Elder Law

(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. 

(Aquino, D-Chicago; Chapa LaVia, D-Aurora) allows psychotropic medication or electroconvulsive therapy to be administered under a power of attorney for health care or a declaration for mental health treatment over the objection of the recipient if the recipient has not revoked the underlying document as provided in the relevant statute. Effective August 3, 2018.

(Scott Bennett, D-Champaign; Breen, R-Lombard) provides that on the death of a designated beneficiary, proceeds from an ABLE account may be transferred to the estate of a designated beneficiary; or to an account for another eligible individual specified by the designated beneficiary or the estate of the designated beneficiary. Amends the Trusts and Trustees Act to provide that the court or a person with a disability may irrevocably assign resources of that person to either or both of: (1) an ABLE account; or (2) a discretionary trust that complies with the Medicaid reimbursement requirements of federal law. Provides that a court may reserve the right to determine the amount, duration, or enforcement of the irrevocable assignment. Effective immediately.

(Olsen, R-Downers Grove; Syverson, R-Rockford) provides that before the court appoints an individual as guardian of the person or estate of an adult with disabilities, the individual must disclose to the court the number of disabled adults to which the individual is currently appointed as guardian. If it is more than five, then then circuit court clerk must notify the Guardianship and Advocacy Commission no later than seven days after the entry of the order. Exempts the Office of the State Guardian and public guardians from the new provisions. Effective January 1, 2019.

(Sims, D-Chicago; Connor, D-Romeoville) authorizes the state’s attorney to file a petition for a domestic violence order of protection on behalf of any minor child or dependent adult in the care of the named victim, if the named victim does not file a petition or request the State's Attorney file the petition. Provides that the respondent shall file a written notice alleging a meritorious defense that must be verified and supported by affidavit. Provides that if the court finds that the evidence presented at the hearing establishes a meritorious defense by a preponderance of the evidence, the court may decide not to issue a protective order. 

Effective June 29, 2018.

(Nybo, R-Lombard; Welch, D-Chicago makes it a fourth-class claim against the decedent’s estate for providing reasonable and necessary medical, hospital, and nursing home expenses for the care of the decedent during the year immediately preceding death. Passed both chambers. 

(Harmon, D-Oak Park; Cassidy, D-Chicago) requires the Department of Public Health to establish the Opioid Alternative Pilot Program under which an individual diagnosed with and undergoing treatment for a medical condition for which an opioid has been or could be prescribed may receive medical cannabis under specified conditions. Passed both chambers. 

(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 the 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 authorized by the Illinois Power of Attorney Act. Passed both chambers. 

(Spain, R-Peoria; Oberweis, R-Sugar Grove) provides that if the agent fails to provide his or her 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. Provides that if the court finds that the agent’s failure to provide those records in a timely manner the Ombudsman was without good cause, the court may assess reasonable costs and attorney's fees against the agent and order such other relief as is appropriate. Passed both chambers.