Illinois Senate Bill SB1475

Illinois 2023-2024 Regular Session

• Introduced: 2/7/23
• Refer: 2/7/23
• Refer: 2/14/23
• Report Pass: 3/8/23
• Refer: 3/31/23

Caption

POWER OF ATTY-REFUSAL REASON

Impact

The impact of SB1475 is significant in ensuring that principal's wishes regarding their property and health care are respected even after their death. By setting conditions under which a statutory short form power of attorney cannot be refused, the bill seeks to protect individuals and their families from arbitrary denials, enhancing legal protections for those who depend on such documents. Furthermore, it includes provisions for accountability by allowing courts to award damages to individuals facing noncompliance.

Summary

SB1475 amends the Illinois Power of Attorney Act to update the definitions and forms used for power of attorney documents, specifically focusing on agents and their responsibilities. The bill changes the definition of 'person,' clarifies the forms needed for certification and acceptance of authority, and introduces a new statutory power of attorney form specifically for health care decisions after the death of the principal. Additionally, it makes provisions for how powers of attorney must be honored, specifying that no entity may refuse to honor a valid power of attorney without reasonable cause.

Contention

Notable points of contention may arise regarding what constitutes 'reasonable cause' for refusing to honor a power of attorney. Concerns could be raised about the potential for abuse or misunderstandings regarding the authority of agents, particularly in complex family situations or where the principal's wishes are not clearly documented. The amendment to the Consumer Fraud and Deceptive Business Practices Act to include violations of the Illinois Power of Attorney Act as unlawful practices further emphasizes the need for clarity and fairness in the implementation of these powers.