2023 Illinois Compiled Statutes › Chapter 755 - ESTATES › 755 ILCS 45/ - Illinois Power of Attorney Act. › Article II - Durable Powers Of Attorney

(755 ILCS 45/Art. II heading)
ARTICLE II  
		- DURABLE POWERS OF ATTORNEY.
(755 ILCS 45/2-1) (from Ch. 110 1/2, par. 802-1)
Sec. 2-1. Purpose. The General Assembly recognizes that each
individual has the right to appoint an agent to make property, financial, 
personal, and health care decisions for the individual but that this right
cannot be fully effective unless the principal may empower the agent to act
throughout the principal's lifetime, including during periods of
disability, and have confidence that third parties will honor the agent's authority
at all times.
The General Assembly finds that in the light of modern financial needs
and advances in medical science, the statutory recognition of this right of
delegation in Illinois needs to be restated, which will, among other things, expand the
 application and the permissible scope of the agent's authority, clarify
the power of the individual to authorize an agent to make financial and
care decisions for the individual and better protect health care personnel
and other third parties who rely in good faith on the agent so that
reliance will be assured.  Nothing in this Act shall be deemed to
authorize or encourage euthanasia, suicide or any action or course of
action that violates the criminal law of this State or the United States.
Similarly, nothing in this Act shall be deemed to authorize or encourage
any violation of a civil right expressed in the Constitution, statutes,
case law and administrative rulings of this State (including, without
limitation, the right of conscience respected and protected by the Health
Care Right of Conscience Act, as now or hereafter amended) or the
United States or any action or course of action that violates the public policy
expressed in the Constitution, statutes, case law and administrative rulings of
this State or the United States.
(Source: P.A. 96-1195, eff. 7-1-11.)
(755 ILCS 45/2-2) (from Ch. 110 1/2, par. 802-2)
Sec. 2-2. 
		Short Title. 
		This Article shall be known and may be cited as
the "Durable Power of Attorney Law".
(Source: P.A. 85-701.)
(755 ILCS 45/2-3) (from Ch. 110 1/2, par. 802-3)
Sec. 2-3. Definitions. As used in this Act:
(a) "Agency" means the written power of attorney or other instrument of
agency governing the relationship between the principal and agent or the
relationship, itself, as appropriate to the context, and includes agencies
dealing with personal or health care as well as property.  An agency is
subject to this Act to the extent it may be controlled by the principal,
excluding agencies and powers for the benefit of the agent.
(b) "Agent" means the attorney-in-fact or other person designated to act
for the principal in the agency.
(c) "Person with a disability" has the same meaning as in the "Probate Act of
1975", as now or hereafter amended.  To be under a "disability" means to be a person with a disability.
(c-5) "Incapacitated", when used to describe a principal, means that the principal is under a legal disability as defined in Section 11a-2 of the Probate Act of 1975. A principal shall also be considered incapacitated if: (i) a physician licensed to practice medicine in all of its branches has examined the principal and has determined that the principal lacks decision making capacity; (ii) that physician has made a written record of this determination and has signed the written record within 90 days after the examination; and (iii) the written record has been delivered to the agent. The agent may rely conclusively on the written record.
(d) "Person" means an individual, corporation, trust, partnership or
other entity, as appropriate to the agency.
(e) "Principal" means an individual (including, without limitation, an
individual acting as trustee, representative or other fiduciary) who signs
a power of attorney or other instrument of agency granting powers to an agent.
(Source: P.A. 99-143, eff. 7-27-15.)
(755 ILCS 45/2-4) (from Ch. 110 1/2, par. 802-4)
Sec. 2-4. Applicability.
(a) The principal may specify in the agency
the event or time when the agency will begin and terminate, the mode of
revocation or amendment and the rights, powers, duties, limitations,
immunities and other terms applicable to the agent and to all persons
dealing with the agent, and the provisions of the agency will control
notwithstanding this Act, except that every health care agency must
comply with Section 4-5 of this Act.
(b) From and after the effective date of this Act:  (1) this Act governs
every agency, whenever and wherever executed, and all acts of the agent to
the extent the provisions of this Act are not inconsistent with the agency;
and (2) this Act applies to all agencies exercised in Illinois and to all
other agencies if the principal is a resident of Illinois at the time the
agency is signed or at the time of exercise or if the agency indicates that
Illinois law is to apply.  Providing forms of statutory property and
health care powers in Articles III and IV does not limit the applicability
of this Act, it being intended that every agency, including, without
limitation, the statutory property and health care power agencies, shall
have the benefit of and be governed by Article II, by Sections 4-1 through
4-9 and Section 4-11 of Article IV, and by all other general provisions of
this Act, except to the extent the terms of the agency are inconsistent with this Act.
(c) Notwithstanding the provisions of subsections (a) and (b), this Act shall not apply to an agreement or contract described in any of items (1) through (8) of this subsection under which a financial institution,  defined as a (i) bank, trust company, savings bank, savings and loan, or credit union holding a federal charter or a charter from any of the states that is subject to regulation by the Illinois Secretary of Financial and Professional Regulation or (ii) broker-dealer registered with the United States Securities and Exchange Commission, is named as an agent for any person, provided that the agreement or contract does not include in its terms a durable power of attorney that survives the incapacity of the principal:
(1) a proxy or other delegation to exercise voting     rights or management rights with respect to a corporation, partnership (general or limited), limited liability company, condominium, commercial entity, or association;
(2) an agreement or contract given to a financial     institution to facilitate a specific transfer or disposition of one or more identified stocks, bonds, or assets, whether real or personal, tangible or intangible;
(3) an agreement or directive authorizing a financial     institution to prepare, execute, deliver, submit, or file a document or instrument with a government or governmental subdivision, agency,  or instrumentality, or other third party;
(4) an agreement or contract authorizing a financial     institution or an officer of a financial institution to take a specific action or actions in relation to an account in which the financial institution (i) holds cash, securities, commodities, or other financial assets on behalf of the principal or (ii) acts as an investment manager with a third party serving as the custodian of such cash, securities, commodities, or other financial assets on behalf of the principal;
(5) an agreement or contract authorizing a financial     institution to take specific actions with respect to collateral in connection with a loan or other secured credit transaction other than a mortgage;
(6) an agreement or contract given to a financial     institution by an individual who is, or is seeking to become, a director, officer, stockholder, employee, partner (general or limited), member, unit owner, equity owner, trustee, manager, or agent of a corporation, a partnership (general or limited), a limited liability company, a condominium, a legal or commercial entity, or an association, in that individual's capacity as such, including an agreement or directive contained in a subscription agreement;
(7) an authorization contained in a certificate of     incorporation, bylaws, general or limited partnership agreement, limited liability company agreement, declaration of trust, declaration of condominium, condominium offering plan, or other agreement or instrument governing the internal affairs of an entity or association authorizing a director, officer, shareholder, employee, partner (general or limited), member, unit owner, equity owner, trustee, manager, or other person to take lawful actions relating to such entity or association; or
(8) an agreement authorizing the acceptance of the     service of process on behalf of the person executing the agreement.
(d)  An agreement or contract described in subsection (c) is not a "nonstatutory property power" subject to subsection (b) of Section 3-3. This subsection (d) is declarative of existing law and is applicable to all agreements or contracts whenever executed.
(Source: P.A. 97-868, eff. 7-30-12.)
(755 ILCS 45/2-5) (from Ch. 110 1/2, par. 802-5)
Sec. 2-5. Duration of agency - amendment and revocation. Unless the
agency states an earlier termination date, the agency continues until the
death of the principal, notwithstanding any lapse of time, the principal's
disability or incapacity or appointment of a guardian for the principal
after the agency is signed.  Every agency may be amended or revoked by the
principal, if the principal has the capacity to do so, at any time and in any manner communicated to the agent or to any
other person related to the subject matter of the agency, except that
revocation and amendment of health care agencies are governed by Section 4-6
of this Act except to the extent the terms of the agencies are inconsistent
with that Section. The execution of a power of attorney does not revoke a power of attorney previously executed by the principal unless the subsequent power of attorney provides that the previous power of attorney is revoked or that all other powers of attorney are revoked.
(Source: P.A. 96-1195, eff. 7-1-11.)
(755 ILCS 45/2-6) (from Ch. 110 1/2, par. 802-6)
Sec. 2-6. Effect of disability-divorce.
(a) All acts of the agent
within the scope of the agency during any period of disability, incapacity
or incompetency of the principal have the same effect and inure to the
benefit of and bind the principal and his or her successors in interest as
if the principal were competent and not a person with a disability.
(b) If a court enters a judgement of dissolution of marriage or legal
separation between the principal and his or her spouse after the agency is
signed, the spouse shall be deemed to have died at the time of the judgment
for all purposes of the agency.
(Source: P.A. 99-143, eff. 7-27-15.)
(755 ILCS 45/2-7) (from Ch. 110 1/2, par. 802-7)
Sec. 2-7. Duty - standard of care - record-keeping - exoneration.
(a) The agent shall be under
no duty to exercise the powers granted by the agency or to assume control
of or responsibility for any of the principal's property, care or affairs,
regardless of the principal's physical or mental condition.  Whenever a
power is exercised, the agent shall act in good faith for the benefit of
the principal using due care, competence, and diligence in accordance with the terms of the agency and shall be
liable for negligent exercise.  An agent who acts with due care for the
benefit of the principal shall not be liable or limited merely because the
agent also benefits from the act, has individual or conflicting interests
in relation to the property, care or affairs of the principal or acts in a
different manner with respect to the agency and the agent's individual
interests.
The agent shall not be
affected by any amendment or termination
of the agency until the agent has actual knowledge thereof.  The agent
shall not be liable for any loss due to error of judgment nor for the act
or default of any other person.
(b) An agent that has accepted appointment must act in accordance with the principal's expectations to the extent actually known to the agent and otherwise in the principal's best interests.
(c) An agent shall keep a record of all receipts, disbursements, and significant actions taken under the authority of the agency and shall provide a copy of this record when requested to do so by:
(1) the principal, a guardian, another fiduciary     acting on behalf of the principal, and, after the death of the principal, the personal representative or successors in interest of the principal's estate;
(2) a representative of a provider agency, as defined     in Section 2 of the Adult Protective Services Act, acting in the course of an assessment of a complaint of elder abuse or neglect under that Act;
(3)  a representative of the Office of the State Long     Term Care Ombudsman, acting in the course of an investigation of a complaint of financial exploitation of a nursing home resident under Section 4.04 of the Illinois Act on the Aging;
(4) a representative of the Office of Inspector     General for the Department of Human Services, acting in the course of an assessment of a complaint of financial exploitation of an adult with disabilities pursuant to Section 35 of the Abuse of Adults with Disabilities Intervention Act;
(5) a court under Section 2-10 of this Act; or
(6) a representative of the Office of State Guardian     or public guardian for the county in which the principal resides acting in the course of investigating whether to file a petition for guardianship of the principal under Section 11a-4 or 11a-8 of the Probate Act of 1975.
(d) If the agent fails to provide his or her record of all receipts, disbursements, and significant actions within 21 days after a request under subsection  (c), the adult abuse provider agency, the State Guardian, the public guardian, or a representative of the Office of the State Long Term Care Ombudsman may petition the court for an order requiring the agent to produce his or her record of receipts, disbursements, and significant actions. If the court finds that the agent's failure to provide his or her record in a timely manner to the adult abuse provider agency, the State Guardian, the public guardian,  or a representative of the Office of the State Long Term Care Ombudsman was without good cause, the court may assess reasonable costs and attorney's fees against the agent, and order such other relief as is appropriate.
(e) An agent is not required to disclose receipts, disbursements, or other significant actions conducted on behalf of the principal except as otherwise provided in the power of attorney or as required under subsection (c).
(f) An agent that violates this Act is liable to the principal or the principal's successors in interest for the amount required (i) to restore the value of the principal's property to what it would have been had the violation not occurred, and (ii) to reimburse the principal or the principal's successors in interest for the attorney's fees and costs paid on the agent's behalf. This subsection does not limit any other applicable legal or equitable remedies.
(Source: P.A. 100-952, eff. 1-1-19.)
(755 ILCS 45/2-7.5)
Sec. 2-7.5. (Repealed).
(Source: P.A. 94-850, eff. 6-13-06. Repealed by P.A. 96-1195, eff. 7-1-11.)
(755 ILCS 45/2-8) (from Ch. 110 1/2, par. 802-8)
Sec. 2-8. Reliance on
document purporting to establish an
agency.
(a) Any person who acts in good faith
reliance on a copy of
a document purporting to establish an agency will be fully protected and
released to
the same extent as though the reliant had dealt directly with the
named
principal
as a fully-competent person.  The
named
agent shall furnish an affidavit or Agent's Certification and Acceptance of Authority to the
reliant on demand stating that the instrument relied on is a true copy of
the agency and that, to the best of the
named
agent's knowledge, the named principal is
alive and the relevant powers of the
named
agent have not been altered or
terminated; but good faith reliance on
a document purporting to establish an agency will protect the reliant
without the affidavit or Agent's Certification and Acceptance of Authority.
(b)  Upon request, the named agent in a power of attorney shall furnish an Agent's Certification and Acceptance of Authority to the reliant in substantially the following form:
AGENT'S CERTIFICATION AND ACCEPTANCE OF AUTHORITY
I, .......... (insert name of agent), certify that the attached is a true copy of a power of attorney naming the undersigned as agent or successor agent for ............. (insert name of principal).
I certify that to the best of my knowledge the principal had the capacity to execute the power of attorney,  is alive, and has not revoked the power of attorney; that my powers as agent have not been altered or terminated; and that the power of attorney remains in full force and effect.
I accept appointment as agent under this power of attorney.
This certification and acceptance is made under penalty of perjury.*
Dated: ................................... (Agent's Signature) ....................... (Print Agent's Name) ....................... (Agent's Address)
*(NOTE: Perjury is defined in Section 32-2 of the Criminal Code of 2012, and  is a Class 3 felony.)
(c)  Any person dealing with an agent
named in a copy of a document purporting to establish an agency
may presume, in
the absence of actual knowledge to the contrary, that the
document purporting to establish the
agency was
validly executed,
that the agency was validly established,
that the named principal was competent at the time
of execution, and that, at the time of reliance, the
named
principal is alive,
the agency
was validly established
and has not terminated or been amended, the relevant powers of the
named
agent were properly and validly granted and have not terminated or
been amended, and the acts of the
named
agent conform to the standards of this Act.
No person relying on
a copy of a document purporting to establish an agency shall be required to see to the application
of any property delivered to or controlled by the
named
agent or to question the
authority of the
named
agent.
(d)  Each person to whom a direction by the named agent in
accordance with the terms of the
copy of the document purporting to establish an
agency is communicated shall comply with
that direction, and any person who fails to comply arbitrarily or without
reasonable cause shall be subject to civil liability for any damages
resulting from noncompliance.
A health care provider who complies with Section 4-7 shall not be
deemed to have acted arbitrarily or without reasonable cause.
(Source: P.A. 96-1195, eff. 7-1-11; 97-1150, eff. 1-25-13.)
(755 ILCS 45/2-9) (from Ch. 110 1/2, par. 802-9)
Sec. 2-9. Preservation of estate plan and trusts. In exercising powers
granted under the agency, including powers of amendment or revocation and
powers to expend or withdraw property passing by trust, contract or
beneficiary designation at the principal's death (such as, without
limitation, specifically bequeathed property, joint accounts, life
insurance, trusts and retirement plans), the agent shall take the
principal's estate plan into account insofar as it is known to the agent
and shall attempt to preserve the plan, but the agent shall not be liable
to any plan beneficiary under this Section unless the agent acts in bad
faith.  An agent may not revoke or amend a trust revocable or amendable by
the principal or require the trustee of any trust for the benefit of the
principal to pay income or principal to the agent without specific
authority and specific reference to the trust in the agency.  The agent
shall have access to and the right to copy (but not to hold) the
principal's will, trusts and other personal papers and records to the
extent the agent deems relevant for purposes of this Section. This Section shall  not  apply  to  any  Totten  Trust,  Payable  on  Death  Account, or comparable  trust  account  arrangement  where  the terms of such trust are contained entirely on the financial institution's signature card insofar as an  agent acting under a power of attorney executed in accordance with this Act shall be permitted to withdraw income or principal from such account if the  power  of  attorney  grants  the  agent authority to conduct financial institution   transactions  on  the  principal's  behalf  and  the  agent's authority  to  access  such account is not expressly limited or withheld in the agency.
(Source: P.A. 94-938, eff. 1-1-07.)
(755 ILCS 45/2-10) (from Ch. 110 1/2, par. 802-10)
Sec. 2-10. Agency-court relationship.
(a) Upon petition by any interested
person, notice to the agent, principal, and interested persons as the
court directs and a finding by the court that the principal
lacks either the capacity to control or the capacity to revoke the agency, the court may construe a power of attorney, review the agent's conduct, and grant appropriate relief including compensatory damages.
(b) If the court finds
that the agent is not acting for the benefit of the principal in accordance
with the terms of the agency or that the agent's action or inaction, including restricting or not allowing an interested person to have reasonable visitation with the principal, has
caused or threatens substantial harm to the principal's person or property
in a manner not authorized or intended by the principal, the court may
order a guardian of the principal's person or estate to exercise any powers
of the principal under the agency, including the power to revoke the
agency, or may enter such other orders without appointment of a guardian as
the court deems necessary to provide for the best interests of the
principal.
(c) If the court finds that the agency requires
interpretation, the court may construe the agency and instruct the agent,
but the court may not amend the agency.
(d) If the court finds that the agent has not acted for the benefit of the principal in accordance with the terms of the agency and the Illinois Power of Attorney Act, or that the agent's action caused or threatened substantial harm to the principal's person or property in a manner not authorized or intended by the principal, then the agent shall not be authorized to pay or be reimbursed from the estate of the principal the attorneys' fees and costs of the agent in defending a proceeding brought pursuant to this Section.
(e) Upon a finding that the agent's action has caused substantial harm to the principal's person or property, the court may assess against the agent reasonable costs and attorney's fees to a prevailing party who is a provider agency as defined in Section 2 of the Adult Protective Services Act, a representative of the Office of the State Long Term Care Ombudsman, the State Guardian, a public guardian, or a governmental agency having regulatory authority to protect the welfare of the principal.
(f) As used in this Section, the term "interested person" includes (1) the principal or the agent; (2) a guardian of the person, guardian of the estate, or other fiduciary charged with management of the principal's property; (3) the principal's spouse, parent, or descendant; (4) a person who would be a presumptive heir-at-law of the principal; (5) a person named as a beneficiary to receive any property, benefit, or contractual right upon the principal's death, or as a beneficiary of a trust created by or for the principal; (6) a provider agency as defined in Section 2 of the Adult Protective Services Act, a representative  of the Office of the State Long Term Care Ombudsman, the State Guardian, a public guardian, or a governmental agency having regulatory authority to protect the welfare of the principal; and (7) the principal's caregiver or another person who demonstrates sufficient interest in the principal's welfare.
(g) Absent court order directing a
guardian to exercise powers of the principal under the agency, a guardian
will have no power, duty or liability with respect to any property subject
to the agency or any personal or health care matters covered by the agency. If an agent seeks guardianship of the principal pursuant to the Probate Act of 1975, the petition for guardianship must delineate the specific powers to be granted to the guardian that are not already included in the power of attorney.  The petition for temporary, limited, or plenary guardianship of the principal under the Probate Act of 1975 may include a prayer for relief to suspend a power of attorney or to revoke a power of attorney in accordance with subsection (b).
(h)
 Proceedings under this Section shall be commenced in the county where the
guardian was appointed or, if no Illinois guardian is acting, then in the
county where the agent or principal resides or where the principal owns real property.
(i) This Section shall not be construed to limit any other remedies available.
(Source: P.A. 102-72, eff. 1-1-22; 103-55, eff. 1-1-24.)
(755 ILCS 45/2-10.3)
Sec. 2-10.3. Successor agents.
(a)  A principal may designate one or more successor agents to act if an initial or predecessor agent resigns, dies, becomes incapacitated, is not qualified to serve, or declines to serve.  A principal may grant authority to another person, designated by name, by office, or by function, including an initial or successor agent, to designate one or more successor agents.  Unless a power of attorney otherwise provides, a successor agent has the same authority as that granted to an initial agent.
(b)  An agent is not liable for the actions of another agent, including a predecessor agent, unless the agent participates in or conceals a breach of fiduciary duty committed by the other agent.  An agent who has knowledge of a breach or imminent breach of fiduciary duty by another agent must notify the principal and, if the principal is incapacitated, take whatever actions may be reasonably appropriate in the circumstances to safeguard the principal's best interest.
(c)  Any person who acts in good faith reliance on the representation of a successor agent regarding the unavailability of a predecessor agent will be fully protected and released to the same extent as though the reliant had dealt directly with the predecessor agent.  Upon request, the successor agent shall furnish an affidavit or Successor Agent's Certification and Acceptance of Authority to the reliant, but good faith reliance on a document purporting to establish an agency will protect the reliant without the affidavit or Successor Agent's Certification and Acceptance of Authority.  A Successor Agent's Certification and Acceptance of Authority shall be in substantially the following form:
SUCCESSOR AGENT'S
CERTIFICATION AND ACCEPTANCE OF AUTHORITY
I certify that the attached is a true copy of a power of attorney naming the undersigned as agent or successor agent for .......... (insert name of principal).
I certify that to the best of my knowledge the principal had the capacity to execute the power of attorney, is alive, and has not revoked the power of attorney; that my powers as agent have not been altered or terminated; and that the power of attorney remains in full force and effect.
I certify that to the best of my knowledge .......... (insert name of unavailable agent) is unavailable due to ................. (specify death, resignation, absence, illness, or other temporary incapacity).
I accept appointment as agent under this power of attorney.
This certification and acceptance is made under penalty of perjury.*
Dated: ................................... (Agent's Signature) ....................... (Print Agent's Name) ....................... (Agent's Address)
*(NOTE: Perjury is defined in Section 32-2 of the Criminal Code of 2012, and  is a Class 3 felony.)
(Source: P.A. 96-1195, eff. 7-1-11; 97-1150, eff. 1-25-13.)
(755 ILCS 45/2-10.5)
Sec. 2-10.5. Co-agents.
(a) Co-agents may not be named by a principal in a statutory short form power of attorney for property under Article III or a statutory short form power of attorney for health care under Article IV.  In the event that co-agents are named in any other form of power of attorney, then the provisions of this Section shall govern the use and acceptance of co-agency designations.
(b) Unless the power of attorney or this Section otherwise provides, authority granted to 2 or more co-agents is exercisable only by their majority consent.  However, if prompt action is required to accomplish the purposes of the power of attorney or to avoid irreparable injury to the principal's interests and an agent is unavailable because of absence, illness, or other temporary incapacity, the other agent or agents may act for the principal.  If a vacancy occurs in one or more of the designations of agent under a power of attorney, the remaining agent or agents may act for the principal.
(c)  An agent is not liable for the actions of another agent, including a co-agent or predecessor agent, unless the agent participates in or conceals a breach of fiduciary duty committed by the other agent.  An agent who has knowledge of a breach or imminent breach of fiduciary duty by another agent must notify the principal and, if the principal is incapacitated, take whatever actions may be reasonably appropriate in the circumstances to safeguard the principal's best interest.
(d)  Any person who acts in good faith reliance on the representation of a co-agent regarding the unavailability of a predecessor agent or one or more co-agents, or the need for prompt action to accomplish the purposes of the power of attorney or to avoid irreparable injury to the principal's interests, will be fully protected and released to the same extent as though the reliant had dealt directly with all named agents.  Upon request, the co-agent shall furnish an affidavit or Co-Agent's Certification and Acceptance of Authority to the reliant, but good faith reliance on a document purporting to establish an agency will protect the reliant without the affidavit or Co-Agent's Certification and Acceptance of Authority.  A Co-Agent's Certification and Acceptance of Authority shall be in substantially the following form:
CO-AGENT'S
CERTIFICATION AND ACCEPTANCE OF AUTHORITY
I certify that the attached is a true copy of a power of attorney naming the undersigned as agent or co-agent for .......... (insert name of principal).
I certify that to the best of my knowledge the principal had the capacity to execute the power of attorney, is alive, and has not revoked the power of attorney; that my powers as agent have not been altered or terminated; and that the power of attorney remains in full force and effect.
I certify that to the best of my knowledge .......... (insert name of unavailable agent) is unavailable due to ................. (specify death, resignation, absence, illness, or other temporary incapacity).
I certify that prompt action is required to accomplish the purposes of the power of attorney or to avoid irreparable injury to the principal's interests.
I accept appointment as agent under this power of attorney.
This certification and acceptance is made under penalty of perjury.*
Dated: ................................... (Agent's Signature) ....................... (Print Agent's Name) ....................... (Agent's Address)
*(NOTE: Perjury is defined in Section 32-2 of the Criminal Code of 2012, and  is a Class 3 felony.)
(Source: P.A. 96-1195, eff. 7-1-11; 97-1150, eff. 1-25-13.)
(755 ILCS 45/2-10.6)
Sec. 2-10.6. Power of attorney executed in another state or country; pre-existing powers of attorney.
(a) A power of attorney executed in another state or country is valid and enforceable in this State if its creation complied when executed with:
(1) the law of the state or country in which the     power of attorney was executed;
(2) the law of this State;
(3) the law of the state or country where the     principal is domiciled, has a place of abode or business, or is a national; or
(4) the law of the state or country where the agent     is domiciled or has a place of business.
(b) A power of attorney executed in this State before the effective date of this amendatory  Act of the 96th General Assembly is valid and enforceable in this State if its creation complied with the law of this State as it existed at the time of execution.
(Source: P.A. 96-1195, eff. 7-1-11.)
(755 ILCS 45/2-11) (from Ch. 110 1/2, par. 802-11)
Sec. 2-11. Saving clause. This Act does not in any way
invalidate any agency executed or any act of any agent done, or
affect any claim, right or remedy that accrued, prior to
September 22, 1987.
This amendatory Act of the 96th General Assembly does not in any way invalidate any agency executed or  any act of any agent done, or affect any claim, right, or remedy that accrued prior to the effective date of this amendatory Act of the 96th General Assembly.
(Source: P.A. 96-1195, eff. 7-1-11.)