Illinois 2023-2024 Regular Session

Illinois House Bill HB4275 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4275 Introduced , by Rep. Lindsey LaPointe SYNOPSIS AS INTRODUCED: 755 ILCS 5/11a-3 from Ch. 110 1/2, par. 11a-3755 ILCS 5/11a-10 from Ch. 110 1/2, par. 11a-10755 ILCS 5/11a-19 from Ch. 110 1/2, par. 11a-19755 ILCS 9/5755 ILCS 9/10755 ILCS 9/45755 ILCS 9/50755 ILCS 40/25 from Ch. 110 1/2, par. 851-25 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. LRB103 35850 LNS 65935 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4275 Introduced , by Rep. Lindsey LaPointe SYNOPSIS AS INTRODUCED: 755 ILCS 5/11a-3 from Ch. 110 1/2, par. 11a-3755 ILCS 5/11a-10 from Ch. 110 1/2, par. 11a-10755 ILCS 5/11a-19 from Ch. 110 1/2, par. 11a-19755 ILCS 9/5755 ILCS 9/10755 ILCS 9/45755 ILCS 9/50755 ILCS 40/25 from Ch. 110 1/2, par. 851-25 755 ILCS 5/11a-3 from Ch. 110 1/2, par. 11a-3 755 ILCS 5/11a-10 from Ch. 110 1/2, par. 11a-10 755 ILCS 5/11a-19 from Ch. 110 1/2, par. 11a-19 755 ILCS 9/5 755 ILCS 9/10 755 ILCS 9/45 755 ILCS 9/50 755 ILCS 40/25 from Ch. 110 1/2, par. 851-25 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. LRB103 35850 LNS 65935 b LRB103 35850 LNS 65935 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4275 Introduced , by Rep. Lindsey LaPointe SYNOPSIS AS INTRODUCED:
3	3	755 ILCS 5/11a-3 from Ch. 110 1/2, par. 11a-3755 ILCS 5/11a-10 from Ch. 110 1/2, par. 11a-10755 ILCS 5/11a-19 from Ch. 110 1/2, par. 11a-19755 ILCS 9/5755 ILCS 9/10755 ILCS 9/45755 ILCS 9/50755 ILCS 40/25 from Ch. 110 1/2, par. 851-25 755 ILCS 5/11a-3 from Ch. 110 1/2, par. 11a-3 755 ILCS 5/11a-10 from Ch. 110 1/2, par. 11a-10 755 ILCS 5/11a-19 from Ch. 110 1/2, par. 11a-19 755 ILCS 9/5 755 ILCS 9/10 755 ILCS 9/45 755 ILCS 9/50 755 ILCS 40/25 from Ch. 110 1/2, par. 851-25
4	4	755 ILCS 5/11a-3 from Ch. 110 1/2, par. 11a-3
5	5	755 ILCS 5/11a-10 from Ch. 110 1/2, par. 11a-10
6	6	755 ILCS 5/11a-19 from Ch. 110 1/2, par. 11a-19
7	7	755 ILCS 9/5
8	8	755 ILCS 9/10
9	9	755 ILCS 9/45
10	10	755 ILCS 9/50
11	11	755 ILCS 40/25 from Ch. 110 1/2, par. 851-25
12	12	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.
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15	15	A BILL FOR
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17	17	HB4275 LRB103 35850 LNS 65935 b
18	18	1 AN ACT concerning civil law.
19	19	2 Be it enacted by the People of the State of Illinois,
20	20	3 represented in the General Assembly:
21	21	4 Section 5. The Probate Act of 1975 is amended by changing
22	22	5 Sections 11a-3, 11a-10, and 11a-19 as follows:
23	23	6 (755 ILCS 5/11a-3) (from Ch. 110 1/2, par. 11a-3)
24	24	7 Sec. 11a-3. Adjudication of disability; Power to appoint
25	25	8 guardian.
26	26	9 (a) Upon the filing of a petition by a reputable person or
27	27	10 by the alleged person with a disability himself or on its own
28	28	11 motion, the court may adjudge a person to be a person with a
29	29	12 disability, but only if it has been demonstrated by clear and
30	30	13 convincing evidence that the person is a person with a
31	31	14 disability as defined in Section 11a-2 and the person cannot
32	32	15 be supported through a supported decision-making agreement. If
33	33	16 the court adjudges a person to be a person with a disability,
34	34	17 the court may appoint (1) a guardian of his person, if it has
35	35	18 been demonstrated by clear and convincing evidence that
36	36	19 because of his disability he lacks sufficient understanding or
37	37	20 capacity to make or communicate responsible decisions
38	38	21 concerning the care of his person, or (2) a guardian of his
39	39	22 estate, if it has been demonstrated by clear and convincing
40	40	23 evidence that because of his disability he is unable to manage
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44	44	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4275 Introduced , by Rep. Lindsey LaPointe SYNOPSIS AS INTRODUCED:
45	45	755 ILCS 5/11a-3 from Ch. 110 1/2, par. 11a-3755 ILCS 5/11a-10 from Ch. 110 1/2, par. 11a-10755 ILCS 5/11a-19 from Ch. 110 1/2, par. 11a-19755 ILCS 9/5755 ILCS 9/10755 ILCS 9/45755 ILCS 9/50755 ILCS 40/25 from Ch. 110 1/2, par. 851-25 755 ILCS 5/11a-3 from Ch. 110 1/2, par. 11a-3 755 ILCS 5/11a-10 from Ch. 110 1/2, par. 11a-10 755 ILCS 5/11a-19 from Ch. 110 1/2, par. 11a-19 755 ILCS 9/5 755 ILCS 9/10 755 ILCS 9/45 755 ILCS 9/50 755 ILCS 40/25 from Ch. 110 1/2, par. 851-25
46	46	755 ILCS 5/11a-3 from Ch. 110 1/2, par. 11a-3
47	47	755 ILCS 5/11a-10 from Ch. 110 1/2, par. 11a-10
48	48	755 ILCS 5/11a-19 from Ch. 110 1/2, par. 11a-19
49	49	755 ILCS 9/5
50	50	755 ILCS 9/10
51	51	755 ILCS 9/45
52	52	755 ILCS 9/50
53	53	755 ILCS 40/25 from Ch. 110 1/2, par. 851-25
54	54	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.
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56	56	LRB103 35850 LNS 65935 b
57	57	A BILL FOR
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63	63	755 ILCS 5/11a-3 from Ch. 110 1/2, par. 11a-3
64	64	755 ILCS 5/11a-10 from Ch. 110 1/2, par. 11a-10
65	65	755 ILCS 5/11a-19 from Ch. 110 1/2, par. 11a-19
66	66	755 ILCS 9/5
67	67	755 ILCS 9/10
68	68	755 ILCS 9/45
69	69	755 ILCS 9/50
70	70	755 ILCS 40/25 from Ch. 110 1/2, par. 851-25
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89	89	1 his estate or financial affairs, or (3) a guardian of his
90	90	2 person and of his estate. The court may appoint co-guardians
91	91	3 in accordance with Section 11a-15.
92	92	4 (b) Guardianship shall be utilized only as is necessary to
93	93	5 promote the well-being of the person with a disability, to
94	94	6 protect him from neglect, exploitation, or abuse, and to
95	95	7 encourage development of his maximum self-reliance and
96	96	8 independence. Guardianship shall be ordered only to the extent
97	97	9 necessitated by the individual's actual mental, physical and
98	98	10 adaptive limitations. The order shall conform with Sections
99	99	11 11a-12 and 11a-14.
100	100	12 (Source: P.A. 102-72, eff. 1-1-22.)
101	101	13 (755 ILCS 5/11a-10) (from Ch. 110 1/2, par. 11a-10)
102	102	14 Sec. 11a-10. Procedures preliminary to hearing.
103	103	15 (a) Upon the filing of a petition pursuant to Section
104	104	16 11a-8, the court shall set a date and place for hearing to take
105	105	17 place within 30 days. The court shall appoint a guardian ad
106	106	18 litem to report to the court concerning the respondent's best
107	107	19 interests consistent with the provisions of this Section,
108	108	20 except that the appointment of a guardian ad litem shall not be
109	109	21 required when the court determines that such appointment is
110	110	22 not necessary for the protection of the respondent or a
111	111	23 reasonably informed decision on the petition. If the guardian
112	112	24 ad litem is not a licensed attorney, he or she shall be
113	113	25 qualified, by training or experience, to work with or advocate
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124	124	1 for persons with developmental disabilities, the mentally ill,
125	125	2 persons with physical disabilities, the elderly, or persons
126	126	3 with a disability due to mental deterioration, depending on
127	127	4 the type of disability that is alleged in the petition. The
128	128	5 court may allow the guardian ad litem reasonable compensation.
129	129	6 The guardian ad litem may consult with a person who by training
130	130	7 or experience is qualified to work with persons with a
131	131	8 developmental disability, persons with mental illness, persons
132	132	9 with physical disabilities, or persons with a disability due
133	133	10 to mental deterioration, depending on the type of disability
134	134	11 that is alleged. The guardian ad litem shall personally
135	135	12 observe the respondent prior to the hearing and shall inform
136	136	13 him orally and in writing of the contents of the petition and
137	137	14 of his rights, including providing a copy of the notice of
138	138	15 rights required under subsection (e). The guardian ad litem
139	139	16 shall also attempt to elicit the respondent's position
140	140	17 concerning the adjudication of disability, the proposed
141	141	18 guardian, a proposed change in residential placement, changes
142	142	19 in care that might result from the guardianship, and other
143	143	20 areas of inquiry deemed appropriate by the court, including
144	144	21 whether a supported decision-making agreement would be an
145	145	22 appropriate alternative to guardianship. Notwithstanding any
146	146	23 provision in the Mental Health and Developmental Disabilities
147	147	24 Confidentiality Act or any other law, a guardian ad litem
148	148	25 shall have the right to inspect and copy any medical or mental
149	149	26 health record of the respondent which the guardian ad litem
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160	160	1 deems necessary, provided that the information so disclosed
161	161	2 shall not be utilized for any other purpose nor be redisclosed
162	162	3 except in connection with the proceedings. At or before the
163	163	4 hearing, the guardian ad litem shall file a written report
164	164	5 detailing his or her observations of the respondent, the
165	165	6 responses of the respondent to any of the inquiries detailed
166	166	7 in this Section, the opinion of the guardian ad litem or other
167	167	8 professionals with whom the guardian ad litem consulted
168	168	9 concerning the appropriateness of guardianship, and any other
169	169	10 material issue discovered by the guardian ad litem, including
170	170	11 whether a supported decision-making agreement would be an
171	171	12 appropriate alternative to guardianship. The guardian ad litem
172	172	13 shall appear at the hearing and testify as to any issues
173	173	14 presented in his or her report.
174	174	15 (b) The court (1) may appoint counsel for the respondent,
175	175	16 if the court finds that the interests of the respondent will be
176	176	17 best served by the appointment, and (2) shall appoint counsel
177	177	18 upon the respondent's request or if the respondent takes a
178	178	19 position adverse to that of the guardian ad litem. The
179	179	20 respondent shall be permitted to obtain the appointment of
180	180	21 counsel either at the hearing or by any written or oral request
181	181	22 communicated to the court prior to the hearing. The summons
182	182	23 shall inform the respondent of this right to obtain appointed
183	183	24 counsel. The court may allow counsel for the respondent
184	184	25 reasonable compensation.
185	185	26 (c) The allocation of guardian ad litem fees and costs is
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196	196	1 within the discretion of the court. No legal fees, appointed
197	197	2 counsel fees, guardian ad litem fees, or costs shall be
198	198	3 assessed against the Office of the State Guardian, the public
199	199	4 guardian, an adult protective services agency, the Department
200	200	5 of Children and Family Services, or the agency designated by
201	201	6 the Governor under Section 1 of the Protection and Advocacy
202	202	7 for Persons with Developmental Disabilities Act.
203	203	8 (d) The hearing may be held at such convenient place as the
204	204	9 court directs, including at a facility in which the respondent
205	205	10 resides.
206	206	11 (e) Unless he is the petitioner, the respondent shall be
207	207	12 personally served with a copy of the petition and a summons not
208	208	13 less than 14 days before the hearing. The summons shall be
209	209	14 printed in large, bold type and shall include the following:
210	210	15 NOTICE OF RIGHTS OF RESPONDENT
211	211	16 You have been named as a respondent in a guardianship
212	212	17 petition asking that you be declared a person with a
213	213	18 disability. If the court grants the petition, a guardian will
214	214	19 be appointed for you. A copy of the guardianship petition is
215	215	20 attached for your convenience.
216	216	21 The date and time of the hearing are:
217	217	22 The place where the hearing will occur is:
218	218	23 The Judge's name and phone number is:
219	219	24 If a guardian is appointed for you, the guardian may be
220	220	25 given the right to make all important personal decisions for
221	221	26 you, such as where you may live, what medical treatment you may
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232	232	1 receive, what places you may visit, and who may visit you. A
233	233	2 guardian may also be given the right to control and manage your
234	234	3 money and other property, including your home, if you own one.
235	235	4 You may lose the right to make these decisions for yourself.
236	236	5 You have the following legal rights:
237	237	6 (1) You have the right to be present at the court
238	238	7 hearing.
239	239	8 (2) You have the right to be represented by a lawyer,
240	240	9 either one that you retain, or one appointed by the Judge.
241	241	10 (3) You have the right to ask for a jury of six persons
242	242	11 to hear your case.
243	243	12 (4) You have the right to present evidence to the
244	244	13 court and to confront and cross-examine witnesses.
245	245	14 (5) You have the right to ask the Judge to appoint an
246	246	15 independent expert to examine you and give an opinion
247	247	16 about your need for a guardian.
248	248	17 (6) You have the right to ask that the court hearing be
249	249	18 closed to the public.
250	250	19 (7) You have the right to tell the court whom you
251	251	20 prefer to have for your guardian.
252	252	21 (8) You have the right to ask a judge to find that
253	253	22 although you lack some capacity to make your own
254	254	23 decisions, you can make other decisions, and therefore it
255	255	24 is best for the court to appoint only a limited guardian
256	256	25 for you.
257	257	26 You do not have to attend the court hearing if you do not
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268	268	1 want to be there. If you do not attend, the Judge may appoint a
269	269	2 guardian if the Judge finds that a guardian would be of benefit
270	270	3 to you. The hearing will not be postponed or canceled if you do
271	271	4 not attend. If you are unable to attend the hearing in person
272	272	5 or you will suffer harm if you attend, the Judge can decide to
273	273	6 hold the hearing at a place that is convenient. The Judge can
274	274	7 also follow the rule of the Supreme Court of this State, or its
275	275	8 local equivalent, and decide if a video conference is
276	276	9 appropriate.
277	277	10 IT IS VERY IMPORTANT THAT YOU ATTEND THE HEARING IF YOU DO
278	278	11 NOT WANT A GUARDIAN OR IF YOU WANT SOMEONE OTHER THAN THE
279	279	12 PERSON NAMED IN THE GUARDIANSHIP PETITION TO BE YOUR GUARDIAN.
280	280	13 IF YOU DO NOT WANT A GUARDIAN OR IF YOU HAVE ANY OTHER
281	281	14 PROBLEMS, YOU SHOULD CONTACT AN ATTORNEY OR COME TO COURT AND
282	282	15 TELL THE JUDGE.
283	283	16 Service of summons and the petition may be made by a
284	284	17 private person 18 years of age or over who is not a party to
285	285	18 the action.
286	286	19 [END OF FORM]
287	287	20 (f) Notice of the time and place of the hearing shall be
288	288	21 given by the petitioner by mail or in person to those persons,
289	289	22 including the proposed guardian, whose names and addresses
290	290	23 appear in the petition and who do not waive notice, not less
291	291	24 than 14 days before the hearing.
292	292	25 (Source: P.A. 102-72, eff. 1-1-22; 102-191, eff. 1-1-22;
293	293	26 102-813, eff. 5-13-22.)
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304	304	1 (755 ILCS 5/11a-19) (from Ch. 110 1/2, par. 11a-19)
305	305	2 Sec. 11a-19. Notice of right to seek modification. At the
306	306	3 time of the appointment of a guardian the court shall inform
307	307	4 the ward of his right under Section 11a-20 to petition for
308	308	5 termination of adjudication of disability, revocation of the
309	309	6 letters of guardianship of the estate or person, or both, or
310	310	7 modification of the duties of the guardian, or termination of
311	311	8 an adjudication of disability using a supported
312	312	9 decision-making agreement under the Supported Decision-Making
313	313	10 Agreement Act and shall give the ward a written statement
314	314	11 explaining this right and the procedures for petitioning the
315	315	12 court. The notice shall be in large type and shall be in a
316	316	13 format substantially similar to the following:
317	317	14 IN THE CIRCUIT COURT OF THE ... JUDICIAL CIRCUIT OF ILLINOIS
318	318	15 ... COUNTY
319	319	16 IN RE THE ESTATE OF )
320	320	17 )
321	321	18 ....................., ) CASE NO. ....
322	322	19 a Person with a Disability, )
323	323	20 NOTICE TO WARD OF RIGHT TO SEEK MODIFICATION
324	324	21 [Insert name] was appointed your Guardian of the Person on
325	325	22 [insert date].
326	326	23 [Insert name] was appointed your Guardian of the Estate on
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337	337	1 [insert date].
338	338	2 You have the right to ask the court to dismiss this
339	339	3 guardianship, to revoke the power of this guardian to act for
340	340	4 you, or to modify the duties of any such guardian.
341	341	5 You, or someone on your behalf, can make this request,
342	342	6 even by an informal letter, a telephone call, or a visit to the
343	343	7 court. You should send your letter to the court at the
344	344	8 following address; [insert name of judge and mailing address
345	345	9 of courthouse].
346	346	10 The court may appoint a Guardian ad Litem to investigate
347	347	11 and report to the court. You have the right to have a lawyer
348	348	12 appointed for you, to have a hearing before the court, to have
349	349	13 a jury of six persons decide the facts, to present evidence and
350	350	14 tell your story, and to ask witnesses any questions in
351	351	15 cross-examination.
352	352	16 Entered this.....day of.............., 20....
353	353	17 .................
354	354	18 JUDGE
355	355	19 [..] At the time of the appointment of the Guardian in this
356	356	20 cause, the court informed the ward of his or her rights under
357	357	21 Section 11a-20 of the Illinois Probate Act and gave the ward,
358	358	22 in open court, the above-written notice explaining these
359	359	23 rights and procedures.
360	360	24 or
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371	371	1 [..] The Clerk of the Circuit Court shall mail a copy of the
372	372	2 above-written notice to the above-named person with a
373	373	3 disability at the residence address set forth in the petition
374	374	4 filed herein.
375	375	5 Copy Mailed:.................................................
376	376	6 ................................
377	377	7 Clerk of the Circuit Court
378	378	8 [END OF FORM]
379	379	9 (Source: P.A. 102-72, eff. 1-1-22.)
380	380	10 Section 10. The Supported Decision-Making Agreement Act is
381	381	11 amended by changing Sections 5, 10, 45, and 50 as follows:
382	382	12 (755 ILCS 9/5)
383	383	13 Sec. 5. Purpose; interpretation. The purpose of this Act
384	384	14 is to recognize a less-restrictive alternative to guardianship
385	385	15 for adults with intellectual and developmental disabilities
386	386	16 who need assistance with decisions regarding daily living.
387	387	17 This Act shall be administered and interpreted in
388	388	18 accordance with the following principles:
389	389	19 (1) All adults should be able to live in the manner
390	390	20 they choose and to accept or refuse support, assistance,
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401	401	1 or protection as long as they do not harm others and are
402	402	2 capable of making decisions about those matters.
403	403	3 (2) All adults should be able to be informed about
404	404	4 and, to the best of their ability, participate in
405	405	5 decisions regarding daily living.
406	406	6 (3) All adults should receive the most effective yet
407	407	7 least restrictive and intrusive forms of support,
408	408	8 assistance, and protection when they are unable to care
409	409	9 for themselves or manage their affairs alone.
410	410	10 (4) The values, beliefs, wishes, cultural norms, and
411	411	11 traditions that the principal holds should be respected.
412	412	12 (Source: P.A. 102-614, eff. 2-27-22.)
413	413	13 (755 ILCS 9/10)
414	414	14 Sec. 10. Definitions. As used in this Act:
415	415	15 "Adult" means a person who is at least 18 years of age.
416	416	16 "Everyday life decisions" means decisions that support
417	417	17 one's existence, including, but not limited to, decisions
418	418	18 regarding medical care and treatment, one's residence, work,
419	419	19 finances, and social life.
420	420	20 "Principal" means an adult with intellectual or
421	421	21 developmental disabilities who seeks to enter, or has entered,
422	422	22 into a supported decision-making agreement with a supporter
423	423	23 under this Act.
424	424	24 "Supported decision-making agreement" means an agreement
425	425	25 between a principal and a supporter under this Act.
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436	436	1 "Supporter" means an adult who has entered into a
437	437	2 supported decision-making agreement with a principal under
438	438	3 this Act.
439	439	4 (Source: P.A. 102-614, eff. 2-27-22.)
440	440	5 (755 ILCS 9/45)
441	441	6 Sec. 45. Authorization and witnesses.
442	442	7 (a) A principal and his or her supporter entering into a
443	443	8 supported decision-making agreement shall sign and date the
444	444	9 agreement in the presence of 2 or more subscribing witnesses
445	445	10 who are at least 18 years of age. The principal's supporter
446	446	11 shall not serve as a witness to the supported support
447	447	12 decision-making agreement.
448	448	13 (b) The principal may elect to nominate the supporter as
449	449	14 the principal's health care surrogate and may act as the
450	450	15 principal's health care surrogate when the standards set forth
451	451	16 in the Health Care Surrogate Act have been met.
452	452	17 (Source: P.A. 102-614, eff. 2-27-22.)
453	453	18 (755 ILCS 9/50)
454	454	19 Sec. 50. Agreement instrument. A supported decision-making
455	455	20 agreement is valid if it substantially follows the following
456	456	21 form:
457	457	22 "SUPPORTED DECISION-MAKING AGREEMENT
458	458	23 Important Information for the Supporter: Duties
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469	469	1 If you agree to provide support to the principal, you have
470	470	2 a duty to:
471	471	3 (1) act in good faith;
472	472	4 (2) act within the authority granted in this
473	473	5 agreement;
474	474	6 (3) act loyally and without self-interest; and
475	475	7 (4) avoid conflicts of interest.
476	476	8 Appointment of Supporter
477	477	9 I, (insert principal's name), make this agreement of my
478	478	10 own free will.
479	479	11 I agree and designate that the following individual is my
480	480	12 supporter:
481	481	13 Name: ...............................................
482	482	14 Address: ............................................
483	483	15 Phone Number: .......................................
484	484	16 Email Address: ..........................................
485	485	17 (Yes/No) I name my supporter to act as my health care
486	486	18 surrogate in the event I am determined, according to the terms
487	487	19 of the Health Care Surrogate Act, to be unable to make my own
488	488	20 medical decisions.
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499	499	1 My supporter is to help me make decisions for myself and
500	500	2 may help me with making everyday life decisions relating to
501	501	3 the following:
502	502	4 (Yes/No) obtaining food, clothing, and shelter.
503	503	5 (Yes/No) taking care of my physical and emotional
504	504	6 health.
505	505	7 (Yes/No) managing my financial affairs.
506	506	8 (Yes/No) applying for public benefits.
507	507	9 (Yes/No) helping me find work.
508	508	10 (Yes/No) assisting with residential services.
509	509	11 (Yes/No) helping me with school.
510	510	12 (Yes/No) helping me advocate for myself.
511	511	13 My supporter is not allowed to make decisions for me. To
512	512	14 help me with my decisions, my supporter may:
513	513	15 (1) help me access, collect, or obtain information
514	514	16 that is relevant to a decision, including medical,
515	515	17 psychological, financial, educational, housing, and
516	516	18 treatment records;
517	517	19 (2) help me understand my options so that I can make an
518	518	20 informed decision; and
519	519	21 (3) help me communicate my decision to appropriate
520	520	22 persons.
521	521	23 I want my supporter to have:
522	522	24 (Yes/No) A release allowing my supporter to see
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533	533	1 protected health information under the Health Insurance
534	534	2 Portability and Accountability Act of 1996 is attached.
535	535	3 (Yes/No) A release allowing my supporter to see
536	536	4 confidential information under the Mental Health and
537	537	5 Developmental Disabilities Confidentiality Act is
538	538	6 attached.
539	539	7 (Yes/No) A release allowing my supporter to see
540	540	8 educational records under the Family Educational Rights
541	541	9 and Privacy Act of 1974 and the Illinois School Records
542	542	10 Act is attached.
543	543	11 (Yes/No) A release allowing my supporter to see
544	544	12 substance abuse records under Confidentiality of Alcohol
545	545	13 and Drug Abuse Patient Records regulations is attached.
546	546	14 This supported decision-making agreement is effective
547	547	15 immediately and will continue until (insert date) or until the
548	548	16 agreement is terminated by my supporter or me or by operation
549	549	17 of law.
550	550	18 Signed this .... day of ........, 20....
551	551	19 (Signature of Principal) (Printed name of principal)
552	552	20 Consent of Supporter
553	553	21 I, (name of supporter), consent to act as a supporter
554	554	22 under this agreement.
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565	565	1 (Signature of supporter) (Printed name of supporter)
566	566	2 (Witness 1 signature) (Printed name of witness 1)
567	567	3 (Witness 2 signature) (Printed name of witness 2)
568	568	4 WARNING: PROTECTION FOR THE ADULT WITH A DISABILITY
569	569	5 IF A PERSON WHO RECEIVES A COPY OF THIS AGREEMENT OR IS AWARE
570	570	6 OF THE EXISTENCE OF THIS AGREEMENT HAS CAUSE TO BELIEVE THAT
571	571	7 THE ADULT WITH A DISABILITY IS BEING ABUSED, NEGLECTED, OR
572	572	8 EXPLOITED BY THE SUPPORTER, THE PERSON SHALL REPORT THE
573	573	9 ALLEGED ABUSE, NEGLECT, OR EXPLOITATION TO THE ADULT
574	574	10 PROTECTIVE SERVICES HOTLINE: 1-866-800-1409, 1-888-206-1327
575	575	11 (TTY)."
576	576	12 This form is not intended to exclude other forms or
577	577	13 agreements that identify the principal, supporter, and types
578	578	14 of supports.
579	579	15 (Source: P.A. 102-614, eff. 2-27-22.)
580	580	16 Section 15. The Health Care Surrogate Act is amended by
581	581	17 changing Section 25 as follows:
582	582	18 (755 ILCS 40/25) (from Ch. 110 1/2, par. 851-25)
583	583	19 Sec. 25. Surrogate decision making.
584	584	20 (a) When a patient lacks decisional capacity, the health
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595	595	1 care provider must make a reasonable inquiry as to the
596	596	2 availability and authority of a health care agent under the
597	597	3 Powers of Attorney for Health Care Law. When no health care
598	598	4 agent is authorized and available, the health care provider
599	599	5 must make a reasonable inquiry as to the availability of
600	600	6 possible surrogates listed in items (1) through (4) of this
601	601	7 subsection. For purposes of this Section, a reasonable inquiry
602	602	8 includes, but is not limited to, identifying a member of the
603	603	9 patient's family or other health care agent by examining the
604	604	10 patient's personal effects or medical records. If a family
605	605	11 member or other health care agent is identified, an attempt to
606	606	12 contact that person by telephone must be made within 24 hours
607	607	13 after a determination by the provider that the patient lacks
608	608	14 decisional capacity. No person shall be liable for civil
609	609	15 damages or subject to professional discipline based on a claim
610	610	16 of violating a patient's right to confidentiality as a result
611	611	17 of making a reasonable inquiry as to the availability of a
612	612	18 patient's family member or health care agent, except for
613	613	19 willful or wanton misconduct.
614	614	20 The surrogate decision makers, as identified by the
615	615	21 attending physician, are then authorized to make decisions as
616	616	22 follows: (i) for patients who lack decisional capacity and do
617	617	23 not have a qualifying condition, medical treatment decisions
618	618	24 may be made in accordance with subsection (b-5) of Section 20;
619	619	25 and (ii) for patients who lack decisional capacity and have a
620	620	26 qualifying condition, medical treatment decisions including
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631	631	1 whether to forgo life-sustaining treatment on behalf of the
632	632	2 patient may be made without court order or judicial
633	633	3 involvement in the following order of priority:
634	634	4 (1) the patient's guardian of the person;
635	635	5 (1.5) the supporter when designated by the patient in
636	636	6 a supported decision-making agreement under the Supported
637	637	7 Decision-Making Agreement Act;
638	638	8 (2) the patient's spouse;
639	639	9 (3) any adult son or daughter of the patient;
640	640	10 (4) either parent of the patient;
641	641	11 (5) any adult brother or sister of the patient;
642	642	12 (6) any adult grandchild of the patient;
643	643	13 (7) a close friend of the patient;
644	644	14 (8) the patient's guardian of the estate;
645	645	15 (9) the patient's temporary custodian appointed under
646	646	16 subsection (2) of Section 2-10 of the Juvenile Court Act
647	647	17 of 1987 if the court has entered an order granting such
648	648	18 authority pursuant to subsection (12) of Section 2-10 of
649	649	19 the Juvenile Court Act of 1987.
650	650	20 The health care provider shall have the right to rely on
651	651	21 any of the above surrogates if the provider believes after
652	652	22 reasonable inquiry that neither a health care agent under the
653	653	23 Powers of Attorney for Health Care Law nor a surrogate of
654	654	24 higher priority is available.
655	655	25 Where there are multiple surrogate decision makers at the
656	656	26 same priority level in the hierarchy, it shall be the
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667	667	1 responsibility of those surrogates to make reasonable efforts
668	668	2 to reach a consensus as to their decision on behalf of the
669	669	3 patient regarding the forgoing of life-sustaining treatment.
670	670	4 If 2 or more surrogates who are in the same category and have
671	671	5 equal priority indicate to the attending physician that they
672	672	6 disagree about the health care matter at issue, a majority of
673	673	7 the available persons in that category (or the parent with
674	674	8 custodial rights) shall control, unless the minority (or the
675	675	9 parent without custodial rights) initiates guardianship
676	676	10 proceedings in accordance with the Probate Act of 1975. No
677	677	11 health care provider or other person is required to seek
678	678	12 appointment of a guardian.
679	679	13 (b) After a surrogate has been identified, the name,
680	680	14 address, telephone number, and relationship of that person to
681	681	15 the patient shall be recorded in the patient's medical record.
682	682	16 (c) Any surrogate who becomes unavailable for any reason
683	683	17 may be replaced by applying the provisions of Section 25 in the
684	684	18 same manner as for the initial choice of surrogate.
685	685	19 (d) In the event an individual of a higher priority to an
686	686	20 identified surrogate becomes available and willing to be the
687	687	21 surrogate, the individual with higher priority may be
688	688	22 identified as the surrogate. In the event an individual in a
689	689	23 higher, a lower, or the same priority level or a health care
690	690	24 provider seeks to challenge the priority of or the
691	691	25 life-sustaining treatment decision of the recognized surrogate
692	692	26 decision maker, the challenging party may initiate
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