Elder Law

(Lang, D-Skokie) allows patients who suffer from a “debilitating medical condition” such as cancer, HIV/AIDS, or hepatitis C to use and possess small amounts of marijuana if approved by their regular physician. This three-year pilot project would make Illinois the 18th state to exempt from prosecution the use of cannabis for medical reasons. The Illinois Department of Public Health would regulate and oversee the program that allows a nonprofit dispensary to sell no more than 2.5 ounces of cannabis for a 14-day period to qualified patients. The number of dispensaries would be limited to no more than one in each of Illinois’ 59 Senate districts. It is in the House awaiting action.

(Silverstein, D-Chicago; Feigenholtz, D-Chicago) prohibits anyone but a judge from staying of enforcement or suspending an order adjudicating a person disabled and appointing a guardian pending the filing and resolution of any post-judgment motion. Effective August 24, 2012.

(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. (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.

(Sandack, R-Lombard; Mathias, R-Buffalo Grove) exempts from judgment a revocable or irrevocable trust that names the wife or husband of the insured or which names child, parent, or other person dependent upon the insured as the primary beneficiary of the trust. Effective July 1, 2012.

(Dillard, R-Westmont; McAsey, D-Lockport) amends this Act to exclude certain kinds of agreements from the Act’s regulation. Those excluded would be a financial institution named as an agent for any person if the agreement does not include a durable power of attorney that survives the incapacity of the principal. Clarifies that this kind of agreement is not a “nonstatutory property power” subject to this Act’s provisions pertaining to statutory short form powers of attorney for property such as a notary is not required to attest to the principal's signature. The drop date for the Governor to take action is August 16, 2012, and it would take effect immediately if he signs it.

(Feigenholtz, D-Chicago; Steans, D-Chicago) is supposed to eliminate Illinois’ $2.7 billion Medicaid funding gap. It repeals the compromise of the Medicaid eligibility rules negotiated last fall between the Department of Healthcare and Family Services and the Joint Committee on Administrative Rules. Some of these changes include the following: (1) A home transferred into a trust after the bill becomes law may not be considered homestead property. If the home was transferred into a trust before the bill becomes law, it prevents a person from being eligible for long-term care if the person’s equity interest in this homestead exceeds the minimum home equity as allowed under federal law. (2) People over the age of 65 can no longer participate in a federally created OBRA Pooled Trust unless the beneficiary is a ward of the county public guardian or the State guardian. These parts of this Act (in Section 75) took effect June 14, 2012.

(Silverstein, D-Chicago; Feigenholtz, D-Chicago) prohibits the staying of enforcement or suspendion an order adjudicating a person disabled and appointing a guardian pending the filing and resolution of any post-judgment motion. It still allows the judge to do this. Passed both chambers.

(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. (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) Adds criteria for the termination of the guardianship or modification of the guardian’s duties. Passed both chambers, and it has a January 1, 2013 effective date.

Senate Bill 3171 (Sullivan, D-Rushville; Brady, R-Normal) does three things if no estate is opened. (1) Clarifies that a “handling” fee may not be charged to a patient or patient’s representative under Section 8-2001.5. (2) Requires that health-care providers release this information to a patient representative as authorized under this Section. (3) Requires that a person purporting to be a patient representative certify that to be true under penalty of law. Passed both chambers. It has an immediate effective date, so it will take effect on the day the Governor signs it.