Priority Bills Passed Both Chambers

Thursday, June 17, 2021 1:12 PM | Nina Vidmer (Administrator)

IL - SB80 PROBATE ACT-ADULT GUARDIANSHIP

Effective January 1 of 2022, or upon its becoming a law, whichever is later

Primary Sponsor: Senator Jil Tracy (R)

Legislative Summary: Leonard Berg, Heather Voorn and Lobbyists worked with State Bar Association to clarify the amendments that this bill made to the Probate Act of 1975. Lobbyist and Leonard Berg worked to address the failure of the statute to mention that a corporate trustee can serve as limited guardian of the estate means that such an appointment is prohibited. This legislation makes changes regarding temporary guardianship to align the entire state on best practices.

IL - SB47 PROPERTY TRANSFER ON DEATH

Effective January 1 of 2022, or upon its becoming a law, whichever is later

Primary Sponsor: Senator Jason A. Barickman (R)

Legislative Summary: Leonard Berg and Lobbyist worked with State Bar Association, who drafted the bill that amends the Illinois Trust Code. Leonard and Lobbyist worked to clarify that the trustee of any trust can be designated the beneficiary under a TODI, including a trust, the terms of which are created under the TODI itself. Language drafted by Leonard was accepted and included in the bill. This legislation amends the Illinois Residential Real Property Transfer on Death Instrument Act. Renames the Act the "Real Property Transfer on Death Instrument Act". Changes the definitions of "owner" and "person". Defines "real property". Changes references to "residential real estate property" to references to "real property". Permits the transfer of real property by a transfer on death instrument to a trustee of a trust under certain circumstances even if the trust is subject to amendment, modification, revocation, or termination. Provides that a transfer on death instrument may not be admitted to probate as the will of the owner or as a codicil thereto.

Also note, the real estate is now subject to the claims of creditors if the probate estate and trust are insufficient to pay and a surviving spouse has the right to elect against the transfer unless the beneficiary is a trust created for the sole benefit of the surviving spouse – this can be any type of trust, but Medicaid practitioners must remember that only transfers to testamentary trusts are exempt for Medicaid purposes.

IL - SB100 MEDICAID SPEND DOWN

Effective immediately.

Primary Sponsor: Senator Ram Villivalam (D)

Legislative Summary: Lobbyist worked with the legislative sponsor to understand the intent of this bill and supported the change to extend the amount of time applicants have to spend down to get on Medicaid to 6 consecutive months. This legislation amends the Medical Assistance Article of the Illinois Public Aid Code.

IL - HB1950 MEDICAID TECHNICAL ASSISTANCE

Effective immediately.

Primary Sponsor: Representative Lamont J. Robinson, Jr. (D)

Legislative Summary: This exact language was included in the Healthcare pillar HB158 which was sent to the governor on April 2nd and is now a public act. NAELA members and Lobbyist monitored this legislation as a Black Caucus Pillar initiative. This legislation creates the Medicaid Technical Assistance Center Act. Requires the Department of Healthcare and Family Services to establish a Medicaid Technical Assistance Center (Center). Provides that the Center shall operate as a cross-system educational resource to strengthen the business infrastructure of health care provider organizations in Illinois to ultimately increase the capacity, access, health equity, and quality of Illinois' Medicaid managed care programs: HealthChoice Illinois and YouthCare. Requires the Center to be established within the Department's Office of Medicaid Innovation.

IL - SB2664 NOTARY-ELECTRONIC DOCUMENTS

Illinois Notary Public Act take effect July 1, 2022.

Primary Sponsor: Senator Linda Holmes (D)

Legislative Summary: This legislation was part of e-notary task force that shaped legislation spring 2020 and during COVID executive orders, the SOS brought this bill forward. Amy Delany provided NAELA member’s feedback and questions to the group in various meetings. The legislation Amends the Illinois Notary Public Act. Provides requirements concerning electronic notarization and electronic notaries public. Amends the Uniform Real Property Electronic Recording Act. Provides that a paper or tangible copy of an electronic document that a notary public has certified to be a true and correct copy satisfies specified recording requirements. Provides further requirements concerning the certification of electronic documents by notaries public. Defines terms. Makes conforming changes. Effective on the later of: (1) January 1, 2022; or (2) the date on which the Office of the Secretary of State files with the Index Department of the Office of the Secretary of State a notice that the Office of the Secretary of State has adopted the rules necessary for implementation; except that, the changes made to specified provisions of the Illinois Notary Public Act take effect July 1, 2022.

IL - HB1795 TRUST CODE-VARIOUS 

Effective January 1 of 2022, or upon its becoming a law, whichever is later

Primary Sponsor: Representative Ann M. Williams (D)

Legislative Summary: Ben Neiburger, Leonard Berg and Lobbyist worked with committee members that drafted updated Trust Code provisions and worked with the Chicago Bar Association to ensure that statute cross references in the bill where correct. This legislation amends the Illinois Trust Code by making various technical changes. The following NAELA amendment was adopted: In the Mental Health and Developmental Disabilities Code and the Illinois Marriage and Dissolution of Marriage Act, makes additional changes to cross-references to the Illinois Trust Code. In the Illinois Marriage and Dissolution of Marriage Act, changes a reference to a "special needs trust" to a reference to a "trust for a beneficiary with a disability".

IL - HB3849 SUPPORTED DECISION-MAKING ACT

Provides that the Act is effective 6 months after becoming law (rather than immediately).

Last Action: Passed Both Houses (May 31, 2021)

Primary Sponsor: Representative Lindsey LaPointe (D)

Legislative Summary: Dawn Weekly and Lobbyist worked with the Guardianship office that brought this bill forward to ensure that the language in the bill addressed the DD population and continued to ensure that the language in the bill was precise as it continued to be amended. The legislation 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. Provides that all adults are presumed to be capable of making decisions regarding daily living and to have capacity unless otherwise determined by a court. Provides that certain persons are disqualified from acting as a supporter.

IL - HB714 EVIDENCE-HEALTH CARE RECORDS

Effective January 1 of 2022, or upon its becoming a law, whichever is later

Primary Sponsor: Representative Jennifer Gong-Gershowitz (D)

Legislative Summary:Leonard Berg, Ben Neiburger, Wendy Cappelleto and Lobbyist worked with sponsor to draft language that expanded the aid that this bill aimed to give to the Aged, Blind and Disabled. This legislation provides that a health care facility or health care practitioner shall provide one complete copy (rather than complete copies) of a patient's record. Provides that the records may be provided for the purposes of supporting a claim for Aid to the Aged, Blind, or Disabled benefits.

IL - SB730 ELECTRONIC WILL/REMOTE WITNESS

Effective immediately.

Primary Sponsor: Senator Rachelle Crowe (D)

Legislative Summary: Heather Voorn, Heidi Dodd and Lobbyist worked with ISBA over the summer and fall to give practitioner perspectives as well as suggest language. The bill had concerns in regard to implementation. 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

Illinois Chapter
National Academy of Elder Law Attorneys, Inc.
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The National Academy of Elder Law Attorneys, Inc. (NAELA) was founded in 1987 as a professional association of attorneys who are dedicated to improving the quality of legal services provided to people as they age and people with special needs.
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