Elder Law

(Walker, D-Arlington Heights) amends the Illinois Banking Act and other lender statutes affecting provisions concerning customer financial records and confidentiality. It provides that the language does not prohibit the furnishing of financial information to the executor, executrix, administrator, or other lawful representative of the estate of a customer. Amends the Illinois Trust and Payable on Death Accounts Act. Provides that any holder of an account may elect a per stirpes distribution option to the descendants of a natural person beneficiary if the beneficiary predeceases the last surviving holder of the account. Amends the Financial Institutions Electronic Documents and Digital Signature Act. In provisions concerning electronic notices, provides that consent to electronic transactions given by the customer pursuant to the federal Electronic Signatures in Global and National Commerce Act shall satisfy applicable consent requirements. Amends the Probate Act of 1975. Provides that any person doing business or performing transactions on behalf of or at the direction of an executor or administrator with a will annexed shall be entitled to the presumption that the executor or administrator with the will annexed is lawfully authorized to conduct the business or perform the transaction without such person investigating the source of the authority and without verifying that the actions of the executor or administrator with the will annexed comply with a will or any order of the probate court, unless such person has actual knowledge to the contrary. It was just introduced. 

(Greg Harris, D-Chicago; Gillespie, D-Arlington Heights) starts the process of aligning Illinois law with the maximum federal allowance for a community spouse. A “community spouse” is the spouse of an individual who is receiving Medicaid-funded, long-term care in an institutional setting. 

First, it immediately increases the monthly allowance for the community spouse from $2,739 per month to the maximum amount allowed under federal law that is now $3,435. This is the income allowance for the community spouse for living expenses such as dental work, medical bills, etc.  

Second, it begins increasing at the rate of 2.5% per year for the next ten years Illinois’ Community Spouse Resource Allowance. This is the amount of resources a community spouse can keep of the couple’s own resources without affecting the nursing home spouse’s Medicaid application. At the end of the ten years Illinois’ allowance will be pegged to the maximum federal allowance for future increases.  

Third, it also allows community spouses to receive any additional increases in the community spouse resource allowance that is permitted under federal law during these ten years. Effective June 2, 2022.
 

(Davis, D-East Hazel Crest; Napoleon Harris III, D-Dolton) requires that a guardian of the person appointed in Cook County to complete a training program created under the Guardianship and Advocacy Act. Guardians in Cook County are currently exempt from this requirement. Effective Jan. 1, 2023.

(Gong-Gershowitz, D-Glenview; Fine, D-Glenview) allows an agent to present an electronic device displaying an electronic copy of an executed form as proof of the health care agency. Health care providers must accept the executed form as well. Effective Jan. 1, 2023. 

(Gong-Gershowitz, D-Glenview; Fine; D-Glenview) allows an agent to present and a health care provider to accept via an electronic device an electronic copy of an executed statutory short form as proof of the health care agency. House Bill 5047 has passed the House and is in the Senate. 

(Gong-Gershowitz, D-Glenview)  amends the Powers Of Attorney For Health Care Article of the Illinois Power of Attorney Act. Changes the statutory short form power of attorney for health care to include the option to present the form electronically as proof of agency. Provides that, if the principal has authorized the agent to present the statutory short form electronically, an attending physician, emergency medical services personnel, or health care provider shall not refuse to give effect to a health care agency if the agent presents an electronic device displaying an electronic copy of an executed form as proof of the health care agency. Makes conforming changes and requires a public information campaign by the Illinois Department of Public Health. House Bill 5047 is scheduled for hearing next Wednesday in House Judiciary Committee. 

 (Plummer, R-Edwardsville) amends the Probate Act of 1975. Provides that any person doing business or performing transactions on behalf of or at the direction of an executor or administrator with a will annexed shall be entitled to the presumption that the executor or administrator with the will annexed is lawfully authorized to conduct the business or perform the transaction without such person investigating the source of the authority and without verifying that the actions of the executor or administrator with the will annexed comply with a will or any order of the probate court, unless such person has actual knowledge to the contrary. Makes other changes. Senate Bill 3886 is still in the Committee on Assignments. 

(Cullerton, D-Villa Park) amends the Resignation And Removal Of Representative Article of the Probate Act of 1975. Provides that a guardian ad litem may be removed for good cause for: failure to comply with the duties of a guardian ad litem; committing any criminal or unlawful act that reflects adversely on the guardian ad litem's honesty, trustworthiness, or fitness as a guardian ad litem; in the performance of guardian ad litem duties, by words or conduct, manifesting bias or prejudice based upon race, color, sex, religion, national origin, disability, age, sexual orientation, or socioeconomic status; or engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation. Scheduled for hearing in Senate Judiciary Committee next Tuesday. 

(Cullerton, D-Villa Park) amends the Resignation And Removal Of Representative Article of the Probate Act of 1975. Provides that a guardian ad litem may be removed for good cause for: failure to comply with the duties of a guardian ad litem; committing any criminal or unlawful act that reflects adversely on the guardian ad litem's honesty, trustworthiness, or fitness as a guardian ad litem; in the performance of guardian ad litem duties, by words or conduct, manifesting bias or prejudice based upon race, color, sex, religion, national origin, disability, age, sexual orientation, or socioeconomic status; or engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation. Scheduled for hearing in Senate Judiciary Committee next Tuesday.