or conceals a breach of fiduciary duty. Provides that these provisions do not invalidate any prior agency or any agent's act, or affect any claim that accrued before the effective date. Makes other changes.
Bill status failed 1 of 4 stages cleared
Introduction
Feb 2009
Committee Review
Floor Vote
Governor
Introduced Feb 27, 2009 Last action Jan 11, 2011
Floor votes

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Full legislative history

Actions timeline

Total actions
6
Key actions
0
Committee
3
Jan 11, 2011
House · Failed
Session Sine Die
Mar 13, 2009
House · Referred to committee
Rule 19(a) / Re-referred to Rules Committee
Mar 4, 2009
House · Referred to committee
Assigned to Judiciary I - Civil Law Committee
Feb 27, 2009
House · Referred to committee
Referred to Rules Committee
0 primary · 1 co-sponsor

Sponsors

Role
Legislator
Party
State
District
Co
Photo of Patricia R. Bellock
Patricia R. Bellock
RRepublican
IL
47