IL SB1280

Agents must act in good faith for the principal's benefit with due care, competence, and diligence, and are liable for negligent exercise of powers granted under a power of attorney.

Agents with conflicting interests or who also benefit personally from their actions are not liable solely based on those conflicts if they act with due care for the principal's benefit.

Agents must keep records of all receipts, disbursements, and significant actions, and must provide copies upon request to the principal, guardians, elder abuse investigators, the Long Term Care Ombudsman, the Inspector General, and public guardians investigating potential guardianship.

If an agent fails to provide records within 21 days of request, elder abuse agencies, the State Guardian, public guardians, or the Ombudsman may petition the court for an order requiring production, with potential assessment of costs and attorney's fees against the agent.

Courts may review an agent's conduct, construe powers of attorney, order appointment of a guardian if the agent is not acting for the principal's benefit, and assess costs and attorney's fees against agents who cause substantial harm to the principal.