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Each year, the Illinois Chapter of the National Academy of Elder Law Attorneys honors one of its members with the Ron Runkle Award for outstanding contributions to our community. This year, as we prepare for the Spring UnProgram, we are happy to bring back this award once again.
Please take a moment to reflect on who, over the past year, has meaningfully enriched our membership by generously sharing their knowledge, insights, and experience. Your nominations are encouraged and appreciated!
Submissions should be emailed to Melissa Kallio no later than Friday, March 13, 2026. I hope you will join in recognizing the dedication and collegial spirit of your fellow IL NAELA members.
If you have not already, please be sure to register for the Spring UnProgram taking place on Friday, May 1 at the Bloomingdale Country Club. I look forward to seeing all of you there!
Here are past recipients of this prestigious award:
Gina Salamone Elizabeth Fink Linda Strohschein Avram L. Sacks Wesley J. Coulson Leonard Berg James Siebert
NAELA' s State Advocacy Committee sponsored a webinar on Recent Legislation and Administration Actions for Potential Changes in Medicaid Coverage for Older Adults presented by Alice Burns, Associate Director, Kaiser Family Foundation (KFF) Program on Medicaid and the Uninsured.
NAELA members can view the Slides here: Chapter Presidents Council - National Academy of Elder Law Attorneys Inc.
The presentation can be view on YouTube: Alice Burns Webinar with State Advocacy Committee
The NAELA Foundation is proud to announce the Future Advocates Law School Scholarship Program, an initiative designed to expand the pipeline of future elder and special needs law attorneys by investing directly in today’s law students. For the 2026–27 academic year, the Foundation will award up to four scholarships to JD students enrolled at ABA-accredited law schools who plan to take a qualifying course in elder law, disability law, or special needs planning.
Each scholarship includes:
This program is about more than financial assistance — it is about fostering early interest in a vital and growing practice area and building a more diverse, inclusive, and prepared generation of advocates for older adults and individuals with disabilities.
Application Timeline Deadline: April 1, 2026
Applicants must upload the following documents in PDF format: unofficial law school transcript, course description syllabus, professional resume, and personal statement.
Notifications: 30 days after the deadline
If you know a law student interested in elder or special needs law — or if you are one — this is an opportunity to gain meaningful academic support while connecting with the nation’s leading professional community in this field.
For more information and to apply, go to the Foundation's Law School Scholarship page.
The Illinois House Judiciary Civil Committee today advanced two Illinois Chapter of the National Academy of Elder Law Attorneys (IL NAELA) bills for consideration: Power of Attorney – Property (HB4462) and Guardian ad Litem (GAL) Substitution (HB4463). Both measures, sponsored by Representative Jennifer Gong-Gershowitz, received bipartisan support in committee.
IL NAELA Past President Melissa Johnson testified in support of both bills, helping clarify key provisions—particularly the additional burdens current law places on attorneys in the administration of Powers of Attorney. Her testimony played a critical role in building bipartisan understanding and support for HB4462.
The GAL Substitution bill (HB4463) also passed committee and may be further refined with a clarifying amendment as it moves forward in the legislative process.
Representative Ann Williams also spoke in support of the legislation, sharing personal insight into her family’s experience navigating Powers of Attorney. She emphasized the need to reduce practical burdens families face when managing these important legal documents in real-world situations.
Please join us in congratulating IL NAELA member Dawn Weekly on her appointment as Public Administrator and Public Guardian of Iroquois County.
This important role reflects Dawn’s dedication to public service and her commitment to protecting and advocating for some of the states most vulnerable residents. Her experience, professionalism, and compassion will serve the people of Iroquois County well in this capacity. Dawn has been a member of IL NAELA since 2007, served as the President in 2021 along with volunteering on many committees and on the board of directors for many years.
We are proud to recognize Dawn’s achievement and wish her continued success as she takes on this meaningful responsibility.
Press Release: Public Administrators and Public Guardians
Dawn Weekly will serve as the Public Administrator and Public Guardian of Iroquois County.* Weekly is currently Attorney at Law at the Legacy Law Firm, LLC, where she has served for over 15 years. Previously, she was Associate Attorney at Law Elder Law, a division of Law Hesselbaum, LLP, where she specialized in estate planning and veterans’ assistance, preparing and filing claims to help veterans receive pension benefits. Additionally, Weekly previously served as Prehearing Attorney for the Michigan State Court of Appeals, where she conducted research related to legal issues, prepared a judicial report, and managed civil issues including negligence, medical malpractice, property, tax, age discrimination, and insurance. She also handled criminal defense in the divisions of misdemeanors, DUI and traffic, and prepared appellate briefs while completing a Summer Clerkship for the Office of the State Appellate Defender, Third District of Illinois. Weekly holds memberships in several professional organizations, including the National Academy of Elder Law Attorneys, where she previously served as President of the Illinois Chapter. Weekly earned her Bachelor of Science in Management from Columbia College Chicago and her Juris Doctorate from Northern Illinois University College of Law.
ILNAELA Legislative Committee update.
The Legislative Committee members have been very active over the past several months, have met weekly and continue to monitor numerous bills covering a variety of subject matter areas impacting our clients. As the first part of the 2024 legislative session has ended, we wanted to give you an update of some of the highlights and the Legislative Committee’s activities during the current legislative session.
Executive SummaryThere are budget constraints, but the legislative session focused on providing healthcare for the most vulnerable and making healthcare more accessible through substantial insurance reforms.
Budget ImpactsPersonal needs allowance for residents of Supportive Living Facilities will increase from $90 to $120.
The caregiver rate for direct care providers for DD waivers increased by $1 per hour.
SB 3421 (Sen. Gillespie): Power of Attorney—NAELA drafted, negotiated and passed.Over the course of 18 months our lobbyists and committee members negotiated with banks (credit unions, large and community banks) to find common ground and pass an agreed bill. The bill is intended to assist bank employees and protect POAs by giving clear grounds for rejecting or accepting a POA.
Amends the Illinois Power of Attorney Act. Makes it unlawful for a third party to unreasonably refuse to honor a statutory short form power of attorney properly executed in accordance with the laws in effect at the time of its execution. Provides that it is unreasonable for a third party to refuse to honor a statutory short form power of attorney properly executed in accordance with the laws in effect at the time of its execution, if the only reason for the refusal is any of the following: (1) the power of attorney is not on a form the third party receiving such power prescribes regardless of any form the terms of any account agreement between the account holder and third party requires; (2) there has been a lapse of time since the execution of the power of attorney; (3) on the face of the statutory short form power of attorney, there is a lapse of time between the date of acknowledgment of the signature of the principal and the date of the acceptance by the agent; (4) the document provided does not bear an original signature, original witness, or original notarization but is accompanied by an attorney-certified copy; or (5) the document appoints an entity as the agent. Senate Committee Amendment No. 2: Replaces everything after the enacting clause with the following. Amends the Illinois Power of Attorney Act. Provides that it is unreasonable for a third party to refuse to honor an Illinois statutory short form power of attorney properly executed in accordance with the laws.
SB 2758- Senator Karina Villa- Marriage under Guardianship- The Guardianship and Advocacy Commission is behind this bill and the goal of this bill is to make it easier for persons under guardianship to marry. GAC rationale for pushing this bill is their contention that the In Re: The Estate of John McDonald, case established new law for persons under guardianship. GAC was contending that as long as a guardian had remedies to invalidate or dissolve a marriage, the court should not need to grant permission prior to the marriage. We had several meetings with both GAC and Senator Villa and other stakeholders regarding this bill and raised multiple concerns including the impact of marriage on public benefits, the impact on estate planning and potential financial exploitation. In addition, we presented alternative language that was rejected by both GAC and Senator Villa. The bill was called for a hearing on March 21 and Melissa Johnson testified in opposition to the bill on behalf of ILNAELA. We helped stop the bill in the Senate. We expect this issue to come back in 2025 and expect to be engaging with stakeholders prior to the session beginning next year.
Probate-Marriage of WardBill up for consideration • Senate JudiciaryMar 20, 2024 04:00pm409 Capitol Springfield, ILSenate Calendar: Regular Session Senate Calendar on 03/20/2024Position: 67Amends the Probate Act of 1975. Allows a ward in guardianship to marry if the ward understands the nature, effect, duties, and obligations of marriage. Provides that prior consent of the guardian of the person or estate or approval of the court is not required for the ward to enter into a marriage. Provides that a guardian may contest the validity of a marriage under the Illinois Marriage and Dissolution of Marriage Act. Statutes affected:Introduced: 755 ILCS 5/11
HB 4444 (Rep. Ness). Marriage of WardInitiative of Rep. Ness in response to an older adult with dementia who was taken advantage of through a marriage he could not consent to. He passed away before the family could intervene.
Lobbyists and NAELA Legislative Committee members engaged with Rep. Ness and support this approach. Will continue working with sponsor over summer/fall to assist in these efforts.
Requires the form for an application for a marriage license to include whether either party is under a court-ordered guardianship in any State in the United States. Provides that a county clerk shall issue a license to marry and a marriage certificate form, among other requirements, upon being furnished satisfactory proof that neither party to the marriage is under a court-ordered guardianship, or that if at least one party is under a court-ordered guardianship, there has been a judicial determination that the marriage is in the best interests of the person or persons under court-ordered guardianship. Amends the Guardians For Adults With Disabilities Article of the Probate Act of 1975. Requires the court, when determining whether a marriage is in the best interests of a ward, to follow (rather than consider) specified standards. Provides that if a best interests hearing is not held before a judicial officer prior to a ward entering into marriage, then the marriage is without legal effect and void ab initio.
SB 2663 (Senator Feigenholz) and HB 4275 (Rep. LaPointe) -SDM Bill- This is another bill initiated by the IGAC. This bill would expand Supported Decision-Making agreements to populations beyond individuals with intellectual or developmental disabilities. In addition, the original version of this bill would amend the Health Care Surrogate Act to allow the supporter to be as the surrogate decision-maker. Since the initial SDM bill was passed two years ago, there is really no data to ascertain if these agreements really work. Unlike several other states, Illinois does not have any pilot projects in the works where training professionals would be able to assist both principals and supporters with SDM agreements. Our lobbyists worked with Senate and House legal staff as well as the sponsors to detail the problems with the bill. We also have participated in multiple meetings with GAC as the bill was very confusing. Through our efforts, the bills were not called for a vote. We expect this issue to resurface in 2025 and to be part of discussions prior to the next legislative session.
Supported Decision-MakingAmends the Probate Act of 1975. Provides that upon the filing of a petition by a reputable person or by the alleged person with a disability himself or on its own motion, the court may adjudge a person to be a person with a disability, but only if it has been demonstrated by clear and convincing evidence that the person is a person with a disability and the person cannot be supported through a supported decision-making agreement. Provides that at the time of the appointment of a guardian the court shall inform the ward of his right to petition for termination of an adjudication of disability using a supported decision-making agreement. Makes other changes. Amends the Supported Decision-Making Agreement Act. Changes the definition of "principal" to mean an adult (rather than an adult with intellectual or developmental disabilities) who seeks to enter, or has entered, into a supported decision-making agreement with a supporter. Allows a principal to elect to nominate the supporter as the principal's health care surrogate and may act as the principal's health care surrogate when the standards set forth in the Health Care Surrogate Act have been met. Makes conforming changes. Amends the Health Care Surrogate Act. Provides that a supporter designated under a supported decision-making agreement has second priority to make decisions on behalf of a patient. Statutes affected:
Introduced: 755 ILCS 5/11, 755 ILCS 9/5, 755 ILCS 9/10, 755 ILCS 9/45, 755 ILCS 9/50, 755 ILCS 40/25
HB 4884 (Rep. Costa Howard): Guardianship guardrailsLobbyists and NAELA legislative committee members engaged on improving the introduced bill and attending all meetings and hearings on the bill. More work is ongoing and expect this bill to be filed in 2025 with changes.
Amends the Probate Act of 1975. Provides that if guardianship is necessary and the petition for guardianship is filed by a person, corporation, nonprofit organization, or other entity with no legally recognized relationship to the alleged person with a disability, the court shall appoint the county public guardian as temporary and permanent guardians.
SB 3723 (Sen. Lightford)/HB 5012 (LaPointe) replaced by HB 5151 (Rep. Stava Murray-Sen. Lightford)This bill would add a considerable number of protections for nursing home residents in a variety of situations including involuntary discharges and refusals for readmission.
NAELA strongly supports this bill as it would be very beneficial to nursing home residents.
Amends the Assisted Living and Shared Housing Act. Provides that the assessment conducted upon the identification of a significant change in the resident's condition shall include, but shall not be limited to, a diagnosis of Alzheimer's disease or a related dementia. Provides that a written service plan shall be based upon the assessment, the resident's interests and preferences, dislikes, and any known triggers for behavior that endangers the resident or others (rather than only the assessment). Requires the resident and the resident's representative to be given a copy of the most recent assessment, a supplemental assessment, and a service plan. Requires an establishment to notify the resident and the resident's representative when there is a significant change in the resident's condition that affects the establishment's ability to meet the resident's needs. Prohibits an establishment from terminating or reducing any service without the consent of the resident or the resident's representative for the purpose of making it more difficult or impossible for the resident to remain in the establishment. Provides that an establishment may not initiate a termination of residency due to an emergency situation if the establishment is able to safely care for the resident and (1) the resident has been hospitalized and the resident's physician, the establishment's manager, and the establishment's director of nursing state that returning to the establishment would not create an imminent danger of death or serious physical harm to the resident; or (2) the emergency can be negated by changes in activities, health care, personal care, or available rooming accommodations, consistent with the license and services of the establishment. Provides that a resident has the right to not be unlawfully transferred or discharged. Makes other changes. Amends the Nursing Home Care Act. Prohibits a resident from being transferred or discharged in violation of the Act. Provides that a resident has the right not to be unlawfully transferred or discharged. Provides that a facility that fails to comply with an order to readmit a resident who wishes to return to the facility and is appropriate for that level of care and services provided, shall be assessed a $2,500 fine. Requires a facility that complies with an order to readmit a resident that has been deemed to have been unlawfully discharged to notify the Department of Public Health within 10 business days that the resident has been readmitted to the facility. Provides that a facility may involuntarily transfer or discharge a resident because the facility is unable to meet the medical needs of the resident, as documented in the resident's clinical record by the resident's physician for medical reasons. Provides that the Department maintains jurisdiction over the transfer or discharge irrespective of the timing of the notice and discharge. Provides that if the Department determines that a transfer or discharge is not authorized, then the Department shall issue a written decision stating that the transfer or discharge is denied.
SB 3499 (Sen. Holmes): End of life optionsNAELA members are engaged in a larger coalition seeking to finalize language that is passable. The bill may be called in late 2024 or in 2025 session. ILNAELA has not taken a position on this bill and has been monitoring the progress.
SB 3513 (Sen. Rose): Notary exam exemption for attorneys/judgesNAELA supported by witness slips and lobbying.
Provides that an applicant to renew an appointment as a notary public or as an electronic notary public is not required to complete a course of study or pass an examination if the applicant is a licensed attorney or judge or employed by a licensed attorney or the court.
The members of the 2023 general assembly passed over 500 bills. The NAELA team tracked just shy of 60 bills and where actively engaged in drafting, targeting policy concerns, revising language and coalition building for various pieces of legislation. NAELA also introduced power of attorney legislation providing that no person in the state shall refuse without reasonable cause a statutory short form power of attorney which is properly executed. Despite having a strong sponsor, this legislation had strong opposition so the team will continue to work on this initiative this upcoming legislative session.
2023 ELDER LAW PUBLIC ACTS THAT ARE NOW IN EFFECT:
Budget Bill - Public Act 103-0006
Effective Immediately - Articles 1-21, Articles 125-127, and Articles 151-161
Effect July 1, 2023 - Articles 22-124, Articles 128-150, and Articles 162-998.
LONG TERM CARE OMBUDSMAN INFO - Public Act . . . . . . . . . 103-0119
IDPH-MEDICAID FEES - Public Act . . . . . . . . . 103-0127
DISTRESSED FACILITY CRITERIA - Public Act . . . . . . . . . 103-0139
Able Account Program: Public Act . . . . . . . . . 103-0256
NURSING HOMES-DIRECTORY: Public Act . . . . . . . . . 103-0102
POWER OF ATTY-VISITATION: Public Act . . . . . . . . . 103-0055
GUARDIANSHIP-DEMENTIA TRAINING: Public Act . . . . . . . . . 103-0064
BILLS PENDING GOVERNOR SIGNATURE:
Note that any bill that is not signed or vetoed by the Governor within 60 calendar days after it is presented to him shall become law.
Bill
Title/ Summary
Bill Status
IL 103rd HB 2858
ADULT PROTECTIVE SERVICES
Amends the Adult Protective Services Act. Excludes from the definition of "mandated reporter" the State Long Term Care Ombudsman and the Ombudsman's representatives or volunteers when such persons are prohibited from making a report under a federal regulation.Statutes affected: Introduced: 320 ILCS 20/2Engrossed: 320 ILCS 20/2 Enrolled: 20 ILCS 105/4, 320 ILCS 20/2, 320 ILCS 20/4, 320 ILCS 20/5, 320 ILCS 20/8
House • Jun 22, 2023: Sent to the Governor
IL 103rd HB 1268
PROBATE-EXECUTOR
Amends the Probate Act of 1975. Provides that a person who has been convicted of a felony is qualified to act as an executor if: (i) the testator names that person as an executor and expressly acknowledges in the will that the testator is aware that the person has been convicted of a felony; and (ii) the person is otherwise qualified to act as an executor.Statutes affected: Introduced: 755 ILCS 5/6Engrossed: 755 ILCS 5/6 Enrolled: 755 ILCS 5/6
House • Jun 16, 2023: Sent to the Governor
IL 103rd HB 1367
CREMATORY REGULATION-REMAINS
Amends the Crematory Regulation Act. Provides that a "temporary container" is, among other things, a single container of sufficient size to hold cremated remains only until an urn is acquired. Provides that a funeral director (rather than a crematory authority or authorizing agent) has responsibilities specified throughout the Act. Provides that a crematory authority shall not cremate human remains until it has received, among other things, the name of the funeral establishment or cemetery (rather than the person) authorized to receive the cremated remains from the crematory authority and the manner in which final disposition of the cremated remains is to take place, whether it be burial, entombment, or inurnment in a cemetery. Provides that cremated remains must (rather than may) be disposed of by placing them in a grave, crypt, or niche in a designated cemetery. Removes language authorizing a crematory authority to dispose of cremated remains in a specified manner if the authorizing agent has not, within 60 days following the date of the cremation, instructed the crematory authority to arrange for the final disposition of the remains or claimed the remains. Removes language allowing for the disposal of cremated remains commingled with those of another person when scattering cremated remains at sea, by air, or in an area located in a dedicated cemetery and used exclusively for those purposes. Provides that an authorizing agent has the right to request and retain up to 8 ounc...
IL 103rd SB 195
PROBATE-GUARDIAN APPOINTMENT
Amends the Probate Act of 1975. Provides that no petition for the appointment of a guardian of a minor shall be filed if the primary purpose of the filing is to reduce the financial resources available to the minor in order to cause the minor to qualify for public or private financial assistance from an educational institution. Allows the court to deny such a petition if it finds that the primary purpose of the filing is to enable the minor to declare financial independence so that the minor may obtain public or private financial assistance from an educational institution or a State or federal student financial aid program.Statutes affected: Introduced: 755 ILCS 5/11Engrossed: 755 ILCS 5/11 Enrolled: 755 ILCS 5/11, 815 ILCS 616/10, 815 ILCS 616/15, 815 ILCS 616/20, 815 ILCS 616/25, 815 ILCS 616/30, 815 ILCS 616/40, 815 ILCS 616/90
Senate • Jun 16, 2023: Sent to the Governor
IL 103rd SB 1497
NURSING HOMES-RESIDENT CONSENT
Amends the Nursing Home Care Act. Provides that "emergency" means a situation, physical condition, or one or more practices, methods, or operations that present imminent danger of death or serious physical or mental harm to residents of a facility and that are clinically documented in the resident's medical record (rather than only a situation, physical condition or one or more practices, methods or operations that present imminent danger of death or serious physical or mental harm to residents of a facility). Requires the need for positioning devices to be demonstrated and documented in the resident's care plan. Requires that assessment to be revisited in every comprehensive assessment of the resident. Provides that psychotropic medication shall be administered to a resident only if clinical documentation in the resident's medical record supports the benefit of the psychotropic medication over contraindications related to other prescribed medications and supports the diagnosis of the resident. Provides that, notwithstanding any other provision of law, if a resident is in a state of emergency, the emergency shall be clinically documented in the resident's medical record.Statutes affected: Introduced: 210 ILCS 45/1, 210 ILCS 45/2, 210 ILCS 45/3Engrossed: 210 ILCS 45/1, 210 ILCS 45/2 Enrolled: 210 ILCS 45/1, 210 ILCS 45/2
IL 103rd HB 2269
ELECTRONIC NONTEST ESTATE DOCS
Amends the Electronic Wills and Remote Witnesses Act. Changes the short title of the Act to the Electronic Wills, Electronic Estate Planning Documents, and Remote Witnesses Act. Defines "electronic", "information", "nontestamentary estate planning document", "person", "record", "security procedure", "settlor", "sign", "state", "terms of trust", "trust instrument", and "will". Creates the Electronic Nontestamentary Estate Planning Documents Article. Sets forth provisions related to: construction; scope; principles of law and equity; use of an electronic record or signature; recognition of an electronic nontestamentary estate planning document and electronic signature; attribution and effect of an electronic record and electronic signature; notarization and acknowledgment; witnessing and attestation; retention of an electronic record; certification of a paper copy; admissibility in evidence; relation to the Electronic Signatures in Global and National Commerce Act; application; and severability. Makes conforming changes in the Probate Act of 1975. Effective January 1, 2024.Statutes affected: Introduced: 755 ILCS 5/1, 755 ILCS 5/8, 755 ILCS 6/1, 755 ILCS 6/11Engrossed: 755 ILCS 5/1, 755 ILCS 5/8, 755 ILCS 6/1, 755 ILCS 6/11 Enrolled: 755 ILCS 5/1, 755 ILCS 5/8, 755 ILCS 6/1, 755 ILCS 6/11
House • Jun 15, 2023: Sent to the Governor
IL 103rd HB 2100
CRIM CD-ELDER ABUSE-EXPLOIT
Amends the Criminal Code of 2012. In the statute concerning abuse or criminal neglect of a long term care facility resident, changes references to "an elderly person's or person with a disability's life" to references to "a resident's life". In the statute concerning financial exploitation of an elderly person or a person with a disability, provides that a person who violates the provisions is guilty of a Class 1 felony if the elderly person is 70 years of age or older (instead of "over 70 years of age") and the value of the property is $15,000 or more.Statutes affected: Introduced: 720 ILCS 5/12, 720 ILCS 5/17, 720 ILCS 5/16Engrossed: 720 ILCS 5/12, 720 ILCS 5/17, 720 ILCS 5/16 Enrolled: 720 ILCS 5/12, 720 ILCS 5/17, 720 ILCS 5/16
House • Jun 09, 2023: Sent to the Governor
IL 103rd SB 2123
COUNSELING COMPACT
Creates the Counseling Compact Act. Provides that the State of Illinois enters into the Counseling Compact. Specifies that the Compact's purpose is to facilitate interstate practice of licensed professional counselors with the goal of improving public access to professional counseling services. Sets out provisions concerning the privilege to practice, obtaining a new home state license, active duty military personnel, telehealth, adverse actions, Counseling Compact Commission, data systems, rulemaking, oversight, dispute resolution, and enforcement. Contains other provisions concerning the Commission, the Compact, and the procedures governing participating in and construction of the Compact. Amends the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act. Requires the Professional Counselor Licensing and Disciplinary Board to submit a report to the General Assembly with recommendations of any statutory changes and budgetary changes needed to comply with the requirements of the Counseling Compact. Requires the Board and Department of Financial and Professional Regulation to modify, if needed, Board and Department rules to comply with the requirements of the Counseling Compact. Provides that the changes to the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act are effective immediately.Statutes affected: Introduced: 225 ILCS 107/12Engrossed: 225 ILCS 107/12 Enrolled: 5 ILCS 20/2, 5 ILCS 20/4, 10 ILCS 5/1, 10 I...
Senate • Jun 07, 2023: Sent to the Governor
SB 3132 - DHS-HOME SERVICES PROGRAM – NAELA MONITORED
Legislative Champion: Sen. Laura Fine (D) / Rep. Kelly Cassidy (D)
Status: Passed Both Houses, pending Governor’s signature
Legislation Synopsis: Amends the Rehabilitation of Persons with Disabilities Act. In provisions concerning the Department of Human Services' Home Services Program, provides that subject to federal approval the Department shall allow a recipient's spouse to serve as his or her provider of personal care or similar services. Effective immediately. Statutes affected: Introduced: 20 ILCS 2405/3Engrossed: 20 ILCS 2405/3, Enrolled: 20 ILCS 2405/3
Effective: Immediately
Public Act 102-0826
HB 4366 - GUARDIAN APPOINTMENT-TRAINING- NAELA MONITORED
Legislative Champion: Rep. William Davis (D) / Sen. Don Harmon (D)
Legislation Synopsis: Amends the Guardians For Adults With Disabilities Article of the Probate Act of 1975. Removes a provision that exempts a guardian of the person appointed in a county with a population of more than 3,000,000 from completing a training program created under the Guardianship and Advocacy Act.Statutes affected: Introduced: 755 ILCS 5/11Engrossed: 755 ILCS 5/11, Enrolled: 755 ILCS 5/11
Effective: January 1, 2023
Public Act 102-0770
SB 702 - SR HOUSING RESIDENTS COUNCIL – NAELA MONITORED
Legislative Champion: Sen. Mike Simmons (D) / Rep. Chris Welch (D)
Legislation Synopsis: Amends the Senior Citizens Real Estate Tax Deferral Act. Makes a technical change in a Section concerning the short title.Statutes affected: Introduced: 320 ILCS 30/1Engrossed: 20 ILCS 105/4, Enrolled: 20 ILCS 105/4
Effective: Upon Becoming Law
Public Act 102-0986
SB 1041- DHFS-REPORT-HEALTHCHOICE IL – NAELA MONITORED
Legislative Champion: Sen. Napolean Harris (D) / Rep. Chris Welch (D)
Status: Passed Both Houses, pending Governor’s Signature
Legislation Synopsis: Amends the Illinois Public Aid Code. Makes a technical change in a Section concerning supportive living facilities. Statutes affected: Introduced: 305 ILCS 5/5Engrossed: 305 ILCS 5/5
SB 1405 - MEDICAL PATIENT RTS-VISITATION – NAELA MONITERED
Legislative Champion: Sen. Dan McConchie (R) / Rep. Chris Bos (R)
Bill aims to protect residents from visitation restrictions in the event of another disaster proclamation.
Legislation Synopsis: Authorizes a skilled nursing home, extended care facility, or intermediate care facility to prohibit an individual from visiting a resident or patient of the nursing home or facility if specific facts demonstrate that the individual would endanger his or her physical health or safety or the health or safety of a resident, patient, or health care worker of the nursing home or facility. Requires such a denial to be in writing and provided to the individual and the resident or patient with whom the individual was denied visitation. Requires each skilled nursing home, extended care facility, and intermediate care facility to inform each resident of the nursing home or facility (or that individual's representative) of the resident's visitation rights and the facility's visitation-related policies and procedures. Specifies that these nursing homes and facilities must not restrict, limit, or otherwise deny visitation privileges on the basis of race, color, national origin, religion, sex, gender identity, sexual orientation, or disability. Requires the nursing homes and facilities to ensure that all visitors enjoy full and equal visitation privileges, consistent with the residents' preferences
Public Act 102-0989
SB 1975 - PROP TX-HOMESTED-DISABILITIES – NAELA MONITORED
Legislative Champion: Sen. Robert R. Martwick (D) / Rep. Michelle Mussman (D)
This bill makes it easier for older adults and people with disabilities in Cook County to receive and maintain property tax benefits by providing for automatic annual renewal of the Persons with Disabilities Exemption and streamlines benefits for low-income seniors.
Legislation Synopsis: Amends the Property Tax Code. Provides that the chief county assessment officer in a county of more than 3,000,000 residents, and in any other county where the county board has authorized such action by ordinance or resolution, may automatically renew the homestead exemption for persons with disabilities without application for any person who applied for the exemption and presented a Disability Identification Card stating that the claimant is under a Class 2 disability.Statutes affected: Introduced: 35 ILCS 200/15Engrossed: 35 ILCS 200/15, Enrolled: 20 ILCS 2505/2505, 35 ILCS 200/9, 35 ILCS 200/15, 35 ILCS 200/18, 105 ILCS 5/17, 320 ILCS 30/3
Public Act 102-0895
SB 3007 - SOS-DRIVERS OMNIBUS – NAELA MONITORED
Legislative Champion: Sen. Ram Vilivalam / Rep. Michael Kelly (D)
The bill provided requirements concerning probate court notification to the secretary of State in limited and plenary guardianship cases.
Legislation Synopsis: Amends the Illinois Vehicle Code. Provides that the Secretary of State is authorized to suspend or revoke the driving privileges of any person without a preliminary hearing upon a showing of the person's records or other sufficient evidence that the person has committed an out-of-State offense similar to the Illinois prohibition on the unlawful use of a license, has possessed cannabis while under 21 years of age, or has provided false information about his or her age to a cannabis establishment. Provides that driver rehabilitation specialists or programs are permitted to give driving instruction without being issued a license, except when the client of the specialist or program has never held a driver's license. Changes the implementation date concerning changes to the Secretary of State's requirements regarding the posting of certain information to the Commercial Driver's License Information System from June 22, 2021 to June 23, 2025. Provides that an individual shall be disqualified from operating a commercial motor vehicle for life if that individual uses a commercial motor vehicle in the commission of a felony involving an act or practice of severe forms of human trafficking. Amends the Probate Act of 1975. Provides requirements concerning probate court notifications to the Secretary of State in limited and plenary guardianship cases. Statutes affected: Introduced: 625 ILCS 5/6, 755 ILCS 5/11Engrossed: 625 ILCS 5/6, 755 ILCS 5/11 Enrolled: 625 ILCS 5/6, 755 ILCS 5/11
Public Act 102-0749
SB 3174 - RUUPA-PROP AMOUNT-AFFIDAVIT – NAELA MONITORED
Legislative Champion: Sen. Sara Feigenholtz (D) / Rep. Stephanie Kifowit
Legislation Synopsis: Amends the Revised Uniform Unclaimed Property Act. Allows the administrator to deliver property or pay the amount owing to a person without the person filing a claim if the value of the property that is owed the person is $5,000 (rather than $2,000) or less. Allows the administrator to waive a specific requirement and pay or deliver property directly to a person if the property has a value of less than $2,000 (rather than $500). Allows an heir or agent who files an unclaimed property claim in which the decedent's property does not exceed $250 (rather than $100) to submit an affidavit attesting to the heir's or agent's capacity to claim in lieu of submitting a certified copy of the will to verify a claim. Provides that an affidavit is not required to include a copy of the decedent's death certificate if other evidence of the death of the owner is available. Makes conforming changes. Effective immediately. Statutes affected: Introduced: 765 ILCS 1026/15Engrossed: 765 ILCS 1026/15, Enrolled: 765 ILCS 1026/15
Public Act 102-0835
Due to the lasting effects of the pandemic and this year being an election year, the session was shortened, beginning on January 4, 2022, and ending on the morning of April 9, 2022. In this short session, the legislature passed a balanced budget which was signed by the governor on April, 19,2020, increased the state’s fiscal stability, expanded healthcare access and affordability, invested in significant increases in equity, violence prevention, education, and public safety.
NAELA and the Lobbyist team followed over 70 bills which had the potential of affecting elder law practice, helping seniors, or affecting them. Of those 70 bills, NAELA board members and lobbyists helped draft, offered elder attorney expert analysis, expressed support, and monitored the following 14 pieces of legislation. These 14 bills have passed both the house and the senate and are pending to be signed by the governor.
LEGISLATION
HB 4343 -DHFS-ESTATE RECOVERY WAIVERS – NAELA SUPPORTED
Legislative Champion: Rep. Greg Harris (D) / Sen. Ann Gillespie (D)
Status: Passed Both Houses, pending governor’s signature
This bill was amended during session to be the Medicaid Omnibus bill which the Medicaid working group puts together every year. This bill included the Community Spouse language that NAELA board members and the lobbying team helped draft and introduce.
Community Spouse Legislation Synopsis: Subject to federal approval, beginning January 1, 2023, the community spouse resource allowance shall be established and maintained as follows: a base amount of $109,560 plus an additional amount of $2,784 added to the base amount each year for a period of 10 years commencing with calendar year 2024 through calendar year 2034. In addition to the base amount and the additional amount shall be any increase each year from the prior year to the maximum resource allowance permitted under Section 1924(f)(2)(A)(ii)(II) of the Social Security Act. Subject to federal approval, beginning January 1, 2023 the community spouse resource allowance shall be established and maintained at the maximum amount permitted under Section 1924(f)(2)(A)(ii)(II) of the Social Security Act, as now or hereafter amended, or an amount set after a fair hearing. Subject to federal approval, beginning January 1, 2023 the community spouse resource allowance shall be established and maintained at the higher of $109,560 or the minimum level permitted pursuant to Section 1924(f)(2) of the Social Security Act, as now or hereafter amended, or an amount set after a fair hearing, whichever is greater The monthly maintenance allowance for the community spouse shall be established and maintained at the maximum amount higher of 2,739 per month or the minimum level permitted pursuant to Section 1924(d)(3)(C) of the Social Security Act, as now or hereafter amended, or an amount set after a fair hearing, whichever is greater. Subject to the approval of the Secretary of the United States Department of Health and Human Services, the provisions of this Section shall be extended to persons who but for the provision of home or community-based services under Section 4.02 of the Illinois Act on the Aging, would require the level of care provided in an institution, as is provided for in federal law.
Effective Date: January 1, 2023
Public Act 102-1037
HB 4979 - PREPAID FUNERAL/BURIAL – NAELA SUPPORTED
Legislative Champion: Rep. Natalie Manley (D) / Sen. John Connor (D)
NAELA members and lobbyist worked with various stakeholders. They provided analysis and worked on drafting the legislation which allows the owner of a whole life insurance policy, when obtaining favorable consideration for Medicaid to make an irrevocable assignment of all or a part of his or her rights under the policy to a funeral home in accordance with a specified provision of the Illinois Funeral or Burial Funds Act.
Legislation Synopsis: Amends the Illinois Insurance Code. Provides that an insured or any other person who may be the owner of rights under a policy of life insurance may make an irrevocable assignment of all or a part of his or her rights under the policy to a funeral home in accordance with a specified provision of the Illinois Funeral or Burial Funds Act. Provides that a policy owner who executes a designation beneficiary form irrevocably waives and cannot exercise certain rights. Amends the Illinois Funeral or Burial Funds Act. In a provision concerning pre-need contracts funded through the purchase of a life insurance policy or tax-deferred annuity contract, provides that nothing shall prohibit the purchaser from irrevocably assigning ownership of the policy or annuity to a person or trust or from irrevocably assigning the benefits of the policy or annuity to a funeral home for the purpose of obtaining favorable consideration for Medicaid, Supplemental Security Income, or another public assistance program. Requires the insured or any other person who may be the owner of rights under the policy of whole life insurance to sign a guaranteed pre-need contract with the provider that describes the cost of the goods and services to be provided upon the person's death, up to $6,774, except that any portion of a contract that clearly represents the purchase of burial space is exempt regardless of value. Amends the Aid to the Aged, Blind or Disabled Article of the Illinois Public Aid Code. In a provision requiring the Department of Human Services to exempt certain prepaid funeral or burial contracts from consideration when making an eligibility determination for medical assistance, provides that at any time after submitting an application for medical assistance and before the Department makes a final determination of eligibility, an applicant may use available resources to purchase one of the exempted prepaid funeral or burial contracts. Exempts up to $6,774 (rather than $5,874) in funds under an irrevocable prepaid funeral or burial contract when determining an individual's resources and eligibility for medical assistance. Contains provisions concerning exemptions; irrevocable designation of beneficiary forms; and other matters.
Effective Date: Immediately
Public Act 102-0959
HB 5047 - POWER OF ATTORNEY-SHORT FORM – NAELA SUPPORTED
Legislative Champion: Rep. Jennifer Gong-Gershowitz (D) / Sen. Laura Fine (D)
NAELA board members and lobbyist provided the sponsor of the bill insightful analysis as to the possible effects of the legislation and expressed support.
Legislation Synopsis: Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Requires the Department of Public Health to post on its website information regarding the physical or electronic possession of a statutory short form power of attorney for health care. Requires the Department to create an information campaign regarding the changes made by the amendatory Act. 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. Requires any person or entity that provides a statutory short form to the public to post information on its website regarding the changes made by the amendatory Act for a period of 2 years. Makes conforming changes.Statutes affected: Introduced: 20 ILCS 2310/2310, 755 ILCS 45/4Engrossed: 20 ILCS 2310/2310, 755 ILCS 45/4 Enrolled: 755 ILCS 45/4
Public Act 102-0794
HJR 23 - IL ABLE PROGRAM-SUPPORT – NAELA SUPPORTED
Legislative Champion: Francis Ann Hurley (D) / Sen. Laura Fine (D)
NAELA board members and Lobbyist expressed support.
Legislation Synopsis:Encourages State agencies and departments to continue their efforts to train staff and share information about Illinois ABLE to the beneficiaries they serve.
SB 1633 - NURSING HOMES-RESIDENT RIGHTS – NAELA SUPPORTED
Legislative Champion: Sen. Karina Villa (D) / Rep. Joyce Mason (D)
NAELA board members and Lobbyist expressed Support.
Legislation Synopsis: Amends the Nursing Home Care Act. Provides that residents shall have the right to be treated with courtesy and respect for their individuality by employees or persons providing medical services or care, and shall have their human and civil rights maintained in all aspects of medical care. Provides that all applicable rights under the Medical Patient Rights Act apply to residents under the Act. Provides that residents shall not perform labor or services for a facility unless those activities are included for therapeutic purposes and appropriately goal-related in the resident's individual medical record. Provides that every acute care inpatient facility, community-based residential program, and facility employing more than 2 people that provide outpatient mental health services shall have a written internal grievance procedure that, at a minimum: (1) sets forth the process to be followed; (2) specifies time limits, including time limits for facility response; (3) provides for the patient to have the assistance of an advocate; (4) requires a written response to written grievances; and (5) provides for a timely decision by an impartial decision maker if the grievance is not otherwise resolved. Makes other changes.Statutes affected: Introduced: 210 ILCS 45/2Engrossed: 210 ILCS 45/2, 210 ILCS 45/3 Enrolled: 210 ILCS 45/2, 210 ILCS 45/3
Public Act 102-1080
SB 3786 - STATE TREASURER-ABLE ACCOUNTS – NAELA SUPPORTED
Legislative Champion: Sen. Laura Ellman (D) / Rep. Dagmara Avelar (D)
Legislation Synopsis: Amends the State Treasurer Act. In provisions concerning the ABLE account program, provides that a "designated representative" means a person or entity (currently, person only) who is authorized to act on behalf of a "designated beneficiary". Provides that a designated representative must provide certification, subject to penalties of perjury, of the basis for the person's authority to act as a designated representative and that there is no other person or entity with higher priority to establish the ABLE account. Removes provisions allowing the State Treasurer to recognize specified persons or entities as a designated representative without appointment by a court. Defines "Internal Revenue Code". Effective immediately. Statutes affected: Introduced: 15 ILCS 505/16Engrossed: 15 ILCS 505/16, Enrolled: 15 ILCS 505/16
Public Act 102-1024
