Elder Law

(Sims, D-Chicago; Meyers-Martin, D-Matteson) provides that an heir or agent who files an unclaimed property claim in which the decedent's property does not exceed $100 may submit an affidavit attesting to the heir's or agent's capacity to claim in lieu of submitting a certified copy to verify a claim. The affidavit must be accompanied by a copy of other documentary proof that the State Treasurer requests. Allows the State Treasurer to change the maximum value by administrative rule. Effective August 9, 2019.

(Fine, D-Glenview; Morgan, D-Highwood) removes the sunset provision from the medical cannabis law and amends it to expand the definition of “debilitating medical condition” to include autism, chronic pain, irritable bowel syndrome, migraines, osteoarthritis, anorexia nervosa, Ehlers-Danlos Syndrome, Neuro-Behcet’s Autoimmune Disease, neuropathy, polycystic kidney disease, and superior canal dehiscence syndrome. “Certifying health care professional” is redefined to mean a physician, an advanced practice registered nurse, or a physician assistant. Effective August 9, 2019.

(Welter, R-Morris; McConchie, R-Lake Zurich) deletes language stating that no order of complete or partial emancipation may be entered if there is any objection by the minor’s parents or guardian. Instead, it provides that such an order may be entered if the court finds, in a hearing, that emancipation would be in the minor’s best interests. Effective immediately. 

(Morrison, D-Deerfield; Moeller, D-Elgin) requires that the Department of Public Health study the feasibility of creating a statewide registry of advance directives and POLST (practitioner order for life-sustaining treatment) forms. It also allows the various advance directives to be in hard or electronic format under the Illinois Commerce Security Act (5 ILCS 175/5-115).

Effective January 1, 2020.

(Ann Williams, D-Chicago; Mulroe, D-Chicago) is an Illinois-centric version of the Uniform Trust Code. It is intended to modernize trust law in the State of Illinois, codify common law concepts that currently apply to trusts, and provide uniformity in relation to trust law in other states.  Effective January 1, 2020.

(Gabel, D-Evanston; Fine, D-Glenview) allows a civil action to be commenced within 10 years of the last act committed in furtherance of the crime for an action arising out of theft of property exceeding $100,000 in value; identity theft; aggravated identity theft; financial exploitation of an elderly person or a person with a disability; or other or any offense set forth in Article 16H or Section 17-10.6 of the Criminal Code of 2012. But if any other law provides for a longer limitation period, then the longer limitation period applies.

Passed both chambers. Effective July 1, 2019 if the Governor signs the bill. 

(Didech, D-Highwood; Crowe, D-Wood River) amends the Illinois Partition Act to create a new set of procedures regulating the partition of property held in tenancy in common by one or more cotenants who are related or who acquired an interest in the property from a person related to the tenant by blood, marriage, or adoption.  The Act applies only if one or more of the following conditions exist:

(1) 20 percent or more of the interests are held by cotenants who are related; (2)  20 percent or more of the interests are held by an individual or related entity who acquired title from a relative during the relative’s life or at death; or (3) 20 percent of the cotenants are relatives.

If the Act applies, the court is required to determine the fair market value of the property and give the cotenants who do not seek a partition of the property by sale the opportunity to purchase the interest of any cotenant who seeks to partition the property by sale. If no cotenant purchases the property and the property is not susceptible to being partitioned in kind, the Act provides the method by which the property is to be sold and costs apportioned.

Passed both chambers.

(Fine, D-Glenview; Morgan, D-Highwood) amends the medical cannabis law to expand the definition of “debilitating medical condition” to include autism, chronic pain, irritable bowel syndrome, migraines, osteoarthritis, anorexia nervosa, Ehlers-Danlos Syndrome, Neuro-Behcet’s Autoimmune Disease, neuropathy, polycystic kidney disease, and superior canal dehiscence syndrome. “Certifying health care professional” is redefined to mean a physician, an advanced practice registered nurse, or a physician assistant. Passed both chambers. If signed into law by the Governor, it takes effect immediately. 

(Cassidy, D-Chicago; Steans, D-Chicago) decriminalizes possession of small amounts of cannabis and replaces it with a tax and regulation system. A resident of Illinois (21 or older) may purchase cannabis products and possess 30 grams of cannabis flower, no more than 500 mg of THC in cannabis-infused product, and five grams of cannabis concentrate. It creates an automatic expungement through the governor’s clemency process for convictions up to 30 grams. For amounts of 30-500 grams, the state’s attorney or the individual can petition the court to vacate the conviction. Makes other changes. Passed both chambers. If signed into law, it takes effect on January 1, 2020. A more comprehensive summary may be found at the Marijuana Policy Project here. 

(Harmon, D-Oak Park; Zalewski, D-Chicago) creates a licensed activity of the “practice of voice writer reporting.” This means reporting by the use of a system of repeating words of the speaker into a closed-microphone voice-dictation silencer that is capable of digital translation into text. It could be used for grand jury proceedings, court proceedings, court-related proceedings, pretrial examinations, depositions, motions, and related proceedings of like character. Passed both chambers.