2023 House Bill 4645 / Public Act 188

Senate Fiscal Agency Analysis

House Bill 4644 would enact the "Uniform Power of Attorney Act" (UPOAA) to do the following: -- Establish a durable power of attorney process in the State that generally provides for the authorities, powers, and duties of an agent and principal under a power of attorney and the execution and termination of a power of attorney. -- Specify the scope of the Act, applying to most powers of attorneys in the State. -- Entitle an agent to reimbursement of expenses incurred and compensation for services rendered on behalf of a principal unless prohibited in a power of attorney. -- Allow specified individuals associated with a principal, such as a principal's caregiver or heir, to petition a court to review an agent's conduct under a power of attorney. -- Prescribe restitution requirements if an agent violated a power of attorney. -- Provide a model form in statute that could be used to create a power of attorney that had the meaning and effect prescribed by the Act. -- Specify that the Act would apply to a power of attorney created before, on, or after the Act's effective date, except in certain circumstances. -- Repeal Sections 5501 to 5505 of Estates and Protected Individuals Code (EPIC), which generally govern durable powers of attorney in the State. House Bill 4645 would amend Section 20101b of the Natural Resources and Environmental Protection Act to replace references to Sections 5501 through 5505 of EPIC with references to the Uniform Power of Attorney Act. House Bill 4646 would amend the Public Health Code to replace references to Sections 5501 through 5505 of EPIC with references to the Uniform Power of Attorney Act.