Health Care Power of Attorney Act. Senate Bill 2673 integrates health care powers of attorney into the recently enacted Disposition of Remains Act so that those who choose to use a HCPOA to direct the disposition of a decedent's remains may continue to do so. It also includes a prophylactic clause for HCPOAs already written to ensure that they continue to be honored.

IMDMA and health insurance. House Bill 4383 adds a provision §505.2 of the IMDMA that requires the court to order the obligor to reimburse the obligee for 50% of the premium for placing the child on her health insurance if either of the following occurs: (1) If the there is no work health insurance plan available to the obligor and the court does not enter an order requiring the obligor to cover the child on any other policy. (House Amendment No. 1 added a safe harbor of judicial discretion here by providing that this is not required if the court makes a finding that it would be inappropriate after considering the criteria in §505(a)(2)).

Collateral Source Payments. Senate Bill 1911 amends the Code of Civil Pro-cedure to do three things: (1) Creates a new §2-1208 to create two classes of “collateral source payments,” which are as follows: (a) Any pretrial payment made by or on behalf of a defendant to a plaintiff as advance against liability that must be credited against the liability of that defendant. (b) Any other payments made to or benefits conferred upon a plaintiff from a third party source that may not reduce the plaintiff's recovery or be credited against any defendant's liability regardless of the source and nature of the benefit or payment.

(2) It creates a rebuttable presumption of the amount and reasonableness of a bill for services rendered as a §2-1208(b) collateral source payment. It may be established by a copy of the bill, with evidence of payments made or benefits conferred in a redacted format, and certified under the signature of the keeper of the records of the bills for services rendered. A party who attempts to rebut this presumption may not be allowed to present evidence of payments made or benefits conferred under §2-1208(b).

(3) It also repeals §2-1205 of the Code of Civil Procedure but does not affect payments made under the Joint Tortfeasor Contribution Act.

Totten Trusts. Senate Bill 2676 amends the Illinois Power of Attorney Act to authorize an agent in the short form to close or control a Totten Trust, a POD account, or a similar arrangement with a financial institution, but the agent's authority does not include any powers over accounts titled in the name of a trust under the Trust and Trustees Act, unless specifically authorized by a person's power of attorney for property. Makes an exception for these accounts to the existing prohibition against an agent revoking or amending any trust for the benefit of the principal in order to pay income or principal to the agent without specific authority to do so.