Matter involving actions of an individual who was granted power of attorney. After the principal was found to be mentally incompetent and an estate was created the administrator of the estate requested an accounting. The circuit court ultimately found the power of attorney was liable for several substantial financial disbursements for which he could not account for. The POA appealed, arguing that he was not required to maintain an accounting when the power of attorney form that he signed did not comply with section 3-3 of the Illinois Power of Attorney Act. The appellate court affirmed, finding that the former POA breached his fiduciary duty by failing to show that he acted in the principal’s best interest and that both sections 2-7(d) and (f) justified the trial court’s order. (McBRIDE and BURKE, concurring)
Illinois Appellate Court
Civil Court
Power of Attorney