Elder Law

(Cullerton, D-Villa Park) amends the Resignation And Removal Of Representative Article of the Probate Act of 1975. Provides that a guardian ad litem may be removed for good cause for: failure to comply with the duties of a guardian ad litem; committing any criminal or unlawful act that reflects adversely on the guardian ad litem's honesty, trustworthiness, or fitness as a guardian ad litem; in the performance of guardian ad litem duties, by words or conduct, manifesting bias or prejudice based upon race, color, sex, religion, national origin, disability, age, sexual orientation, or socioeconomic status; or engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation. Scheduled for hearing in Senate Judiciary Committee next Tuesday. 

(Cullerton, D-Villa Park) amends the Resignation And Removal Of Representative Article of the Probate Act of 1975. Provides that a guardian ad litem may be removed for good cause for: failure to comply with the duties of a guardian ad litem; committing any criminal or unlawful act that reflects adversely on the guardian ad litem's honesty, trustworthiness, or fitness as a guardian ad litem; in the performance of guardian ad litem duties, by words or conduct, manifesting bias or prejudice based upon race, color, sex, religion, national origin, disability, age, sexual orientation, or socioeconomic status; or engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation. Scheduled for hearing in Senate Judiciary Committee next Tuesday. 

(Willis, D-Northlake) amends the Counties Code to provide that a physical or electronic image of the recorder's stamp satisfies the signature requirement for recorded instruments prior to, on, and after the effective date of the amendatory Act. Makes corresponding changes. House Bill 4845 was just introduced. An identical bill is Senate Bill 3187 (Holmes, D-Aurora). 

(Morrison, D-Highwood; Koehler, D-Peoria) allows Illinois to join the majority of other states by aligning its state law with the maximum federal allowance for a community spouse whose spouse is in a nursing home.  A “community spouse” is the spouse of an individual who is receiving Medicaid-funded, long-term care in an institutional setting. Illinois has frozen its rates in 2012, so our community spouses are not receiving an annual bump in their benefits as do community spouses in the rest of the country. Senate Bill 2962 is scheduled for hearing on Jan. 11, 2020 at 1:30 p.m.in the Senate Health Committee. 

(Sims, D-Chicago; Ann Williams, D-Chicago)  was signed into law on Aug. 13 by Governor Pritzker. It repeals the current exception to the attorney’s six-year statute of repose for estate planning work. That exception was for two years after the death of the client. Senate Bill 2179 provides for a six-year statute of repose to make it consistent with all other legal work, but it also includes a safe harbor period to ensure judicial approval of the legislation. This means that for estate planning done before the amendment’s effective date, regardless of how long ago, there would be a reasonable time period (not to exceed six years) after the statute’s effective date within which a claim could be brought to ensure claims are not abruptly terminated. It takes effect on Jan. 1, 2022. 

(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. Some parts of the Act take effect on July 1, 2022. 

(Feigenholtz, D-Chicago; Gabel, D-Evanston) removes the requirement for a witness signature on the form. It authorizes recognition of the IDPH Uniform POLST form, National POLST form, other formally sanctioned forms created in the fashion of the National POLST Paradigm, or out-of-hospital DNR orders faithfully executed in other states. Effective Jan. 1, 2022.

(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. The Governor signed it yesterday, and it took effect on his signature. 

(Tracy, R-Quincy; Costa-Howard, D-Lombard) is a cleanup of the adult guardianship statutes that our Elder Law Section Council has worked on over several years. Among its changes are as follows: (1) Clarifies that separate guardians may be appointed for the person and estate when both are needed as well as codifying that there may be co-guardians if the court finds it to be in the best interests of the ward. (2) Clarifies the interplay of the power of attorney and the guardianship roles. It states that a petitioner who seeks to revoke a power of attorney for the person with an alleged disability must do so in conformity with the Illinois Power of Attorney Act. (3) Codifies that guardians are entitled to reasonable compensation, subject to court approval, after the court considers a fee petition. It will also consider these fees to be first-class claims under §18-10 of the Probate Act if the ward dies. Makes other changes. Effective Jan. 1, 2022.

(Barickman, R-Bloomington; Halpin, D-Rock Island) upgrades the TODI Act since its enactment in 2012 to resolve questions or issues that have surfaced in the nine years since the Act has been used. Effective Jan. 1, 2022.