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SPRINGFIELD – State Senator Steve Stadelman advanced legislation to strengthen protections for older adults by allowing courts to issue temporary restraining orders in cases involving abuse, neglect or financial exploitation.

“Older adults and vulnerable individuals are too often targeted by scammers and bad actors looking to take advantage of them financially,” said Stadelman (D-Rockford). “This measure gives courts and law enforcement stronger tools to step in quickly, stop exploitation and protect victims before even more harm is done.”

House Bill 4649 would create a new mechanism to protect the assets of eligible adults who have been reported or found to be victims of abuse, abandonment, neglect, financial exploitation or self-neglect. The measure, supported by the National Academy of Elder Law Attorneys, aims to make it easier to intervene in exploitation cases involving scammers who may only communicate through apps or other indirect methods.

Current law allows the Illinois Attorney General, Illinois Department on Aging or a provider agency to petition to freeze an eligible adult’s assets if financial exploitation has been suspected. Stadelman’s measure would expand those protections by allowing courts to issue temporary restraining orders that can prohibit further exploitation, freeze assets and lines of credit, bar contact with the victim, remove a respondent from a shared residence and provide more clarity to law enforcement agencies. The legislation would also ensure eligible adults can continue paying necessary living expenses while financial protections are in place.

“Financial exploitation can wipe out a person’s life savings in a matter of days,” said Stadelman. “This measure creates a faster, more effective process to protect vulnerable adults and preserve their financial security while cases are being resolved.”

House Bill 4649 passed the Senate Friday.

https://www.illinoissenatedemocrats.com/caucus-news/43-senator-steve-stadelman-news/6956-stadelman-works-to-protect-older-adults-from-financial-exploitation-2

CHICAGO — Today, Governor JB Pritzker signed Executive Order 2026-05, officially establishing the EngAging Illinois Multisector Plan for Aging Commission. The Commission will implement the State’s landmark Multisector Plan for Aging, a 10-year blueprint to address the needs of older adults, people with disabilities, and caregivers across Illinois.

“Today’s Executive Order marks a powerful step toward ensuring that every Illinoisan has the support they need to age with dignity,” said Governor JB Pritzker. “We are turning vision into action — strengthening supports for older adults, people with disabilities, and caregivers, expanding community partnerships, and building an Illinois where healthy aging is both celebrated and achievable.”

In 2024, Governor Pritzker signed Executive Order 2024-02 to kick off the planning process for the Multisector Plan for Aging. Today’s action officially launches the EngAging Illinois Commission to oversee implementation of the 10-year plan. The Executive Order also directs Illinois to join 13 other AARP-designated “Age-Friendly” states that are committed to promoting and celebrating healthy aging. Dozens of Illinois cities have already joined AARP’s effort.

“Every Illinoisan deserves the opportunity to age with dignity, connection, and purpose,” said Lieutenant Governor Juliana Stratton. “The EngAging Illinois Multisector Plan reflects our shared commitment to building communities where older adults and caregivers are supported, valued, and empowered. By bringing together leaders across government, healthcare, housing, transportation, and community organizations, we are creating a stronger, more equitable future for people of all ages across our state.”

Today’s Executive Order also reaffirms Illinois’ commitment to ensuring that Illinoisans can live dignified, engaged, and meaningful lives. The state’s groundbreaking multisector plan, announced in January 2026, outlines a range of strategies and actions — in areas such as community development, health, housing, transportation, caregiving, and financial services — that will help residents remain healthy, connected, and engaged as they grow older. Critically, the plan also seeks to address long-standing inequities and service gaps that prevent people from living with a sense of security and stability as they age.

“EngAging Illinois points to the power and possibility that older adults in Illinois bring to their families, communities, and the state,” said Mary Killough, Director of the Illinois Department on Aging. “We are building on existing efforts to create the opportunities, services, and supports people need to live well as they age.”

The Commission will be administered by the Illinois Department on Aging and co-chaired by the Chief Planning Officer, along with a subject matter expert from outside of State government. The Commission will also consist of 10 members reflecting the geographic, racial, cultural, and socioeconomic diversity of the state, along with the Directors/Secretaries or their designees of 20 state agencies; two members of the House of Representatives, one appointed by the House Speaker and one appointed by the Minority Leader of the House; and two members of the Illinois Senate, one appointed by the President of the Senate and one appointed by the Republican Leader of the Senate.

“Governor Pritzker’s Executive Order is a critical step toward making Illinois a more livable, age-friendly state,” said Philippe Largent, AARP Illinois State Director. “AARP Illinois commends the Governor and the Illinois Department on Aging for their commitment to making Illinois the next member of the AARP Network of Age-Friendly States. This effort will help improve quality of life for all Illinoisans by making housing more affordable, expanding access to transportation, strengthening caregiving supports and increasing community and social connections — so more Illinoisans can age with dignity, independence, and choice in the communities they call home.”

Commissioners will work to make Illinois a leader among states in supporting older adults and their caregivers by providing cross-sector expertise, monitoring implementation progress and identifying barriers and opportunities, and convening work groups aligned with the plan’s focus areas.

The Commission will submit its first report to the Governor and General Assembly on December 31, 2026, with annual progress reports thereafter.

Guiding Multiple Work Groups: The Commission will steer the work of numerous EngAging Illinois work groups specific to the priorities outlined in the Multisector Plan, including:

• Creating Livable and Connected Communities (including Age-Friendly Communities, Housing, Transportation, Social Connection)
• Ensuring Health for All Ages
• Investing in Caregivers
• Affording Aging

Representatives of community-based organizations, businesses, philanthropy, healthcare systems, and older adults from across the state will serve on these groups, identifying innovative ways to engage and support all of us as we get older, so we can continue to be important contributors to our families and communities and continue to live with joy, passion, and purpose.

These implementation work groups will help strengthen cross-governmental relationships, build resilience by elevating common goals across agencies and sectors, and identify new ways to streamline efforts and resources.

“We are fortunate to have a wonderful group of dedicated Illinoisans serving on the Commission and the work groups,” said Michelle Hoersch, Chief Planning Officer for the Multisector Plan for Aging. “Their combined talents and expertise are essential to ensuring the success of our multisector plan, and I look forward to working with them and sharing our collective progress in the months and years ahead.”

The strategies and actions presented in the plan will serve as a 10-year roadmap for the Commission and the work groups, which will have several responsibilities, including:

• Building awareness of the Multisector Plan
• Meeting regularly to drive and review progress
• Engaging needed collaborators to move the work forward
• Ensuring, where appropriate, that issues critical to older adults are considered by the General Assembly and county and local governments

Information about EngAging Illinois can be found at: https://bit.ly/engagingillinois.

Executive Order 2026-05.pdf PDF 237 KB – Download ↓

 

Protecting Rights, Fighting Scams

Scams targeting older adults are growing more sophisticated and more harmful. This year for Elder Law Month, NAELA is highlighting ways to prevent fraud and minimize its impact.

Toolkit for NAELA Members

We have put together an Elder Law Month Toolkit for NAELA members with practical resources for education, prevention, and protection against scams (member sign-in required).

Use these materials to engage your community in meaningful ways while also supporting your practice. Host a seminar or webinar, share information on social media, partner with local organizations or agencies, and more.

Resources for Consumers

Top Scams Affecting Older Adults — A guide to recognizing and avoiding common scams

Find an Illinois Elder Law Attorney — A searchable public directory to find local NAELA attorneys who practice elder and special needs law

Why Hire an Elder and Special Needs Law Attorney? — Explains the benefits of specialized legal expertise for older adults and individuals with disabilities

After months of debate, legislation inspired by a Tribune investigation into some Chicago-area hospitals’ questionable use of the state’s guardianship system has advanced from the Illinois House as supporters seek to strengthen court oversight and other protections for the rights of vulnerable adults. 

After months of discussions with opponents, supporters say the amended version of [State Rep. Marti Deuter’s] bill represents a compromise but still would set important safeguards around private guardianship appointments.

For example, the bill would require employees of private guardians to undergo criminal background checks every five years and get the education necessary for national certification. And a private guardian corporation would have to submit to annual independent audits if it manages more than $1 million in assets. 

The hospital association still objects to the part of the bill that would require the private guardian to meet with the hospital patient prior to accepting the appointment, citing concerns that such a requirement may slow the process as well as timing issues concerning medical consent.

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:

• $3,500 in tuition support for one qualifying 2–3 credit course
• A complimentary one-year NAELA student membership

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 Summary
There 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 Impacts
Personal 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 Ward
Bill up for consideration • Senate Judiciary
Mar 20, 2024 04:00pm
409 Capitol Springfield, IL
Senate Calendar: Regular Session Senate Calendar on 03/20/2024
Position: 67
Amends 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 Ward
Initiative 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-Making
Amends 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 guardrails
Lobbyists 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 options
NAELA 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/judges
NAELA 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

• ·       The budget HB250 included a personal needs allowance set at $60; Personal needs allowance for nursing home residents - For a person who is a resident in a facility licensed under the Nursing homecare act for whom payments are made under this article throughout a month and who is determined to be eligible for medical assistance under this article monthly personal needs allowance shall be $60

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

• ·       Amends the Assisted Living and Shared Housing Act, the Life Care Facilities Act, the Nursing Home Care Act, the MC/DD Act, and the ID/DD Community Care Act. Provides that establishments or facilities licensed under the Acts shall post on the home page of the licensed establishment's or facility's website specified information about the Department on Aging's Long Term Care Ombudsman Program. Provides that an establishment or facility may comply with the provisions by posting the required information on the website of its parent company if the establishment does not maintain a unique website and is not required to comply with the provisions if the establishment or facility and any parent company do not maintain a website. Contains other provisions.
• Effective Date:  1/1/2024

IDPH-MEDICAID FEES -  Public Act . . . . . . . . . 103-0127

• ·       Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Removes language requiring the Department of Public Health to establish, by rule, and charge a fee to any facility or program applying to be certified to participate in the Medicare program or in the Medicaid program to cover the costs associated with the application, inspection, and survey of the facility or program and processing of the application.
• Effective Date:  1/1/2024

DISTRESSED FACILITY CRITERIA - Public Act . . . . . . . . . 103-0139

• ·       Amends the Nursing Home Care Act. Requires the Department of Public Health to adopt criteria, by rule, to identify distressed facilities and to publish a list of distressed facilities quarterly. Provides that no facility shall be identified as a distressed facility unless it has committed a violation or deficiency that has harmed a resident. Removes existing language requiring the Department of Public Health to generate and publish quarterly a list of distressed facilities based on specified criteria.’
• Effective Date:  1/1/2024

Able Account Program: Public Act . . . . . . . . . 103-0256

• ·       Amends the State Treasurer Act. Provides that any entity may make contributions to an ABLE account. Makes changes concerning privacy of ABLE account information. Provides that the ABLE Account Program may also be referred to as the Senator Scott Bennett ABLE Program.
• Effective Date:  6/30/2023

NURSING HOMES-DIRECTORY: Public Act . . . . . . . . . 103-0102

• ·       Amends the Nursing Home Care Act. Provides that the Directory published each year by the Department of Public Health for each public health region listing facilities shall contain the facility website address, if any.Statutes affected

POWER OF ATTY-VISITATION: Public Act . . . . . . . . . 103-0055

• ·       Amends the Illinois Power of Attorney Act. Provides that restricting or not allowing an interested person to have reasonable visitation with a principal is an action upon which a court may find that an agent is not acting for the benefit of the principal.
• Effective Date:  1/1/2024

GUARDIANSHIP-DEMENTIA TRAINING: Public Act . . . . . . . . . 103-0064

• ·       Amends the Guardianship and Advocacy Act. Provides that the guardianship training program shall include content regarding Alzheimer's disease and dementia. Amends the Probate Act of 1975. Requires a public guardian to complete a one-hour course on Alzheimer's disease and dementia within 6 months of appointment and annually thereafter.
• Effective Date:  1/1/2024

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...	House • Jun 16, 2023: Sent to the Governor
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	Senate • Jun 16, 2023: Sent to the Governor
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