(Willis, D-Northlake) amends the Counties Code to provide that a physical or electronic image of the recorder's stamp satisfies the signature requirement for recorded instruments prior to, on, and after the effective date of the amendatory Act. Makes corresponding changes. House Bill 4845 was just introduced. An identical bill is Senate Bill 3187 (Holmes, D-Aurora).
(Morrison, D-Highwood; Koehler, D-Peoria) allows Illinois to join the majority of other states by aligning its state law with the maximum federal allowance for a community spouse whose spouse is in a nursing home. A “community spouse” is the spouse of an individual who is receiving Medicaid-funded, long-term care in an institutional setting. Illinois has frozen its rates in 2012, so our community spouses are not receiving an annual bump in their benefits as do community spouses in the rest of the country. Senate Bill 2962 is scheduled for hearing on Jan. 11, 2020 at 1:30 p.m.in the Senate Health Committee.
(Sims, D-Chicago; Ann Williams, D-Chicago) was signed into law on Aug. 13 by Governor Pritzker. It repeals the current exception to the attorney’s six-year statute of repose for estate planning work. That exception was for two years after the death of the client. Senate Bill 2179 provides for a six-year statute of repose to make it consistent with all other legal work, but it also includes a safe harbor period to ensure judicial approval of the legislation. This means that for estate planning done before the amendment’s effective date, regardless of how long ago, there would be a reasonable time period (not to exceed six years) after the statute’s effective date within which a claim could be brought to ensure claims are not abruptly terminated. It takes effect on Jan. 1, 2022.
(Holmes, D-Aurora; Kifowit, D-Aurora) amends the Illinois Notary Public Act providing requirements authorizing electronic and remote notarization and electronic notaries public. Effective on the later of: (1) January 1, 2022; or (2) the date on which the Secretary of State files with its Index Department a notice of its adoption of rules necessary to implement this Act. Some parts of the Act take effect on July 1, 2022.
(Feigenholtz, D-Chicago; Gabel, D-Evanston) removes the requirement for a witness signature on the form. It authorizes recognition of the IDPH Uniform POLST form, National POLST form, other formally sanctioned forms created in the fashion of the National POLST Paradigm, or out-of-hospital DNR orders faithfully executed in other states. Effective Jan. 1, 2022.
(Crowe, D-Maryville; Didech, D-Buffalo Grove) provides for (1) the valid execution, attestation, self-proving, and probate of electronic wills, paper copies of electronic wills, and wills attested to by witnesses through audio-video communication; and (2) the valid execution, attestation, and witnessing of documents, other than wills, through audio-visual communication. The Governor signed it yesterday, and it took effect on his signature.
(Tracy, R-Quincy; Costa-Howard, D-Lombard) is a cleanup of the adult guardianship statutes that our Elder Law Section Council has worked on over several years. Among its changes are as follows: (1) Clarifies that separate guardians may be appointed for the person and estate when both are needed as well as codifying that there may be co-guardians if the court finds it to be in the best interests of the ward. (2) Clarifies the interplay of the power of attorney and the guardianship roles. It states that a petitioner who seeks to revoke a power of attorney for the person with an alleged disability must do so in conformity with the Illinois Power of Attorney Act. (3) Codifies that guardians are entitled to reasonable compensation, subject to court approval, after the court considers a fee petition. It will also consider these fees to be first-class claims under §18-10 of the Probate Act if the ward dies. Makes other changes. Effective Jan. 1, 2022.
(Barickman, R-Bloomington; Halpin, D-Rock Island) upgrades the TODI Act since its enactment in 2012 to resolve questions or issues that have surfaced in the nine years since the Act has been used. Effective Jan. 1, 2022.
(LaPointe, D-Chicago; Feigenholtz, D-Chicago) creates the Supported Decision-Making Agreement Act. Authorizes the creation of supported decision-making agreements and allows a supporter to assist a principal with an intellectual or developmental disability in accessing, collecting, or obtaining information that is relevant to a decision authorized under the supported decision-making agreement. Passed both chambers. Effective six months after the Governor signs it.
(Costa Howard, D-Lombard; Connor, D-Crest Hill) deletes language providing that if the respondent is unable to pay the fee of the guardian ad litem or appointed counsel, or both, the court may enter an order for the petitioner to pay all such fees or such amounts as the respondent or the respondent's estate may be unable to pay. It replaces this language with the discretion of the court. Prohibits legal fees, appointed counsel fees, guardian ad litem fees, or costs from being assessed against the Office of the State Guardian, the public guardian, an adult protective services agency, the Department of Children and Family Services, or the agency designated by the Governor under the Protection and Advocacy for Persons with Developmental Disabilities Act. Passed both chambers. Effective Jan. 1, 2022.