Illinois Compiled Statutes
755 ILCS 45/2-1 (2026)
Purpose
✓ current as of May 2026
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(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.)
Notes of Decisions
Cited in 13
cases (3 in the last 5 years), 1997–2023 · leading case: In Re Est. of Doyle, 838 N.E.2d 355 (Ill. App. Ct. 2005).
In Re Est. of Doyle, 838 N.E.2d 355 (Ill. App. Ct. 2005). “Article II of the Power of Attorney Act, the Durable Power of Attorney Law (755 ILCS 45/2-1 through 2-11 (West 2004)) was enacted to change that rule.”
In re Craig H., 2022 IL 126256 (Ill. 2022). “” 755 ILCS 45/2-1 (West 2018). An agent’s decision under a valid, unrevoked power of attorney for health care is considered the principal’s competent decision, and a court may not interfere with the agent’s decision unless the power of attorney is first revoked or limited.”
White v. Sunrise Healthcare Corp., 692 N.E.2d 1363 (Ill. App. Ct. 1998). “On April 4,1996, Paul White (plaintiff), as Jeanette White's attorney-in-fact (see 755 ILCS 45/2-1 (West 1996)), sued on her behalf.”
Est. of Nicholls v. Nicholls, 960 N.E.2d 78 (Ill. App. Ct. 2011). “(West 2004)) is composed of three articles: article II, the Durable Power of Attorney Law (755 ILCS 45/2-1 et seq. (West 2004)), article III, the Statutory Short Form Power of Attorney for Property Law (Short Form Law) (755 ILCS 45/3-1 et seq.”
In re Est. of Beetler, 2017 IL App (3d) 160248 (Ill. App. Ct. 2017). “” 755 ILCS 45/2-1 (West 2016). The Power of Attorney Act establishes that the principal may empower another person to act as their agent “throughout the principal’s lifetime, including during periods of disability” and the principal must “have confidence that third parties will…”
In re Est. of Beetler, 2017 IL App (3d) 160248 (Ill. App. Ct. 2017). “” 755 ILCS 45/2-1 (West 2016). The Power of Attorney Act establishes that the 9 principal may empower another person to act as their agent “throughout the principal’s lifetime, including during periods of disability” and the principal must “have confidence that third parties…”
Wians v. Wians (In re Wians), 523 B.R. 124 (Bankr. N.D. Ill. 2014). “See 755 ILCS 45/2-1 (2012). 3 The state court judge also made specific findings that the “[defendant was the dominant party in the fiduciary relationship,” that “Clara Wians was unable to exercise her own.”
Bertrand v. Gundogdu, 2023 IL App (1st) 220203-U (Ill. App. Ct. 2023). “” But the Illinois Durable Power of Attorney Law (755 ILCS 45/2-1 et seq. (West 2020)) does not provide that an appointed agent, who is an “attorney-in-fact,” may represent the principal as an attorney at law if the agent is not licensed to practice law.”
In re Est. of Doyle (Ill. App. Ct. 2005). “Article II of the Power of Attorney Act, the Durable Power of Attorney Law (755 ILCS 45/2-1 through 2-11 (West 2004)) was enacted to change that rule.”
Door Props., LLC v. Baker Hartley P.C., 2023 IL App (1st) 220875-U (Ill. App. Ct. 2023). “”); 755 ILCS 45/2-1 (West 2020) (stating purpose for durable powers of attorney).”
In re Hatsuye (Ill. App. Ct. 1997). “755 ILCS 45/2-1 (West 1996). Specifically, pursuant to section 4-3 of the Powers of Attorney for Health Care Law, an individual may delegate to her agent "all powers an individual may have to be informed about and to consent to or refuse or withdraw any type of health care for…”
Ferguson v. Bill Berger Assocs., Inc. (Ill. App. Ct. 1998). “The plaintiff sought a declaration that, pursuant to the common law and to the Durable Power of Attorney Law (755 ILCS 45/2-1 et seq . (West 1996)), any authority of the defendant to represent the Dreikurs' copyright interests, pursuant to any agency agreement or power of…”
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