Elder Law

House Bill 2506

Topic: 
Guardianship of a disabled adult
(David Harris, R-Mount Prospect) amends the Probate Act of 1975 affecting disabled adults. It provides that unless a guardian of the person of a disabled adult is specifically authorized by court order, the guardian may not restrict the personal rights of the ward, including, but not limited to, the right to receive visitors, telephone calls, and personal mail. Just introduced and referred to House Rules Committee.
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House Bill 2505

Topic: 
Guardianship of a disabled adult
(David Harris, R-Mount Prospect) amends the Probate Act of 1975 affecting disabled adults. It provides 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 by court order. Just introduced and referred to House Rules Committee.
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House Bill 2504

Topic: 
Guardianship of a disabled adult
House Bill 2504 (David Harris, R-Mount Prospect) amends the Probate Act of 1975 affecting disabled adults on the length of a temporary guardianship. It provides that an extension of the guardianship may be granted, if specified conditions are met, for no longer than 90 (instead of 120) days. Provides that only one extension may be allowed from the date the temporary guardian was originally appointed. Just introduced and referred to House Rules Committee.
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Senate Bill 818

Topic: 
Mental health confidentiality

(Nybo, R-Lombard) amends the Mental Health and Developmental Disabilities Confidentiality Act. It makes records and communications made or created in the course of providing mental health or developmental disabilities services protected from disclosure regardless of whether the records and communications are made or created in the course of a therapeutic relationship. It makes an exception if "unless otherwise expressly provided for in the Act." Just introduced and referred to the Senate Committee on Assignments.

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Senate Bill 804

Topic: 
Court-services fee
(Haine, D-Alton) lifts the ceiling for the court-services fee that is now at $25. It can be increased to more than $25 if accompanied by an acceptable cost study per statute. The court-services fee is dedicated to the the county sheriff for court security and applies to civil pleadings and criminal convictions. Just introduced and referred to the Senate Committee on Assignments.
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Senate Bill 786

Topic: 
Guardianship of a minor
(Hunter, D-Chicago) amends the Probate Act of 1975. Provides that a guardianship order for a minor governing removal of the minor from the State may incorporate language governing removal of the minor from the State but only for those removals that take place within one year of the order. It must also include a provision for the guardian to provide notice to the parents of the date of removal and the residential address of the minor after removal. Just introduced and referred to the Senate Committee on Assignments.
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House Bill 1332

Topic: 
The Probate Act of 1975
(Zalewski, D-Chicago) amends the Probate Act of 1975 to authorize that a licensed clinical psychologist, in lieu of a licensed physician, may sign a report relating to the adjudication of disability if the evaluation is limited to the respondent's mental condition. Just introduced and referred to House Rules Committee.
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Senate Bill 90

Topic: 
Wills and presumptions
(Silverstein, D-Chicago) creates a rebuttable presumption that a will is void if it was executed or modified after the testator has been adjudicated disabled and the will was executed or modified without court approval. The presumption may be overcome by clear and convincing evidence that the testator had the capacity to execute the will or codicil at the time the will or codicil was executed. Just introduced and referred to the Senate Committee on Assignments.
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People v. Chenoweth

People v. Chenoweth
Illinois Supreme Court
Criminal Court
Statutes of Limitations
Citation
Case Number: 
2015 IL 116898
Decision Date: 
Friday, January 23, 2015
District: 
4th Dist.
Division/County: 
Adams Co.
Holding: 
Appellate court reversed and remanded.
Justice: 
FREEMAN
Defendant was convicted, after bench trial, of financial exploitation of an elderly person and sentenced to four years probation and ordered to pay restitution. Elderly victim did not "discover the offense", within meaning of Section 3-6(a)(2)'s extended limitations period, prior to prosecuting officer becoming aware of the offense, when it received police investigation file. This event activated Section 3-6(a)(2), and thus Defendant was indicted within that section's one-year extended limitations period. (GARMAN, THOMAS, KILBRIDE, KARMEIER, BURKE, and THEIS, concurring.)

In re Estate of Rodden

In re Estate of Rodden
Illinois Appellate Court
Civil Court
Powers of Attorney
Citation
Case Number: 
2015 IL App (1st) 140798
Decision Date: 
Monday, January 12, 2015
District: 
1st Dist.
Division/County: 
Cook Co.,1st Div.
Holding: 
Affirmed.
Justice: 
DELORT
Office of Public Guardian filed petition for guardianship over 93-year-old man whose friend and caretaker had been his POA for health care and property. After POA resigned, Public Guardian discovered that she had written $17,000 in checks to herself from ward's account. Public Guardian then filed Petition for Accounting under POA for Property. Power of Attorney Act allows guardian to proceed by petition, in the nature of third-party counterclaim brought under existing guardianship case, rather than in a new, independent proceeding. Petition is functional equivalent of a summons, commanding POA to appear and account before the court on a specified date, time, and place. (CUNNINGHAM and CONNORS, concurring.)