Elder Law

The Cook County Board has on its agenda two ordinances to increase litigants and defendants' filing fees from $15 to $25 for the court automation fee (15-5775) and from $15 to $25 for the document storage fee (15-5780). These fees are paid by civil litigants and defendants in felony, misdemeanor, municipal ordinance, conservation, and traffic cases (excluding minor traffic cases satisfied without a court appearance. These two ordinances will probably be voted the week of November 16th to take effect December 1, 2015.

(Hunter, D-Chicago; Currie, D-Chicago) requires the petitioner to give notice of the hearing on the petition for appointment of a standby guardian or a guardian of a minor not less than seven (instead of three) days before the hearing. Any order for removal must include the date of the removal, the reason for removal, and the proposed residential and mailing addresses of the minor after removal. Effective July 30, 2015.

(Silverstein, D-Chicago; Gordon-Booth, D-Peoria) expands its reach to compel appearance before the court of any person whom the petitioner believes may be liable to the estate of a ward under any civil cause of action. Also expands the statute to include “assets” in the person’s possession or control and or previously in person’s possession or control. Effective January 1, 2016.

(Kelly Burke, D-Evergreen Park; Mulroe, D-Chicago) is a rewrite of the Illinois Parentage Act modeled after the uniform act from the Uniform Law Commission. It regulates establishment of a parent-child relationship, authorizes genetic testing, establishes procedures regarding parentage of a child of assisted reproduction, and provides for establishment of child-support obligations. A good summary of this new Act by Matthew Hector may be found in this month's issue of the Illinois Bar Journal. Effective January 1, 2016.

(David Harris, R-Arlington Heights; Stadelman, D-Rockford) amends the Probate Act of 1975 to provide that a temporary guardian has the limited powers and duties (instead of “all of the powers and duties”) of a guardian of the person or of the estate that are specifically enumerated in the court order. Effective January 1, 2016.

(Barickman, R-Bloomington; Andersson, R-Geneva) establishes a simple, clerical procedure in which a subpoena from an out-of-state court is reissued as a discovery subpoena in Illinois. Effective January 1, 2016.

(Silverstein, D-Chicago; Jehan Gordon-Booth) expands its reach to compel appearance before it of any person whom the petitioner believes may be liable to the estate of a ward under any civil cause of action. Also expands the statute to include “assets” in the person’s possession or control and or previously in person’s possession or control. Passed both chambers.

(Thomas Bennett, R-Watseka; Barickman, R-Bloomington) expands the current civil cause of action for financial exploitation of the elderly or disabled by deleting both the precursor of an indictment and the limitation of remedy of returning the property. Passed both chambers.

(Holmes, D-Aurora; Keith Wheeler, R-Oswego) authorizes the Kane County Board, with concurrence of the chief judge of the circuit, to impose a judicial facilities fee not to exceed $30. It will be imposed on civil litigants and defendants in criminal cases. Passed both chambers.