Elder Law

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.

Senate Bill 3228 (Haine, D-Alton; Williams, D-Chicago) was signed into law yesterday. It is a major rewrite of the power of attorney for health care law that does the following: (1) Replaces the current notice with a new notice styled more in the FAQ format and replaces the current form with a new form. No specific format is required for the statutory health care power of attorney other than the notice must precede the form. Retains current law that authorizes principals to use other forms instead of using the new statutory one as long as they comply with Illinois law. (2) Clarifies that a witness must be at least 18 years old and that some employees who are not owners of a health care facility may serve as a witness, specifically listing chaplains or social workers, and nurses. (3) The savings clause provides that Senate Bill 3228 doesn't invalidate existing powers of attorney for health care. Effective January 1, 2015.