Illinois Compiled Statutes
755 ILCS 45/2-5 (2026)
Duration of agency - amendment and revocation
✓ current as of May 2026
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(755 ILCS 45/2-5)
(from Ch. 110 1/2, par. 802-5)
Sec. 2-5. Duration of agency - amendment and revocation. Unless the
agency states an earlier termination date, the agency continues until the
death of the principal, notwithstanding any lapse of time, the principal's
disability or incapacity or appointment of a guardian for the principal
after the agency is signed. Every agency may be amended or revoked by the
principal, if the principal has the capacity to do so, at any time and in any manner communicated to the agent or to any
other person related to the subject matter of the agency, except that
revocation and amendment of health care agencies are governed by Section 4-6
of this Act except to the extent the terms of the agencies are inconsistent
with that Section. The execution of a power of attorney does not revoke a power of attorney previously executed by the principal unless the subsequent power of attorney provides that the previous power of attorney is revoked or that all other powers of attorney are revoked.
(Source: P.A. 96-1195, eff. 7-1-11.)
Notes of Decisions
Cited in 8
cases (1 in the last 5 years), 1996–2023 · 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). “Petitioners argue that section 2-5 of the Illinois Power of Attorney Act (Power of Attorney Act) (755 ILCS 45/2-5 (West 2004)) does not require a person to be competent to revoke a power of attorney.”
In Re Guardianship of Mabry, 666 N.E.2d 16 (Ill. App. Ct. 1996). “755 ILCS 45/2-5 (West 1994). A guardian of the person or of the estate has no power over property subject to the agency absent a court order expressly directing it to exercise powers of the principal under the agency.”
In re Est. of Beetler, 2017 IL App (3d) 160248 (Ill. App. Ct. 2017). “” 755 ILCS 45/2-5 (West 2016). Next, section 2-6(a) of the Power of Attorney Act states: “All acts of the agent within the scope of the agency during any period of disability, incapacity or incompetency of the principal have the same effect and inure to the benefit of and bind…”
In re Est. of Beetler, 2017 IL App (3d) 160248 (Ill. App. Ct. 2017). “” 755 ILCS 45/2-5 (West 2016). Next, section 2-6(a) of the Power of Attorney Act states: “All acts of the agent within the scope of the agency during any period of disability, incapacity or incompetency of the principal have the same effect and inure to the benefit of and bind…”
In re Guardianship of Lillian Burdge, 2018 IL App (5th) 170317 (Ill. App. Ct. 2018). “See 755 ILCS 45/2-5 (West 2016) (power of attorney agency continues notwithstanding appointment of guardian for principal after agency is signed).”
Bertrand v. Gundogdu, 2023 IL App (1st) 220203-U (Ill. App. Ct. 2023). “” 755 ILCS 45/2-5 (West 2020); In re Guardianship of Mabry, 281 Ill.”
In re Est. of Doyle (Ill. App. Ct. 2005). “Petitioners argue that section 2-5 of the Illinois Power of Attorney Act (Power of Attorney Act) (755 ILCS 45/2-5 (West 2004)) does not require a person to be competent to revoke a power of attorney.”
Ferguson v. Bill Berger Assocs., Inc. (Ill. App. Ct. 1998). “2d 34 (1996) and 755 ILCS 45/2-5 (West 1996) with Ferrentino v.”
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