ILCS » Chapter 755 · Act 45
Illinois Compiled Statutes

755 ILCS 45/2-10 (2026)

Agency-court relationship

✓ current as of May 2026
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(755 ILCS 45/2-10) (from Ch. 110 1/2, par. 802-10)
    Sec. 2-10. Agency-court relationship.
    (a) Upon petition by any interested person, notice to the agent, principal, and interested persons as the court directs and a finding by the court that the principal lacks either the capacity to control or the capacity to revoke the agency, the court may construe a power of attorney, review the agent's conduct, and grant appropriate relief including compensatory damages.
    (b) If the court finds that the agent is not acting for the benefit of the principal in accordance with the terms of the agency or that the agent's action or inaction, including restricting or not allowing an interested person to have reasonable visitation with the principal, has caused or threatens substantial harm to the principal's person or property in a manner not authorized or intended by the principal, the court may order a guardian of the principal's person or estate to exercise any powers of the principal under the agency, including the power to revoke the agency, or may enter such other orders without appointment of a guardian as the court deems necessary to provide for the best interests of the principal.
    (c) If the court finds that the agency requires interpretation, the court may construe the agency and instruct the agent, but the court may not amend the agency.
    (d) If the court finds that the agent has not acted for the benefit of the principal in accordance with the terms of the agency and the Illinois Power of Attorney Act, or that the agent's action caused or threatened substantial harm to the principal's person or property in a manner not authorized or intended by the principal, then the agent shall not be authorized to pay or be reimbursed from the estate of the principal the attorneys' fees and costs of the agent in defending a proceeding brought pursuant to this Section.
    (e) Upon a finding that the agent's action has caused substantial harm to the principal's person or property, the court may assess against the agent reasonable costs and attorney's fees to a prevailing party who is a provider agency as defined in Section 2 of the Adult Protective Services Act, a representative of the Office of the State Long Term Care Ombudsman, the State Guardian, a public guardian, or a governmental agency having regulatory authority to protect the welfare of the principal.
    (f) As used in this Section, the term "interested person" includes (1) the principal or the agent; (2) a guardian of the person, guardian of the estate, or other fiduciary charged with management of the principal's property; (3) the principal's spouse, parent, or descendant; (4) a person who would be a presumptive heir-at-law of the principal; (5) a person named as a beneficiary to receive any property, benefit, or contractual right upon the principal's death, or as a beneficiary of a trust created by or for the principal; (6) a provider agency as defined in Section 2 of the Adult Protective Services Act, a representative of the Office of the State Long Term Care Ombudsman, the State Guardian, a public guardian, or a governmental agency having regulatory authority to protect the welfare of the principal; and (7) the principal's caregiver or another person who demonstrates sufficient interest in the principal's welfare.
    (g) Absent court order directing a guardian to exercise powers of the principal under the agency, a guardian will have no power, duty or liability with respect to any property subject to the agency or any personal or health care matters covered by the agency. If an agent seeks guardianship of the principal pursuant to the Probate Act of 1975, the petition for guardianship must delineate the specific powers to be granted to the guardian that are not already included in the power of attorney. The petition for temporary, limited, or plenary guardianship of the principal under the Probate Act of 1975 may include a prayer for relief to suspend a power of attorney or to revoke a power of attorney in accordance with subsection (b).
    (h) Proceedings under this Section shall be commenced in the county where the guardian was appointed or, if no Illinois guardian is acting, then in the county where the agent or principal resides or where the principal owns real property.
    (i) This Section shall not be construed to limit any other remedies available.
(Source: P.A. 102-72, eff. 1-1-22; 103-55, eff. 1-1-24.)

    
Notes of Decisions
Cited in 17 cases (3 in the last 5 years), 1996–2024 · leading case: In Re Est. of Doyle, 838 N.E.2d 355 (Ill. App. Ct. 2005).
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In Re Est. of Doyle, 838 N.E.2d 355 (Ill. App. Ct. 2005). · cites it 10× “We need not decide whether an incompetent individual can revoke a power of attorney in this case, because we find the trial court implicitly revoked respondent's power of attorney pursuant to section 2-10 of the Power of Attorney Act (755 ILCS 45/2-10 (West 2004)). According to…”
In Re Est. of Wilson, 939 N.E.2d 426 (Ill. 2010). · cites it 2× “She also made a formal motion to revoke Bailey's powers of attorney pursuant to section 2-10 of the Durable Power of Attorney Law (755 ILCS 45/2-10 (West 2006)). [9] In addition, Williams asked that *440 Mrs.”
In re Guardianship of Lillian Burdge, 2018 IL App (5th) 170317 (Ill. App. Ct. 2018). · cites it 8× “2d 248 (1997), to argue that because the circuit court failed to make findings pursuant to section 2-10 of the Power of Attorney Act ( 755 ILCS 45/2-10 (West 2016) ), the circuit court lacked subject-matter jurisdiction to enter its order for guardianship.”
Spring Valley Nursing Ctr. v. Allen, 2012 IL App (3d) 110915 (Ill. App. Ct. 2012). “Nor do we take any position on whether Spring Valley had standing as an interested party to challenge McFadden’s actions under the power of attorney (see 755 ILCS 45/2-10(a) (West 2010)) or whether the trial court was required to find that Allen lacked the capacity to control or…”
In Re Guardianship of Mabry, 666 N.E.2d 16 (Ill. App. Ct. 1996). “755 ILCS 45/2-10 (West 1994). Thus, if the instrument granted the Robertses the power to sell or transfer real estate and survived the declaration of incompetence, the bank would not have had the power to transfer the home and the settlement would have to be set aside.”
In re Guardianship of Burdge, 2018 IL App (5th) 170317 (Ill. App. Ct. 2019). · cites it 7× “The appellate court concluded that because the trial court had failed to make findings pursuant to section 2-10 of the Power of Attorney Act (755 ILCS 45/2-10 (West 1996)), the trial court had no authority to authorize the petitioner to consent to electroconvulsive therapy…”
In re Est. of Beetler, 2017 IL App (3d) 160248 (Ill. App. Ct. 2017). · cites it 3× “To date, no person has filed a petition in the circuit court pursuant to section 2-10 of the Power of Attorney Act -5- (755 ILCS 45/2-10 (West 2016)) seeking to set aside or requesting a judicial determination that David’s agency should be terminated.”
In Re Est. of Wilson, 905 N.E.2d 957 (Ill. App. Ct. 2009). “1, 11a-18(e) (West 2004)) and the Power of Attorney Act (755 ILCS 45/2-10 (West 2004)). She indicated she would present the motion to the judge the following morning.”
In re Est. of Beetler, 2017 IL App (3d) 160248 (Ill. App. Ct. 2017). · cites it 2× “To date, no person has filed a petition in the circuit court pursuant to section 2-10 of the Power of Attorney Act (755 ILCS 45/2-10) (West 2016)), seeking to set aside or requesting a judicial determination that David’s agency should be terminated.”
In re Est. of Doyle (Ill. App. Ct. 2005). · cites it 10× “We need not decide whether an incompetent individual can revoke a power of attorney in this case, because we find the trial court implicitly revoked respondent's power of attorney pursuant to section 2-10 of the Power of Attorney Act (755 ILCS 45/2-10 (West 2004)). According to…”
In re Est. of Harper, 2022 IL App (1st) 170267-U (Ill. App. Ct. 2022). · cites it 3× “We note that, as of that time, there were three operative pleadings in the case: (1) Growe’s second amended petition for relief under section 2-10(a) of the Illinois Power of Attorney Act (755 ILCS 45/2-10(a) (West 2012)), which sought a finding that Harper lacked capacity to…”
Eames v. Yahiro, 2020 IL App (2d) 190926-U (Ill. App. Ct. 2020). · cites it 2× “755 ILCS 45/2-10(a) (West 2018). Colleen sought an injunction, preventing Diane from hindering Colleen’s communication with, and access to, Patricia; a finding that Diane breached her fiduciary duties as Patricia’s agent; and Diane’s removal as such.”
Show all 17 citing cases →
— 755 ILCS 45/2-10(a) — 6 cases
Spring Valley Nursing Ctr. v. Allen, 2012 IL App (3d) 110915 (Ill. App. Ct. 2012). “Nor do we take any position on whether Spring Valley had standing as an interested party to challenge McFadden’s actions under the power of attorney (see 755 ILCS 45/2-10(a) (West 2010)) or whether the trial court was required to find that Allen lacked the capacity to control or…”
In re Guardianship of Lillian Burdge, 2018 IL App (5th) 170317 (Ill. App. Ct. 2018). “2d 248 (1997), to argue that because the circuit court failed to make findings pursuant to section 2-10 of the Power of Attorney Act ( 755 ILCS 45/2-10 (West 2016) ), the circuit court lacked subject-matter jurisdiction to enter its order for guardianship.”
In re Guardianship of Burdge, 2018 IL App (5th) 170317 (Ill. App. Ct. 2019). “The appellate court concluded that because the trial court had failed to make findings pursuant to section 2-10 of the Power of Attorney Act (755 ILCS 45/2-10 (West 1996)), the trial court had no authority to authorize the petitioner to consent to electroconvulsive therapy…”
In re Est. of Harper, 2022 IL App (1st) 170267-U (Ill. App. Ct. 2022). “We note that, as of that time, there were three operative pleadings in the case: (1) Growe’s second amended petition for relief under section 2-10(a) of the Illinois Power of Attorney Act (755 ILCS 45/2-10(a) (West 2012)), which sought a finding that Harper lacked capacity to…”
Eames v. Yahiro, 2020 IL App (2d) 190926-U (Ill. App. Ct. 2020). “755 ILCS 45/2-10(a) (West 2018). Colleen sought an injunction, preventing Diane from hindering Colleen’s communication with, and access to, Patricia; a finding that Diane breached her fiduciary duties as Patricia’s agent; and Diane’s removal as such.”
— 755 ILCS 45/2-10(f)(4) — 1 case
In re Est. of Piton, 2024 IL App (3d) 240051 (Ill. App. Ct. 2024).
— 755 ILCS 45/2-10(g) — 4 cases
In re Est. of Beetler, 2017 IL App (3d) 160248 (Ill. App. Ct. 2017). “To date, no person has filed a petition in the circuit court pursuant to section 2-10 of the Power of Attorney Act -5- (755 ILCS 45/2-10 (West 2016)) seeking to set aside or requesting a judicial determination that David’s agency should be terminated.”
In re Guardianship of Lillian Burdge, 2018 IL App (5th) 170317 (Ill. App. Ct. 2018). “2d 248 (1997), to argue that because the circuit court failed to make findings pursuant to section 2-10 of the Power of Attorney Act ( 755 ILCS 45/2-10 (West 2016) ), the circuit court lacked subject-matter jurisdiction to enter its order for guardianship.”
In re Guardianship of Burdge, 2018 IL App (5th) 170317 (Ill. App. Ct. 2019). “The appellate court concluded that because the trial court had failed to make findings pursuant to section 2-10 of the Power of Attorney Act (755 ILCS 45/2-10 (West 1996)), the trial court had no authority to authorize the petitioner to consent to electroconvulsive therapy…”
In re Est. of Harper, 2022 IL App (1st) 170267-U (Ill. App. Ct. 2022). “We note that, as of that time, there were three operative pleadings in the case: (1) Growe’s second amended petition for relief under section 2-10(a) of the Illinois Power of Attorney Act (755 ILCS 45/2-10(a) (West 2012)), which sought a finding that Harper lacked capacity to…”
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