Elder Law

(LaPointe, D-Chicago; Feigenholtz, D-Chicago) creates the Supported Decision-Making Agreement Act. Authorizes the creation of supported decision-making agreements and allows a supporter to assist a principal with an intellectual or developmental disability in accessing, collecting, or obtaining information that is relevant to a decision authorized under the supported decision-making agreement. Passed both chambers. Effective six months after the Governor signs it.

(Costa Howard, D-Lombard; Connor, D-Crest Hill) deletes language providing that if the respondent is unable to pay the fee of the guardian ad litem or appointed counsel, or both, the court may enter an order for the petitioner to pay all such fees or such amounts as the respondent or the respondent's estate may be unable to pay. It replaces this language with the discretion of the court. Prohibits legal fees, appointed counsel fees, guardian ad litem fees, or costs from being assessed against the Office of the State Guardian, the public guardian, an adult protective services agency, the Department of Children and Family Services, or the agency designated by the Governor under the Protection and Advocacy for Persons with Developmental Disabilities Act. Passed both chambers. Effective 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.

(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.  

(Sims, D-Chicago; Ann Williams, D-Chicago) creates the Uniform Electronic Transactions Act to join 48 other states if enacted. It replaces the Electronic Commerce Security Act of 1999. Passed both chambers. Effective immediately on the Governor's signature.

(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.

(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.  

(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.  

(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. 
 

(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.