Section Activities Summary

ISBA Central Discussions

Legislation

The Section Council reviewed 97 bills that may affect their members’ practice area. Highlights of the most recent legislative session include:

• House Bill 4649 amends the Adult Protective Services Act to strengthen protections against abuse and financial exploitation of eligible adults. It expands the authority of the Department and provider agencies to access financial and health records for investigations and enables expedited court hearings when access to an adult is denied due to coercion or fear. The bill broadens the courts’ ability to issue ex parte temporary restraining orders, allowing flexible relief such as restricting financial access, awarding temporary possession of a residence, and involving law enforcement, replacing narrower asset-freezing provisions. It also updates service and enforcement procedures, including allowing facsimile service, certified mail in certain cases, and requiring notice to law enforcement within 24 hours. Finally, it updates the Code of Civil Procedure to allow service through third-party platforms when perpetrators are unknown, ensuring proper notice and opportunity to respond.
• House Bill 5365 amends the Supported Decision-Making Agreement Act. Requires that a support decision-making agreement must be written in plain language and include certain items. Requires that a supported decision-making agreement must be signed by the principal and each supporter. Provides that the principal may use reasonable modifications, such as assistive technology or physical assistant, to sign the agreement. Provides that a supported decision-making agreement should be reviewed by the principal and all supporters every 2 years and, updated as needed, in the same manner as an initial supported decision-making agreement is executed. Provides that a diagnosis of mental illness, intellectual disability, or developmental disability, of itself, does not void the presumption of capacity. Provides that the execution of a supported decision-making agreement may not be used as evidence of capacity or incapacity in any civil or criminal proceeding, but the existence of such an agreement may be entered into evidence.
• Senate Bill 3291 authorizes a circuit court clerk of any county to develop and maintain a will depository. Provides a procedure for the clerk to accept for safekeeping a will that is defined as a document intended to be a testamentary instrument. Defines "depositor" as the person who is delivering the will for deposit and includes the testator, who is a resident in the county where the will is being deposited or a person authorized by court order. Creates a procedure for the clerk to follow in accepting, keeping, and returning these documents. Allows the clerk to charge a fee of up to $25 for each will deposited, and the clerk may not collect a separate fee for additional documents concurrently deposited in relation to a single testator or for a single joint will prepared for a husband and wife. During the lifetime of the testator, the clerk may release the deposited will only to the testator in person upon proof of identity or pursuant to an order.