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Illinois Compiled Statutes

755 ILCS 45/2-3 (2026)

Definitions

✓ current as of May 2026
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(755 ILCS 45/2-3) (from Ch. 110 1/2, par. 802-3)
    Sec. 2-3. Definitions. As used in this Act:
    (a) "Agency" means the written power of attorney or other instrument of agency governing the relationship between the principal and agent or the relationship, itself, as appropriate to the context, and includes agencies dealing with personal or health care as well as property. An agency is subject to this Act to the extent it may be controlled by the principal, excluding agencies and powers for the benefit of the agent.
    (b) "Agent" means the attorney-in-fact or other person designated to act for the principal in the agency.
    (c) "Person with a disability" has the same meaning as in the "Probate Act of 1975", as now or hereafter amended. To be under a "disability" means to be a person with a disability.
    (c-5) "Incapacitated", when used to describe a principal, means that the principal is under a legal disability as defined in Section 11a-2 of the Probate Act of 1975. A principal shall also be considered incapacitated if: (i) a physician licensed to practice medicine in all of its branches has examined the principal and has determined that the principal lacks decision making capacity; (ii) that physician has made a written record of this determination and has signed the written record within 90 days after the examination; and (iii) the written record has been delivered to the agent. The agent may rely conclusively on the written record.
    (d) "Person" means an individual, corporation, trust, partnership or other entity, as appropriate to the agency.
    (e) "Principal" means an individual (including, without limitation, an individual acting as trustee, representative or other fiduciary) who signs a power of attorney or other instrument of agency granting powers to an agent.
(Source: P.A. 99-143, eff. 7-27-15.)

    
Notes of Decisions
Cited in 8 cases, 2000–2018 · leading case: Alford v. Shelton (In Re Est. of Shelton), 2017 IL 121199 (Ill. 2017).
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Alford v. Shelton (In Re Est. of Shelton), 2017 IL 121199 (Ill. 2017). · cites it 3× “" 755 ILCS 45/2-3(a) (West 2010). 3 Section 2-10.”
In re Est. of Shelton, 2017 IL 121199 (Ill. 2018). · cites it 3× “” 755 ILCS 45/2-3(a) (West 2010). -9- legislative intent to abrogate the common law must be clearly and plainly expressed, and such an intent will not be presumed from ambiguous or doubtful language”); Heider v.”
Fiala v. Bickford Senior Living Grp., LLC, 2015 IL App (2d) 141160 (Ill. App. Ct. 2015). · cites it 2× “rom private to public funds, or from public to private funds, a written contract shall be executed between a licensee and the following in order of priority: (1) the person, or if the person is a minor, his parent or guardian; or - 19 - 2015 IL App (2d) 141160 (2) the person’s…”
In re Est. of Shelton, 2016 IL App (3d) 140163 (Ill. App. Ct. 2016). · cites it 3× “” 755 ILCS 45/2-3 (West 2010).4 By contrast, section 2-10.”
In re Est. of Shelton, 2017 IL 121199 (Ill. 2017). · cites it 3× “” 755 ILCS 45/2-3(a) (West 2010). - 12 - liable for Thomas’s breach of fiduciary duty pursuant to section 2-10.”
Fiala v. Bickford Senior Living Grp., LLC, 2015 IL App (2d) 141160 (Ill. App. Ct. 2015). · cites it 2× “r the resident’s care changes from private to public funds, or from public to private funds, a written contract shall be executed between a licensee and the following in order of priority: (1) the person, or if the person is a minor, his parent or guardian; or (2) the person’s…”
In re Est. of Shelton, 2016 IL App (3d) 140163 (Ill. App. Ct. 2016). · cites it 2× “" 755 ILCS 45/2-3 (West 2010). 4 By contrast, section 2-10.”
Fort Dearborn Life Ins. Co. v. Holcomb (Ill. App. Ct. 2000). “The definitions in section 2-3 of the Durable Power of Attorney Law (755 ILCS 45/2-3 (West 1998)) only define the term "disability" as used by the legislature in the Illinois Power of Attorney Act.”
— 755 ILCS 45/2-3(a) — 3 cases
Alford v. Shelton (In Re Est. of Shelton), 2017 IL 121199 (Ill. 2017). “" 755 ILCS 45/2-3(a) (West 2010). 3 Section 2-10.”
In re Est. of Shelton, 2017 IL 121199 (Ill. 2018). “” 755 ILCS 45/2-3(a) (West 2010). -9- legislative intent to abrogate the common law must be clearly and plainly expressed, and such an intent will not be presumed from ambiguous or doubtful language”); Heider v.”
In re Est. of Shelton, 2017 IL 121199 (Ill. 2017). “” 755 ILCS 45/2-3(a) (West 2010). - 12 - liable for Thomas’s breach of fiduciary duty pursuant to section 2-10.”
— 755 ILCS 45/2-3(b) — 4 cases
Alford v. Shelton (In Re Est. of Shelton), 2017 IL 121199 (Ill. 2017). “" 755 ILCS 45/2-3(a) (West 2010). 3 Section 2-10.”
In re Est. of Shelton, 2017 IL 121199 (Ill. 2018). “” 755 ILCS 45/2-3(a) (West 2010). -9- legislative intent to abrogate the common law must be clearly and plainly expressed, and such an intent will not be presumed from ambiguous or doubtful language”); Heider v.”
In re Est. of Shelton, 2017 IL 121199 (Ill. 2017). “” 755 ILCS 45/2-3(a) (West 2010). - 12 - liable for Thomas’s breach of fiduciary duty pursuant to section 2-10.”
In re Est. of Shelton, 2016 IL App (3d) 140163 (Ill. App. Ct. 2016). “” 755 ILCS 45/2-3 (West 2010).4 By contrast, section 2-10.”
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