Elder Law

(D'Amico, D-Chicago; Mulroe, D-Chicago) prohibits using a hand-held cell phone or personal digital assistant while driving. Exempts the use of a hands-free or voice-operated mode, which may include the use of a headset. It also exempts using an electronic communication device that is activated by pressing a single button to initiate or terminate a voice communication. Second or subsequent convictions are moving violations. The fine is a maximum of $75 for the first offense, $100 for the second offense, $125 for the third offense, and $150 for the fourth or subsequent offense. Effective Jan. 1, 2014.

(Greg Harris, D-Chicago; Steans, D-Chicago) was signed into law yesterday with a June 1, 2014 effective date.

(Davis, D-Hazel Crest; Clayborne, D-E. St. Louis) rewrites Illinois’ Anatomical Gift Act to make it more consistent with the core provisions of the most recent version of the Uniform Law Commission. Passed both chambers.

(Will Davis, D-Hazel Crest) rewrites the Illinois Anatomical Gift Act to establish consistency between the Act and the core provisions of the Revised Uniform Anatomical Gift Act of 2006. Scheduled for hearing in House Judiciary Committee next week.

(Silverstein, D-Chicago) disqualifies a person from serving as a guardian of the person for a disabled adult unless they have received training by the State Guardian or another suitable provider approved by the court. Exempts public guardians, state guardians, and licensed attorneys. Scheduled for hearing this Tuesday in Senate Judiciary Committee.

(Collins, D-Chicago) make a number of changes to the mortgage foreclosure article intending to better protect consumers. It also amends the Conveyances Act affecting the recording of deeds, mortgages, and other instruments. Amends the Conveyances Act. (1) Provides that those provisions also apply to the recording of assignments, mortgage releases, mortgage modifications, land equity loans, liens, lis pendens, and memoranda of judgment. (2) Changes the scope to instruments that affect interests in real property. (3) Provides that deeds and title papers are void until recorded (instead of void until recorded as to creditors and subsequent purchasers) with the recorder's office in the county in which the property is located. Just introduced.

(Flowers, D-Chicago) and House Bill 162 (Chapia LaVia, D-Aurora) makes a number of changes to the Small Estate Affidavit statute. (1) Requires that the affidavit state that the burial and funeral expenses, medical bills, credit card bills, and real property taxes (instead of funeral expenses) have been or remain to be paid. (2) Makes a number of changes if there is a surviving spouse as follows. (a) If there is a surviving spouse, and the surviving spouse is unable to prepare the small estate affidavit or has declined to do so, the affiant must state the reason that the affiant has prepared the small estate affidavit rather than the surviving spouse. (b) If the reason for the surviving spouse's inability to prepare the affidavit is medically related, a letter from the surviving spouse's physician should be attached attesting to that effect. (c) If the surviving spouse is the affiant, he or she shall affirm that he or she was not separated from the decedent (3) If there is no surviving spouse and there is one or more minor children, the affiant must be a court-appointed guardian for one or more of the children. Referred to House Rules Committee.

(Trotter, D-Chicago; Harris, D-Chicago) creates a $10 fee to be paid by civil litigants who file an appearance and defendants who are convicted or plead guilty to any felony, misdemeanor, traffic, municipal, or conservation offense to pay for the Supreme Court E-Business Plan. The E-Business Plan is to develop and maintain an automated point-of-access case and statistics management system. It will will include applications for e-filing, e-guilty, and e-signatures as well as trial court and probation data exchanges. Senate Bill 1746 is scheduled for hearing in House Judiciary Committee on Sunday, Jan. 6, 2013.

(Silverstein, D-Chicago; Feigenholtz, D-Chicago) creates a $100 fee to open a decedent's estate to fund the State Guardianship and Advocacy Commission. It exempts indigents, the State Guardian, any state agency, any local public guardian, and any state's attorney. It is unknown whether this violates the constitutional nexus between a fee and a service or whether this starts a new trend in financing state government. If constitutional, what's to prevent a new fee next year on all family law litigants to fund DCFS? (2) It also allows the court to appoint a limited guardian for a disabled adult who lacks some but not all of the required capacity. If the court finds that the ward is totally without the required capacity, it may appoint a plenary guardian. (3) It adds criteria for the termination of the guardianship or modification of the guardian's duties. Effective January 1, 2013.