(Johnson, D-Waukegan) amends the Probate Act of 1975. It provides that a person who has been convicted of a felony is qualified to act as an executor if: (a) the testator names that person as an executor and expressly acknowledges in the will that the testator is aware that the person has been convicted of a felony; and (b) the person is otherwise qualified to act as an executor.
(Villa, West Chicago) Amends the Code of Civil Procedure. Provides that every individual is entitled to an estate of homestead to the extent in value of $30,000 of his or her interest in a farm or lot of land and buildings thereon, a condominium, or personal property, owned or rightly possessed by lease or otherwise and occupied by him or her as a residence, or in a cooperative that owns property that the individual uses as a residence, or $60,000 if the homestead is owned by 2 or more individuals. Scheduled for hearing Tuesday in Senate Judiciary Committee.
(Walker, D-Arlington Heights) amends the Illinois Banking Act and other lender statutes affecting provisions concerning customer financial records and confidentiality. It provides that the language does not prohibit the furnishing of financial information to the executor, executrix, administrator, or other lawful representative of the estate of a customer. Amends the Illinois Trust and Payable on Death Accounts Act. Provides that any holder of an account may elect a per stirpes distribution option to the descendants of a natural person beneficiary if the beneficiary predeceases the last surviving holder of the account. Amends the Financial Institutions Electronic Documents and Digital Signature Act. In provisions concerning electronic notices, provides that consent to electronic transactions given by the customer pursuant to the federal Electronic Signatures in Global and National Commerce Act shall satisfy applicable consent requirements. Amends the Probate Act of 1975. Provides that any person doing business or performing transactions on behalf of or at the direction of an executor or administrator with a will annexed shall be entitled to the presumption that the executor or administrator with the will annexed is lawfully authorized to conduct the business or perform the transaction without such person investigating the source of the authority and without verifying that the actions of the executor or administrator with the will annexed comply with a will or any order of the probate court, unless such person has actual knowledge to the contrary. It was just introduced.
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)
(Greg Harris, D-Chicago; Gillespie, D-Arlington Heights) starts the process of aligning Illinois law with the maximum federal allowance for a community spouse. A “community spouse” is the spouse of an individual who is receiving Medicaid-funded, long-term care in an institutional setting.
First, it immediately increases the monthly allowance for the community spouse from $2,739 per month to the maximum amount allowed under federal law that is now $3,435. This is the income allowance for the community spouse for living expenses such as dental work, medical bills, etc.
Second, it begins increasing at the rate of 2.5% per year for the next ten years Illinois’ Community Spouse Resource Allowance. This is the amount of resources a community spouse can keep of the couple’s own resources without affecting the nursing home spouse’s Medicaid application. At the end of the ten years Illinois’ allowance will be pegged to the maximum federal allowance for future increases.
Third, it also allows community spouses to receive any additional increases in the community spouse resource allowance that is permitted under federal law during these ten years. Effective June 2, 2022.
(Davis, D-East Hazel Crest; Napoleon Harris III, D-Dolton) requires that a guardian of the person appointed in Cook County to complete a training program created under the Guardianship and Advocacy Act. Guardians in Cook County are currently exempt from this requirement. Effective Jan. 1, 2023.
(Gong-Gershowitz, D-Glenview; Fine, D-Glenview) allows an agent to present an electronic device displaying an electronic copy of an executed form as proof of the health care agency. Health care providers must accept the executed form as well. Effective Jan. 1, 2023.
(Gong-Gershowitz, D-Glenview; Fine; D-Glenview) allows an agent to present and a health care provider to accept via an electronic device an electronic copy of an executed statutory short form as proof of the health care agency. House Bill 5047 has passed the House and is in the Senate.
(Gong-Gershowitz, D-Glenview) amends the Powers Of Attorney For Health Care Article of the Illinois Power of Attorney Act. Changes the statutory short form power of attorney for health care to include the option to present the form electronically as proof of agency. Provides that, if the principal has authorized the agent to present the statutory short form electronically, an attending physician, emergency medical services personnel, or health care provider shall not refuse to give effect to a health care agency if the agent presents an electronic device displaying an electronic copy of an executed form as proof of the health care agency. Makes conforming changes and requires a public information campaign by the Illinois Department of Public Health. House Bill 5047 is scheduled for hearing next Wednesday in House Judiciary Committee.
(Plummer, R-Edwardsville) amends the Probate Act of 1975. Provides that any person doing business or performing transactions on behalf of or at the direction of an executor or administrator with a will annexed shall be entitled to the presumption that the executor or administrator with the will annexed is lawfully authorized to conduct the business or perform the transaction without such person investigating the source of the authority and without verifying that the actions of the executor or administrator with the will annexed comply with a will or any order of the probate court, unless such person has actual knowledge to the contrary. Makes other changes. Senate Bill 3886 is still in the Committee on Assignments.