In re Estate of Shelton

Illinois Supreme Court
Civil Court
Power of Attorney Act
Case Number: 
2017 IL 121199
Decision Date: 
Thursday, May 18, 2017
3d Dist.
Grundy Co.
Appellate court reversed in part and affirmed in part; circuit court affirmed.

Section 2-10.3(b) of Illinois Power of Attorney Act imposes duties on a person initially named as a successor agent who has been authorized to act as an agent due to the predecessor agent's disqualifying condition or event. Once a successor agent has assumed duties of an agent, he may not participate in or conceal a breach of fiduciary duty committed by another agent, which may include a predecessor agent or co-agent. Upon learning of another agent's breach, the agent must notify the principal and take action to protect the principal's interests. Successor agent does not owe principal a fiduciary duty to principal prior to becoming an authorized agent. (KARMEIER, FREEMAN, THOMAS, KILBRIDE, GARMAN, and THEIS, concurring.)