Elder Law

(Cassidy, D-Chicago; Mulroe, D-Chicago) redefines “acceptable technological means” to mean any generally available technology that, by rule of the association, is deemed to provide reasonable security, reliability, identification, and verifiability. Allows acceptable technological means to be used to conduct association business such as a notice required to be sent or received; signature, vote, consent, or approval required to be obtained; and the performance of obligations or exercise of rights. It does not apply to any notices required under the Forcible Entry and Detainer Article or in connection with foreclosure proceedings in enforcement of any lien rights under the Acts.

Effective January 1, 2017.

(Williams, D-Chicago; Hastings, D-Matteson) provides that the rights of a beneficial owner may not be impaired in any way by the change of trustees if the identity of the trustee of a land trust has been changed by virtue of sale, assignment, appointment, or otherwise, but the beneficial owner or owners of the land trust remain unchanged. Provides that a change of trustees by a sale, acquisition, or appointment governed by the Corporate Fiduciaries Act is not a bar or defense to any court action filed by or in the name of either the previous trustee or the new trustee, regardless of whether the court action was originally filed in a representative capacity on behalf of the beneficial owner or owners.

Effective January 1, 2017.

(Bellock, R-Westmont; Althoff, R-McHenry) allows a parent or guardian who is serving in the armed forces and on active duty to appoint a short-term guardian for more than 365 days. This appointment may not exceed the period of active duty service plus 30 days. Effective January 1, 2017.

(Link, D-Gurnee; Jackson, D- E. St. Louis) reduces from seven to five years before unclaimed property held by the government or court is considered to be abandoned. Effective January 1, 2017. 

(Martwick, D-Chicago; Haine, D-Alton) requires insurers to periodically use the federal Death Master File to determine if a policyholder has died but the death benefits have not been made. If a match is found but the beneficiaries do not file a claim within 120 days, the insurer is required to make a good-faith effort to locate them. This Act will apply to all policies, annuity contracts, and retained asset accounts in force on after January 1, 2017. Passed both chambers. 

House Bill 4633 (Martwick, D-Chicago; Haine, D-Alton) requires insurers to periodically use the federal Death Master File to determine if a policyholder has died but the death benefits have not been made. If a match is found but the beneficiaries do not file a claim within 120 days, the insurer is required to make a good-faith effort to locate them. This Act will apply to all policies, annuity contracts, and retained asset accounts in force on after January 1, 2017. Passed both chambers. 

(Biss, D-Skokie; Williams, D-Chicago) makes the following changes to the Act.

(1) Expands the definition of protected “personal information” to include a person’s first name or first initial and the last name that is encrypted or redacted but the unlocking keys have been breached if one of several “data elements” have also been unlawfully acquired. (2) Expands “data elements” to include medical information, health insurance information, unique biometric data. (3) Expands protected “personal information” to include user name or email address and password or security question information that permits a person’s online accounts to be breached. (4) Requires a data collector that owns or licenses, or maintains or stores but does not own or license, records that contain personal information of Illinois resident to implement and maintain reasonable security measures to protect those records from unauthorized access or use. (5) Compliance with the federal HIPAA complies with this Act as long as the covered entity provides notice of a breach to the Illinois Attorney General within notifying the Secretary of Health and Human Services. Effective January 1, 2017. 

(Lang, D-Skokie; Link, D-Gurnee) amends the Uniform Disposition of Unclaimed Property Act. It presumes that a United States savings bond is presumed abandoned if the bond has remained unclaimed and unredeemed for five years after its date of final extended maturity. Establishes a procedure by which the State Treasurer may obtain a judicial determination that the bond has escheated to the State. Passed both chambers. 

The Access to Justice Act created the Statutory Court Fee Task Force to study the current system of fees, fines, and other court costs and propose recommendations to the Illinois General Assembly and Illinois Supreme Court. Its report may be found at the URL below. 

(Welch, D-Westchester; Connelly, R-Lisle) creates the Revised Uniform Fiduciary Access to Digital Assets Act (2015). This is a big bill for transactional and estate-planning lawyers, and it has an immediate effective date so that it becomes law if and when the Governor signs it. House Bill 4648 provides procedures and requirements for the access and control by guardians, executors, agents, and other fiduciaries of the digital assets of persons who are deceased, under a legal disability, or subject to the terms of a trust. Passed both chambers