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The ILNAELA Legislative Committee has released an update on significant legislation from the 2026 legislative session. The attached update includes information on ILNAELA-sponsored legislation, bills signed by the Governor, and other important legislative developments affecting elder law and estate planning.

Click here to download the full Legislative Committee Update

House Bill 862 transforms the Illinois Guardianship and Advocacy Commission into the Department of Disability Advocacy and Guardianship, effective July 1, 2027.

CHICAGO — Yesterday, Governor JB Pritzker signed House Bill 862 into law, creating the Illinois Department of Disability Advocacy and Guardianship (IDAG). This landmark legislation positions Illinois as a national leader in disability advocacy and guardianship by elevating the Illinois Guardianship and Advocacy Commission (IGAC) to a cabinet-level department. "By establishing the Department of Disability Advocacy and Guardianship, we are making it crystal clear that disability rights are a priority in Illinois," said Governor JB Pritzker. "I am proud to establish this agency, and I will continue to fight hard to empower people with disabilities and their families all across our state.”

Through its three primary divisions, the department will continue to provide critical support to thousands of individuals with disabilities across Illinois. The Division of State Guardian will serve as guardian of last resort for nearly 5,000 adults with disabilities.

The Division of Legal Advocacy will continue to provide legal counsel to thousands of Illinoisians each year in cases of involuntary treatment and related court proceedings, and the Division of Disability Rights and Protections will continue to investigate disability rights violations impacting thousands of Illinois Citizens with Disabilities. A newly established Advisory Council consisting of leaders from across Illinois will provide valuable ongoing input into the department's work.

"People with disabilities matter. I am honored to serve in an agency—and soon a department—whose staff leans forward every day to advocate for solutions that prioritize self-determination and independence, together with our colleagues in Illinois government, direct service providers, families and advocates statewide, " said IGAC Director Tracey B. Fleming.

“The Guardianship and Advocacy Commission has done critical, life-changing work for decades, standing as guardian for thousands of adults with disabilities, fighting for their rights in court, and investigating violations when institutions fail them. Elevating this to a cabinet-level department sends a clear message: disability rights are a state priority, and Illinois is committed to giving this mission the standing it deserves," said Leader Bob Morgan (D-58th District), House Sponsor of HB 862.

“This new department will build on a nearly fifty-year legacy of investment by Illinois in people with disabilities. I am honored to have served as a champion for this agency, and now, to help position Illinois as a national leader in this work for the next fifty," said Leader Julie Morrison (D-29th District), Sponsor of HB 862 in the Senate.

"Disability rights require institutional commitment. Elevating this mission to a full department sends a clear message that Illinois is serious about protecting the people who depend on these services most," said Kimberly Mercer-Schleider, Director, Illinois Council on Developmental Disabilities.

The new department will begin operations on July 1, 2027.

About the Illinois Guardianship and Advocacy Commission
Created in 1979, the Illinois Guardianship and Advocacy Commission has built a legacy of safeguarding and promoting the welfare and rights of people with disabilities: providing legal representation, investigating rights violations, and serving as guardian of last resort for thousands of Illinoisans who have often gone without a voice. For more information, visit gac.illinois.gov.

Media Contacts
Simon Edelman, Director of Communications
Illinois Guardianship and Advocacy Commission
simon.edelman@illinois.gov
(217) 361-9296

Attachments

• Governor Pritzker Signs Landmark Legislation Creating a Dedicated Department on Disability Rights and Advocacy in Illinois

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.