summary
Introduced
02/05/2026
02/05/2026
In Committee
02/17/2026
02/17/2026
Crossed Over
Passed
Dead
Introduced Session
104th General Assembly
Bill Summary
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.
AI Summary
This bill amends the Illinois Power of Attorney Act to clarify what happens to a power of attorney when a court appoints a guardian, specifically the Office of State Guardian or a public guardian. A power of attorney, which is a legal document allowing someone to appoint another person (an agent) to make decisions on their behalf, will now be automatically suspended when such a guardian is appointed. The court can only revoke the power of attorney after the guardian is appointed if the named agent or their successor received proper notice of the guardianship petition and failed to act as the agent before the guardian was appointed. If an agent or potential agent did not receive notice or was unaware they were named, they can ask the court to lift the suspension and reinstate their authority if it's proven to be in the principal's best interest, with specific notice requirements for this petition. Additionally, the bill modifies the Probate Act of 1975 to require that petitions for guardianship include the names and addresses of any agents appointed under a power of attorney, or state that diligent efforts were made to find this information.
Committee Categories
Justice
Sponsors (1)
Last Action
Senate Judiciary Committee Hearing (15:30:00 2/25/2026 Room 400) (on 02/25/2026)
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