Elder Law

(Tom Bennett, R-Pontiac; Scott Bennett, D-Champaign) allows an adult child, spouse, adult grandchild, parent, or adult sibling to petition for visitation privileges with the ward. (Now, just an adult child.) The court may not allow visitation if it finds that the ward has capacity to evaluate and communicate decisions regarding visitation and expresses a desire not to have visitation with the petitioner.

Effective January 1, 2019.

(Welch, D-Westchester; Harmon, D-Oak Park) provides that if the property is an interest in real property, a bona fide purchaser or mortgagee for value shall take the subject property free and clear of the action challenging the transfer instrument if the transfer to the bona fide purchaser or mortgagee for value occurs before the recordation of a lis pendens for an action challenging the transfer. Sets forth conditions under which a financial institution or similar entity is not liable for distributing or releasing property before the transfer is challenged.

Effective August 24, 2018. 

(Halpin, D-Rock Island; Mulroe, D-Chicago) creates the Uniform Power of Appointment Act that adopts the Uniform Law Commission model act but makes it consistent with Illinois law. Effective January 1, 2019.

(Bush, D-Grayslake; Cassidy, D-Chicago) allows a court to waive the notice and publication requirement to change a person's name if the person files a written declaration that they believe that publishing their name change would put them at risk of physical harm or discrimination. The movant must provide evidence to support this claim. Effective January 1, 2019

(Spain, R-Peoria; Oberweis, R-North Aurora) provides that if the agent fails to provide a record of all receipts, disbursements, and significant actions taken under the authority of the agency within 21 days after a request by specified persons, a representative of the Office of the State Long Term Care Ombudsman may petition the court for an order requiring the agent to produce those records. If the court finds that the agent’s failure to provide those records in a timely manner was without good cause, the court may assess reasonable costs and attorney’s fees against the agent and order other relief as is appropriate. Effective January 1, 2019.

(Wojcicki Jimenez, R-Springfield; Bush, D-Grayslake) creates this Act to authorize a court to order a family caregiver to permit a family member to visit with a frail-elderly individual if the family caregiver has unreasonably prevented visitation. The court may not order visitation if it finds that (1) the frail-elderly individual has capacity to evaluate and communicate decisions regarding visitation and doesn't want to have the visitation; or, (2) it is not in the best interest of the frail-elderly individual.

If the court grants a petition, the court may also order the family caregiver to use reasonable efforts to notify the petitioner of the frail-elderly individual’s hospitalization, admission to a healthcare facility, change in permanent residence, or death. This Act does not apply if the frail-elderly individual is a person in a guardianship or the family caregiver is acting as an agent under a power of attorney or acting at the direction of an agent under a power of attorney.

Effective January 1, 2019.

(Tracy, R-Quincy; Wheeler, R-North Aurora) creates authorization and requirements for using email as a method of service under this Act. Effective Jan. 1, 2019.

(Weaver, R-Peoria; Andersson, R-Geneva) makes ineffective any insurance policy that names the former spouse as the beneficiary after a judgment of dissolution of marriage with three exceptions: 1) the judgment designates the insured's former spouse as the beneficiary; 2) the insured re-designates the former spouse as the beneficiary after the entry of judgment; or 3) the former spouse is designated to receive the proceeds in trust for, on behalf of, or for the benefit of a child or a dependent of either former spouse. If the beneficiary designation is not effective under this bill, the proceeds of the policy are payable to the named alternative beneficiary or, if there is not a named alternative beneficiary, to the estate of the insured. Clarifies that this legislation does not apply to life insurance policies subject to regulation under the Employee Retirement Income Security Act of 1974 (ERISA). Effective Jan. 1, 2019.

(Mulroe, D-Chicago; Welch, D-Westchester) deletes language requiring that a conveyance of real property to a trust include evidence of acceptance by the trustee and deletes language providing that if the transferor is a trustee of the trust, an interest in real property does not become trust property unless the instrument of conveyance is recorded in the office of the recorder of the county in which the property is located. Effective January 1, 2019. 

(Feigenholtz, D-Chicago; Hunter, D-Chicago) amends the Illinois Domestic Violence Act of 1986 and the Protective Orders Article of the Code of Criminal Procedure of 1963. It adds to the list of protected persons any of the following persons abused by a family or household member of a child: (1) a foster parent of that child if the child has been placed in the foster parent's home by the Department of Children and Family Services or by another state's public child welfare agency; (2) a legally appointed guardian or legally appointed custodian of that child; (3) an adoptive parent of that child; or (4) a prospective adoptive parent of that child if the child has been placed in the prospective adoptive parent's home pursuant to the Adoption Act or pursuant to another state's law. Authorizes these persons to file a petition for an order of protection. Effective January 1, 2019.