ILCS » Chapter 755 · Act 45
Illinois Compiled Statutes

755 ILCS 45/2-7 (2026)

Duty - standard of care - record-keeping - exoneration

✓ current as of May 2026
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(755 ILCS 45/2-7) (from Ch. 110 1/2, par. 802-7)
    Sec. 2-7. Duty - standard of care - record-keeping - exoneration.
    (a) The agent shall be under no duty to exercise the powers granted by the agency or to assume control of or responsibility for any of the principal's property, care or affairs, regardless of the principal's physical or mental condition. Whenever a power is exercised, the agent shall act in good faith for the benefit of the principal using due care, competence, and diligence in accordance with the terms of the agency and shall be liable for negligent exercise. An agent who acts with due care for the benefit of the principal shall not be liable or limited merely because the agent also benefits from the act, has individual or conflicting interests in relation to the property, care or affairs of the principal or acts in a different manner with respect to the agency and the agent's individual interests. The agent shall not be affected by any amendment or termination of the agency until the agent has actual knowledge thereof. The agent shall not be liable for any loss due to error of judgment nor for the act or default of any other person.
    (b) An agent that has accepted appointment must act in accordance with the principal's expectations to the extent actually known to the agent and otherwise in the principal's best interests.
    (c) An agent shall keep a record of all receipts, disbursements, and significant actions taken under the authority of the agency and shall provide a copy of this record when requested to do so by:
        (1) the principal, a guardian, another fiduciary
    
acting on behalf of the principal, and, after the death of the principal, the personal representative or successors in interest of the principal's estate;
        (2) a representative of a provider agency, as defined
    
in Section 2 of the Adult Protective Services Act, acting in the course of an assessment of a complaint of elder abuse or neglect under that Act;
        (3) a representative of the Office of the State Long
    
Term Care Ombudsman, acting in the course of an investigation of a complaint of financial exploitation of a nursing home resident under Section 4.04 of the Illinois Act on the Aging;
        (4) a representative of the Office of Inspector
    
General for the Department of Human Services, acting in the course of an assessment of a complaint of financial exploitation of an adult with disabilities pursuant to Section 35 of the Abuse of Adults with Disabilities Intervention Act;
        (5) a court under Section 2-10 of this Act; or
        (6) a representative of the Office of State Guardian
    
or public guardian for the county in which the principal resides acting in the course of investigating whether to file a petition for guardianship of the principal under Section 11a-4 or 11a-8 of the Probate Act of 1975.
    (d) If the agent fails to provide his or her record of all receipts, disbursements, and significant actions within 21 days after a request under subsection (c), the adult abuse provider agency, the State Guardian, the public guardian, or a representative of the Office of the State Long Term Care Ombudsman may petition the court for an order requiring the agent to produce his or her record of receipts, disbursements, and significant actions. If the court finds that the agent's failure to provide his or her record in a timely manner to the adult abuse provider agency, the State Guardian, the public guardian, or a representative of the Office of the State Long Term Care Ombudsman was without good cause, the court may assess reasonable costs and attorney's fees against the agent, and order such other relief as is appropriate.
    (e) An agent is not required to disclose receipts, disbursements, or other significant actions conducted on behalf of the principal except as otherwise provided in the power of attorney or as required under subsection (c).
    (f) An agent that violates this Act is liable to the principal or the principal's successors in interest for the amount required (i) to restore the value of the principal's property to what it would have been had the violation not occurred, and (ii) to reimburse the principal or the principal's successors in interest for the attorney's fees and costs paid on the agent's behalf. This subsection does not limit any other applicable legal or equitable remedies.
(Source: P.A. 100-952, eff. 1-1-19.)

    
Notes of Decisions
Cited in 23 cases (7 in the last 5 years), 2002–2026 · leading case: Spring Valley Nursing Ctr. v. Allen, 2012 IL App (3d) 110915 (Ill. App. Ct. 2012).
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Spring Valley Nursing Ctr. v. Allen, 2012 IL App (3d) 110915 (Ill. App. Ct. 2012). · cites it 3× “en’s payment of the property tax lien using Allen’s funds at a time when Allen no longer had a legal interest in the property was of a direct benefit to McFadden as one of the people holding the remainder interest and also gave rise to a presumption of fraud; (4) McFadden failed…”
Alford v. Shelton (In Re Est. of Shelton), 2017 IL 121199 (Ill. 2017). · cites it 3× “2d 1230 ; see also 755 ILCS 45/2-7(a), (b) (West 2010) (codifying the agent's duty of care owed to the principal for purposes of the Power of Attorney Act).”
In re Est. of Shelton, 2017 IL 121199 (Ill. 2018). · cites it 3× “Allen, 2012 IL App (3d) 110915, ¶ 12 ; see also 755 ILCS 45/2-7(a), (b) (West 2010) (codifying the agent’s duty of care owed to the principal for purposes of the Power of Attorney Act).”
Collins v. Noltensmeier, 2018 IL App (4th) 170443 (Ill. App. Ct. 2018). · cites it 5× “3d 391 ; 755 ILCS 45/2-7(a), (b) (West 2010) (codifying the agent's duty of care owed to the principal for purposes of the Act).”
In re Guardianship of Spinnie, 2016 IL App (5th) 150564 (Ill. App. Ct. 2016). · cites it 2× “See 755 ILCS 45/2-7(a), (b) (West 2014); Spring Valley Nursing Center, L.”
In Re Est. of Parker, 957 N.E.2d 454 (Ill. App. Ct. 2011). “¶ 15 On September 26, 2006, the heirs replied to respondent's response, asserting that under section 2-7 of the Illinois Power of Attorney Act (755 ILCS 45/2-7 (West 2004)), respondent was required to keep a record of all receipts, disbursements and significant actions taken…”
Collins v. Noltensmeier, 2018 IL App (4th) 170443 (Ill. App. Ct. 2018). · cites it 5× “In re Estate of Shelton, 2017 IL 121199, ¶ 22 ; 755 ILCS 45/2-7(a), (b) (West 2010) (codifying the agent’s duty of care owed to the principal for purposes of the Act).”
In re Est. of Gerulis, 2020 IL App (3d) 180734 (Ill. App. Ct. 2021). · cites it 2× “(citing 755 ILCS 45/2-7(a) (West 2010)). However, if the agent fails in that burden, the transaction will be set aside.”
In re Est. of Shelton, 2016 IL App (3d) 140163 (Ill. App. Ct. 2016). · cites it 3× “3(b) does not conflict with section 2-7, which provides that an agent has no duty to “assume control of or responsibility for any of the principal’s property, care or affairs, regardless of the principal’s physical or mental condition.”
In re Est. of Shelton, 2017 IL 121199 (Ill. 2017). · cites it 3× “Allen, 2012 IL App (3d) 110915, ¶ 12 ; see also 755 ILCS 45/2-7(a), (b) (West 2010) (codifying the agent’s duty of care owed to the principal for purposes of the Power of Attorney Act).”
Hoopingarner v. Stenzel, 768 N.E.2d 772 (Ill. App. Ct. 2002). “Because surrendering the annuity appeared to be consistent with Peters' estate plan as it was known to Stenzel, there was no evidence that Stenzel acted in bad faith. The Act further provides that an agent who acts with due care for the benefit of the principal shall not be…”
In re Est. of Rodden, 2015 IL App (1st) 140798 (Ill. App. Ct. 2015). · cites it 2× “755 ILCS 45/2-7(c) (West 2012). The same law also provides that the public guardian may “petition the court for an order” requiring the agent to produce her record of receipts and disbursements.”
Show all 23 citing cases →
— 755 ILCS 45/2-7(a) — 15 cases
Spring Valley Nursing Ctr. v. Allen, 2012 IL App (3d) 110915 (Ill. App. Ct. 2012). “en’s payment of the property tax lien using Allen’s funds at a time when Allen no longer had a legal interest in the property was of a direct benefit to McFadden as one of the people holding the remainder interest and also gave rise to a presumption of fraud; (4) McFadden failed…”
Alford v. Shelton (In Re Est. of Shelton), 2017 IL 121199 (Ill. 2017). “2d 1230 ; see also 755 ILCS 45/2-7(a), (b) (West 2010) (codifying the agent's duty of care owed to the principal for purposes of the Power of Attorney Act).”
In re Est. of Shelton, 2017 IL 121199 (Ill. 2018). “Allen, 2012 IL App (3d) 110915, ¶ 12 ; see also 755 ILCS 45/2-7(a), (b) (West 2010) (codifying the agent’s duty of care owed to the principal for purposes of the Power of Attorney Act).”
In re Guardianship of Spinnie, 2016 IL App (5th) 150564 (Ill. App. Ct. 2016). “See 755 ILCS 45/2-7(a), (b) (West 2014); Spring Valley Nursing Center, L.”
Collins v. Noltensmeier, 2018 IL App (4th) 170443 (Ill. App. Ct. 2018). “3d 391 ; 755 ILCS 45/2-7(a), (b) (West 2010) (codifying the agent's duty of care owed to the principal for purposes of the Act).”
— 755 ILCS 45/2-7(c) — 3 cases
In re Est. of Rodden, 2015 IL App (1st) 140798 (Ill. App. Ct. 2015). “755 ILCS 45/2-7(c) (West 2012). The same law also provides that the public guardian may “petition the court for an order” requiring the agent to produce her record of receipts and disbursements.”
In re Est. of Rodden, 2015 IL App (1st) 140798 (Ill. App. Ct. 2015).
Kitchen v. Volkman, 2023 IL App (3d) 220305-U (Ill. App. Ct. 2023).
— 755 ILCS 45/2-7(d) — 1 case
In re Est. of Rodden, 2015 IL App (1st) 140798 (Ill. App. Ct. 2015).
— 755 ILCS 45/2-7(f) — 6 cases
Collins v. Noltensmeier, 2018 IL App (4th) 170443 (Ill. App. Ct. 2018). “3d 391 ; 755 ILCS 45/2-7(a), (b) (West 2010) (codifying the agent's duty of care owed to the principal for purposes of the Act).”
Collins v. Noltensmeier, 2018 IL App (4th) 170443 (Ill. App. Ct. 2018). “In re Estate of Shelton, 2017 IL 121199, ¶ 22 ; 755 ILCS 45/2-7(a), (b) (West 2010) (codifying the agent’s duty of care owed to the principal for purposes of the Act).”
In re Est. of Rodden, 2015 IL App (1st) 140798 (Ill. App. Ct. 2015). “755 ILCS 45/2-7(c) (West 2012). The same law also provides that the public guardian may “petition the court for an order” requiring the agent to produce her record of receipts and disbursements.”
Kitchen v. Volkman, 2023 IL App (3d) 220305-U (Ill. App. Ct. 2023).
Peacock v. Scranton, 2023 IL App (4th) 230249-U (Ill. App. Ct. 2023).
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