Elder Law

Senate Bill 2664

Topic: 
Electronic notaries

(Holmes, D-Aurora; Kifowit, D-Aurora) amends the Illinois Notary Public Act providing requirements authorizing electronic and remote notarization and electronic notaries public. Effective on the later of: (1) January 1, 2022; or (2) the date on which the Secretary of State files with its Index Department a notice of its adoption of rules necessary to implement this Act.

Senate Bill 730

Topic: 
Electronic Wills and Remote Witnesses Act

(Crowe, D-Maryville; Didech, D-Buffalo Grove) provides for (1) the valid execution, attestation, self-proving, and probate of electronic wills, paper copies of electronic wills, and wills attested to by witnesses through audio-video communication; and (2) the valid execution, attestation, and witnessing of documents, other than wills, through audio-visual communication. Passed both chambers. Effective on the Governor’s signature.  

Senate Bill 2664

Topic: 
Electronic notaries

(Holmes, D-Aurora; Kifowit, D-Aurora) amends the Illinois Notary Public Act providing requirements authorizing electronic and remote notarization and electronic notaries public. Passed both chambers. Effective on the later of: (1) January 1, 2022; or (2) the date on which the Secretary of State files with its Index Department a notice of its adoption of rules necessary to implement this Act.

Senate Bill 642

Topic: 
Judicial Districts Act of 2021

(Harmon, D-Oak Park; Tarver, D-Chicago creates the Judicial Districts Act of 2021 to create new appellate and supreme court districts outside of Cook County. The judicial circuits are left intact but may be moved to a new judicial district. The appellate courthouses remain where they currently sit to continue to act as the appellate courthouse for that district.  

Senate Bill 642

Topic: 
Judicial Districts Act of 2021

(Harmon, D-Oak Park; Tarver, D-Chicago creates the Judicial Districts Act of 2021 to create new appellate and supreme court districts outside of Cook County. The judicial circuits are left intact but may be moved to a new judicial district. The appellate courthouses remain where they currently sit to continue to act as the appellate courthouse for that district.  

House Bill 3963

Topic: 
Required dementia training

(Manley, D-Romeoville) creates the Mandatory Dementia-Specific Training Act. Provides that emergency medical technicians, probate judges, paid conservators, and protective services employees must receive dementia-specific training, including, but not limited to, training in Alzheimer's disease and dementia symptoms and care. Provides that the personnel must receive a refresher training course at least once every three years. Provides that the Department of Public Health shall implement and conduct the training program, set standards and determine the hours and frequency of necessary training, and adopt any rules necessary to implement the Act. Just introduced. 
 

House Bill 266

Topic: 
Guardianship of adults

(Bennett, R-Pontiac) amends the Guardians For Adults With Disabilities Article of the Probate Act of 1975. Provides that a guardian must consider the ward's current preferences to the extent the ward has the ability to participate in decision making when those preferences are known or reasonably ascertainable by the guardian. Provides that decisions by the guardian must  conform to the ward's current preferences unless the guardian reasonably believes that doing so would result in substantial harm to the ward's welfare or personal or financial interests. Provides that if the guardian is unable to ascertain the ward's preferences, then the decisions may be made by conforming as closely as possible to what the ward would have done or intended under the circumstances. Scheduled for hearing next Tuesday in House Judiciary Committee.  

House Bill 263

Topic: 
Guardianship of adults

(Bennett, R-Pontiac) amends the Guardians For Adults with Disabilities Article of the Probate Act of 1975. It provides that a petition for the appointment of a temporary guardian for an alleged person with a disability shall be filed at the time of or subsequent to the filing of a petition for adjudication of disability and appointment of a guardian. Provides that the petition for the appointment of a temporary guardian must state specified facts. Provides that notice of the time and place of the hearing on a petition for the appointment of a temporary guardian or petition to revoke the appointment of a temporary guardian must be given not less than three days before the hearing. Senate Bill 527 is an identical bill in the Senate. House Bill 263 is scheduled for hearing next Tuesday in House Judiciary Committee. 

Senate Bill 72

Topic: 
Electronic Wills and Remote Witnesses Act

(Crowe, D-Maryville) provides that an electronic will shall be executed by the testator or by some person in the testator's presence and at the testator's direction, and attested to in the testator's presence by two or more credible witnesses. Provides for the revocation of an electronic will. Provides that an electronic will is a digital asset and any person or business in possession of an electronic will is a custodian.

Provides that a person may witness any document, other than a will, using audio-video communication between the individual's signing the document and the witness. Provides for remote attestation for a will and methods for determining a signer's or testator's identity.

Provides for the verification of an electronic will when a petition to have an electronic will admitted to probate is filed. Provides for: admission of a paper copy of an electronic will; admission of a will attested to by a witness who is physically present; admission of a will attested to by a remote witness; and admission of a will signed under the Electronic Commerce Security Act.

Provides that nothing prohibits any party from introducing evidence of fraud, forgery, compulsion, or other improper conduct which in the opinion of the court is deemed sufficient to invalidate the will when being admitted. Provides for: formal proof of a will with a remote witness; formal proof of an electronic will; and formal proof of a will witnessed under the Electronic Commerce Security Act.

Senate Bill 72 has just been introduced.