Elder Law

(Will Davis, D-East Hazel Crest; Harmon, D-Oak Park) requires guardians of the person appointed in counties of less than three million to complete a training program that outlines the responsibilities of the guardian and rights of the ward within one year from the date of appointment. The Office of State Guardian is tasked with providing such a program at no cost, but the chief judge of any circuit may order another program containing substantially similar content. Public guardians, licensed attorneys, and corporate fiduciaries are exempted from this requirement. A court may exempt, for good cause shown, a person so appointed. House Bill 2665 also allows the Governor to designate, without consent of the Senate, the OSG to be an interim public guardian to fill a vacancy in or or more counties having a population of 500,000 for an the lesser of one year or until a gubernatorial appointee is approved by the Senate.

House Bill 2665 passed out of the Senate 33-21-0 and is on the House calendar for concurrence possibly this summer. It would have a January 1, 2019 effective date.

(Martwick, D-Chicago; Collins, D-Chicago) expands last year's original Unclaimed Life Insurance Benefit Act that required insurance companies to perform a check of policies in force (not lapsed) as of January 1, 2017 against the Social Security Death Master File. Insurance companies must now check all policies that are currently in force or were in force as of January 1, 2000, unless the company shows proof that they did not keep electronic records, in which case they must check all current policies and all policies in effect as of January 1, 2012.

Passed both chambers; effective January 1, 2018 if the Governor signs it.

(Barickman, R-Bloomington; Andersson, R-Geneva) ensures that the appeals by citizens in administrative review actions are not thrown out of court for a scrivener’s error that is called a “misnomer.” Senate Bill 584 amends the Administrative Procedure Act and the Administrative Review Law to provide a means for correcting good-faith failures to perfectly name necessary parties in actions for administrative review. The proposed legislation would do several things to resolve this problem.

Requires that final administrative orders list all of the parties of record together with their last known address of record. The final order must also include whether there are any agency rules requiring a motion for reconsideration as a part of obtaining a reviewable final administrative decision and, if so, the citation to the rule.  

Prohibits an action for administrative review to be dismissed for lack of jurisdiction based on the misnomer of any agency that is properly served with summons issued in the action within the applicable time limits. It also prohibits dismissal for failure to perfectly name an agent if a timely action of administrative review has been filed that identifies the final administrative decision under review and makes a good faith effort to properly name the administrative agency.

Allows a court to correct misnomers for an erroneous identification of the administrative agency that was made in good faith.

Passed both chambers; effective on the Governor’s signature.  

(Thapedi, D-Chicago; Raoul, D-Chicago) amends § 2-301 of the Code of Civil Procedure by changing the exception to the statute’s general rule. The general rule is that a party must object to the court’s jurisdiction (without waiving an objection to the court’s jurisdiction) over the party’s person by filing a motion to dismiss the entire proceeding or by filing a motion to quash service of process, but the party must do this before they file any other pleading.

House Bill 188’s exception to this general rule of waiver allows a motion for extension of time to answer or otherwise plead or a motion filed under § 2-1301, § 2-1401, and § 2-1401.1

But it requires any motion objecting to the court’s jurisdiction over the party’s person under § 2-301 must be filed within 60 days of the court’s order disposing of the initial motion filed under these three sections. A party may combine these motions without waiving their objection to jurisdiction.

House Bill 188 has passed the House and on third reading in the Senate. 

(Koehler, D-Peoria) repeals the Dwelling Structure Contract Act and the Dwelling Unit Installment Contract Act. Creates the Installment Sales Contract Act. Adds provisions governing: definitions; terms and conditions of installment sales contracts; applicability of other Acts; sales of condemned dwelling structures; repairs; account statements; transfer of payments; insurance proceeds; unlawful acts; waivers; and penalties. Makes corresponding changes in the Condominium Property Act. Amends the Code of Civil Procedure. Provides that a real estate installment contract for residential real estate is subject to the foreclosure provisions of the Code if the purchase price is to be paid in installments over a period in excess of one year (instead of five years) and the amount unpaid under the terms of the contract at the time of the filing of the foreclosure complaint, including principal and due and unpaid interest, at the rate prior to default, is less than 90% (instead of 80%) of the original purchase price of the real estate as stated in the contract. Effective January 1, 2018. It is on third reading in the Senate. 

 (Tom Cullerton, D-Villa Park) creates a “resident’s representative” under this Act that allows a resident to choose someone to support the resident in decision-making; access medical, social, or other personal information of the resident; manage financial matters; or receive notifications.

It will also include the following: 

(2) A person authorized by State or federal law, including, but not limited to, agents under power of attorney, representative payees, and other fiduciaries, to act on behalf of the resident in order to support the resident in decision-making; access medical, social, or other personal information of the resident; manage financial matters; or receive notifications.

(3) A legal representative, as used in Section 712 of the federal Older Americans Act (42 U.S.C. 3058g); or

(4) The court-appointed guardian or conservator of a resident.

Nothing in this definition is intended to expand the scope of authority of any resident’s representative beyond that authority specifically authorized by the resident, State or federal law, or a court of competent jurisdiction.

(Fine, D-Glenview) deletes language providing that specified records may be inspected “only for a proper purpose.” Also deletes language that in an action to compel examination of specified records, the burden of proof is upon the member to establish that the member's request is based on a proper purpose. Scheduled for hearing this Thursday in House Judiciary Committee. 

(Hurley, D-Chicago) removes a repeal date of June 1, 2018 in a Section concerning a county recorder's ability to establish procedures for investigating filings that would cause the recorder to reasonably believe that the filing may be fraudulent, unlawfully altered, or intended to unlawfully cloud or transfer the title of any real property. On second reading in the House.