Elder Law

(Nekritz, D-Buffalo Grove) requires that a licensee pay the actual damages (instead of the actual damages and costs and attorney's fees) to a facility resident whose rights are violated under the Act. Scheduled for hearing next Wednesday in House Judiciary Committee

(Kotowski, D-Park Ridge) amends the Counties Code to allow a county recorder to implement a county will depository. If the recorder does create a depository, it must also provide a form affidavit for a depositor of a will to file with the deposited will. States the requirements of the form affidavit. Provides for the duties of the county recorders for acceptance of wills, storage of wills, release of wills, and destruction of wills. Provides for different fees the county recorder may charge. Scheduled for hearing next Tuesday in Senate Judiciary Committee.

(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.

(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.

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.

(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.

(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.

(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.

(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.

(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.