Illinois 2025-2026 Regular Session

Illinois House Bill HB3372 Compare Versions

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

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3372 Introduced , by Rep. Michelle Mussman SYNOPSIS AS INTRODUCED: See Index Amends the Probate Act of 1975. Requires the court at the guardianship hearing to inquire of the alleged disabled adult's interest in a supported decision-making agreement as an alternative and inform the ward of the ward's right to modify an adjudication of disability using a limited guardianship or termination of guardianship with a supported decision-making agreement. Amends the Supported Decision-Making Agreement Act. Changes the applicability of the Act by deleting the requirement that the adult must have an intellectual or developmental disability. Provides that Alzheimer's or dementia, by itself, does not void the presumption that an adult has the capacity to make decisions. Provides that the execution of a supported decision-making agreement does not preclude the ability of the adult who has entered into a supported decision-making agreement to act independently of the agreement. Requires a supporter in an agreement must complete the training and education developed by the Guardianship and Advocacy Commission within 45 days of signing the consent to act as a supporter. Provides that a supported decision-making agreement is terminated if: (i) there is a restraining order against the supporter by or on behalf of the principal; (ii) the principal revokes the agreement; (iii) the supporter resigns; (iv) ordered by a court; or (v) the agreement includes a termination date. Provides that a supported decision-making agreement is suspended while: (i) the conditions of the Health Care Surrogate Act are met, (ii) a medical or psychological evaluation has concluded that the principal lacks decisional capacity but a subsequent evaluation has not yet found the principal's decisional capacity restored; or (iii) the agency established in a durable power of attorney has begun but not yet terminated. Provides that upon the filing of a petition by an interested person, a court may suspend or terminate a supported decision-making agreement if necessary to ensure the well-being and safety of the principal. LRB104 10553 JRC 20629 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3372 Introduced , by Rep. Michelle Mussman SYNOPSIS AS INTRODUCED: See Index See Index Amends the Probate Act of 1975. Requires the court at the guardianship hearing to inquire of the alleged disabled adult's interest in a supported decision-making agreement as an alternative and inform the ward of the ward's right to modify an adjudication of disability using a limited guardianship or termination of guardianship with a supported decision-making agreement. Amends the Supported Decision-Making Agreement Act. Changes the applicability of the Act by deleting the requirement that the adult must have an intellectual or developmental disability. Provides that Alzheimer's or dementia, by itself, does not void the presumption that an adult has the capacity to make decisions. Provides that the execution of a supported decision-making agreement does not preclude the ability of the adult who has entered into a supported decision-making agreement to act independently of the agreement. Requires a supporter in an agreement must complete the training and education developed by the Guardianship and Advocacy Commission within 45 days of signing the consent to act as a supporter. Provides that a supported decision-making agreement is terminated if: (i) there is a restraining order against the supporter by or on behalf of the principal; (ii) the principal revokes the agreement; (iii) the supporter resigns; (iv) ordered by a court; or (v) the agreement includes a termination date. Provides that a supported decision-making agreement is suspended while: (i) the conditions of the Health Care Surrogate Act are met, (ii) a medical or psychological evaluation has concluded that the principal lacks decisional capacity but a subsequent evaluation has not yet found the principal's decisional capacity restored; or (iii) the agency established in a durable power of attorney has begun but not yet terminated. Provides that upon the filing of a petition by an interested person, a court may suspend or terminate a supported decision-making agreement if necessary to ensure the well-being and safety of the principal. LRB104 10553 JRC 20629 b LRB104 10553 JRC 20629 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3372 Introduced , by Rep. Michelle Mussman SYNOPSIS AS INTRODUCED:
3	3	See Index See Index
4	4	See Index
5	5	Amends the Probate Act of 1975. Requires the court at the guardianship hearing to inquire of the alleged disabled adult's interest in a supported decision-making agreement as an alternative and inform the ward of the ward's right to modify an adjudication of disability using a limited guardianship or termination of guardianship with a supported decision-making agreement. Amends the Supported Decision-Making Agreement Act. Changes the applicability of the Act by deleting the requirement that the adult must have an intellectual or developmental disability. Provides that Alzheimer's or dementia, by itself, does not void the presumption that an adult has the capacity to make decisions. Provides that the execution of a supported decision-making agreement does not preclude the ability of the adult who has entered into a supported decision-making agreement to act independently of the agreement. Requires a supporter in an agreement must complete the training and education developed by the Guardianship and Advocacy Commission within 45 days of signing the consent to act as a supporter. Provides that a supported decision-making agreement is terminated if: (i) there is a restraining order against the supporter by or on behalf of the principal; (ii) the principal revokes the agreement; (iii) the supporter resigns; (iv) ordered by a court; or (v) the agreement includes a termination date. Provides that a supported decision-making agreement is suspended while: (i) the conditions of the Health Care Surrogate Act are met, (ii) a medical or psychological evaluation has concluded that the principal lacks decisional capacity but a subsequent evaluation has not yet found the principal's decisional capacity restored; or (iii) the agency established in a durable power of attorney has begun but not yet terminated. Provides that upon the filing of a petition by an interested person, a court may suspend or terminate a supported decision-making agreement if necessary to ensure the well-being and safety of the principal.
6	6	LRB104 10553 JRC 20629 b LRB104 10553 JRC 20629 b
7	7	LRB104 10553 JRC 20629 b
8	8	A BILL FOR
9	9	HB3372LRB104 10553 JRC 20629 b HB3372 LRB104 10553 JRC 20629 b
10	10	HB3372 LRB104 10553 JRC 20629 b
11	11	1 AN ACT concerning civil law.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Probate Act of 1975 is amended by changing
15	15	5 Sections 11a-10, 11a-11, and 11a-19 as follows:
16	16	6 (755 ILCS 5/11a-10) (from Ch. 110 1/2, par. 11a-10)
17	17	7 Sec. 11a-10. Procedures preliminary to hearing.
18	18	8 (a) Upon the filing of a petition pursuant to Section
19	19	9 11a-8, the court shall set a date and place for hearing to take
20	20	10 place within 30 days. The court shall appoint a guardian ad
21	21	11 litem to report to the court concerning the respondent's best
22	22	12 interests consistent with the provisions of this Section,
23	23	13 except that the appointment of a guardian ad litem shall not be
24	24	14 required when the court determines that such appointment is
25	25	15 not necessary for the protection of the respondent or a
26	26	16 reasonably informed decision on the petition. If the guardian
27	27	17 ad litem is not a licensed attorney, he or she shall be
28	28	18 qualified, by training or experience, to work with or advocate
29	29	19 for persons with developmental disabilities, the mentally ill,
30	30	20 persons with physical disabilities, the elderly, or persons
31	31	21 with a disability due to mental deterioration, depending on
32	32	22 the type of disability that is alleged in the petition. The
33	33	23 court may allow the guardian ad litem reasonable compensation.
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37	37	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3372 Introduced , by Rep. Michelle Mussman SYNOPSIS AS INTRODUCED:
38	38	See Index See Index
39	39	See Index
40	40	Amends the Probate Act of 1975. Requires the court at the guardianship hearing to inquire of the alleged disabled adult's interest in a supported decision-making agreement as an alternative and inform the ward of the ward's right to modify an adjudication of disability using a limited guardianship or termination of guardianship with a supported decision-making agreement. Amends the Supported Decision-Making Agreement Act. Changes the applicability of the Act by deleting the requirement that the adult must have an intellectual or developmental disability. Provides that Alzheimer's or dementia, by itself, does not void the presumption that an adult has the capacity to make decisions. Provides that the execution of a supported decision-making agreement does not preclude the ability of the adult who has entered into a supported decision-making agreement to act independently of the agreement. Requires a supporter in an agreement must complete the training and education developed by the Guardianship and Advocacy Commission within 45 days of signing the consent to act as a supporter. Provides that a supported decision-making agreement is terminated if: (i) there is a restraining order against the supporter by or on behalf of the principal; (ii) the principal revokes the agreement; (iii) the supporter resigns; (iv) ordered by a court; or (v) the agreement includes a termination date. Provides that a supported decision-making agreement is suspended while: (i) the conditions of the Health Care Surrogate Act are met, (ii) a medical or psychological evaluation has concluded that the principal lacks decisional capacity but a subsequent evaluation has not yet found the principal's decisional capacity restored; or (iii) the agency established in a durable power of attorney has begun but not yet terminated. Provides that upon the filing of a petition by an interested person, a court may suspend or terminate a supported decision-making agreement if necessary to ensure the well-being and safety of the principal.
41	41	LRB104 10553 JRC 20629 b LRB104 10553 JRC 20629 b
42	42	LRB104 10553 JRC 20629 b
43	43	A BILL FOR
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68	68	1 The guardian ad litem may consult with a person who by training
69	69	2 or experience is qualified to work with persons with a
70	70	3 developmental disability, persons with mental illness, persons
71	71	4 with physical disabilities, or persons with a disability due
72	72	5 to mental deterioration, depending on the type of disability
73	73	6 that is alleged. The guardian ad litem shall personally
74	74	7 observe the respondent prior to the hearing and shall inform
75	75	8 him orally and in writing of the contents of the petition and
76	76	9 of his rights, including providing a copy of the notice of
77	77	10 rights required under subsection (e). The guardian ad litem
78	78	11 shall also attempt to elicit the respondent's position
79	79	12 concerning the adjudication of disability, the proposed
80	80	13 guardian, a proposed change in residential placement, changes
81	81	14 in care that might result from the guardianship, and other
82	82	15 areas of inquiry deemed appropriate by the court, including
83	83	16 whether a supported decision-making agreement would be an
84	84	17 appropriate alternative to guardianship or a limited
85	85	18 guardianship would be an appropriate alternative to plenary
86	86	19 guardianship. Notwithstanding any provision in the Mental
87	87	20 Health and Developmental Disabilities Confidentiality Act or
88	88	21 any other law, a guardian ad litem shall have the right to
89	89	22 inspect and copy any medical or mental health record of the
90	90	23 respondent which the guardian ad litem deems necessary,
91	91	24 provided that the information so disclosed shall not be
92	92	25 utilized for any other purpose nor be redisclosed except in
93	93	26 connection with the proceedings. At or before the hearing, the
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104	104	1 guardian ad litem shall file a written report detailing his or
105	105	2 her observations of the respondent, the responses of the
106	106	3 respondent to any of the inquiries detailed in this Section,
107	107	4 the opinion of the guardian ad litem or other professionals
108	108	5 with whom the guardian ad litem consulted concerning the
109	109	6 appropriateness of guardianship, and any other material issue
110	110	7 discovered by the guardian ad litem, including whether a
111	111	8 supported decision-making agreement would be an appropriate
112	112	9 alternative to guardianship or a limited guardianship would be
113	113	10 an appropriate alternative to plenary guardianship. The
114	114	11 guardian ad litem shall appear at the hearing and testify as to
115	115	12 any issues presented in his or her report.
116	116	13 (b) The court (1) may appoint counsel for the respondent,
117	117	14 if the court finds that the interests of the respondent will be
118	118	15 best served by the appointment, and (2) shall appoint counsel
119	119	16 upon the respondent's request or if the respondent takes a
120	120	17 position adverse to that of the guardian ad litem. The
121	121	18 respondent shall be permitted to obtain the appointment of
122	122	19 counsel either at the hearing or by any written or oral request
123	123	20 communicated to the court prior to the hearing. The summons
124	124	21 shall inform the respondent of this right to obtain appointed
125	125	22 counsel. The court may allow counsel for the respondent
126	126	23 reasonable compensation.
127	127	24 (c) The allocation of guardian ad litem fees and costs is
128	128	25 within the discretion of the court. No legal fees, appointed
129	129	26 counsel fees, guardian ad litem fees, or costs shall be
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140	140	1 assessed against the Office of the State Guardian, the public
141	141	2 guardian, an adult protective services agency, the Department
142	142	3 of Children and Family Services, or the agency designated by
143	143	4 the Governor under Section 1 of the Protection and Advocacy
144	144	5 for Persons with Developmental Disabilities Act.
145	145	6 (d) The hearing may be held at such convenient place as the
146	146	7 court directs, including at a facility in which the respondent
147	147	8 resides.
148	148	9 (e) Unless he is the petitioner, the respondent shall be
149	149	10 personally served with a copy of the petition and a summons not
150	150	11 less than 14 days before the hearing. The summons shall be
151	151	12 printed in large, bold type and shall include the following:
152	152	13 NOTICE OF RIGHTS OF RESPONDENT
153	153	14 You have been named as a respondent in a guardianship
154	154	15 petition asking that you be declared a person with a
155	155	16 disability. If the court grants the petition, a guardian will
156	156	17 be appointed for you. A copy of the guardianship petition is
157	157	18 attached for your convenience.
158	158	19 The date and time of the hearing are:
159	159	20 The place where the hearing will occur is:
160	160	21 The Judge's name and phone number is:
161	161	22 If a guardian is appointed for you, the guardian may be
162	162	23 given the right to make all important personal decisions for
163	163	24 you, such as where you may live, what medical treatment you may
164	164	25 receive, what places you may visit, and who may visit you. A
165	165	26 guardian may also be given the right to control and manage your
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176	176	1 money and other property, including your home, if you own one.
177	177	2 You may lose the right to make these decisions for yourself.
178	178	3 You have the following legal rights:
179	179	4 (1) You have the right to be present at the court
180	180	5 hearing.
181	181	6 (2) You have the right to be represented by a lawyer,
182	182	7 either one that you retain, or one appointed by the Judge.
183	183	8 (3) You have the right to ask for a jury of six persons
184	184	9 to hear your case.
185	185	10 (4) You have the right to present evidence to the
186	186	11 court and to confront and cross-examine witnesses.
187	187	12 (5) You have the right to ask the Judge to appoint an
188	188	13 independent expert to examine you and give an opinion
189	189	14 about your need for a guardian.
190	190	15 (6) You have the right to ask that the court hearing be
191	191	16 closed to the public.
192	192	17 (7) You have the right to tell the court whom you
193	193	18 prefer to have for your guardian.
194	194	19 (8) You have the right to ask a judge to find that
195	195	20 although you lack some capacity to make your own
196	196	21 decisions, you can make other decisions, and therefore it
197	197	22 is best for the court to appoint only a limited guardian
198	198	23 for you.
199	199	24 You do not have to attend the court hearing if you do not
200	200	25 want to be there. If you do not attend, the Judge may appoint a
201	201	26 guardian if the Judge finds that a guardian would be of benefit
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212	212	1 to you. The hearing will not be postponed or canceled if you do
213	213	2 not attend. If you are unable to attend the hearing in person
214	214	3 or you will suffer harm if you attend, the Judge can decide to
215	215	4 hold the hearing at a place that is convenient. The Judge can
216	216	5 also follow the rule of the Supreme Court of this State, or its
217	217	6 local equivalent, and decide if a video conference is
218	218	7 appropriate.
219	219	8 IT IS VERY IMPORTANT THAT YOU ATTEND THE HEARING IF YOU DO
220	220	9 NOT WANT A GUARDIAN OR IF YOU WANT SOMEONE OTHER THAN THE
221	221	10 PERSON NAMED IN THE GUARDIANSHIP PETITION TO BE YOUR GUARDIAN.
222	222	11 IF YOU DO NOT WANT A GUARDIAN OR IF YOU HAVE ANY OTHER
223	223	12 PROBLEMS, YOU SHOULD CONTACT AN ATTORNEY OR COME TO COURT AND
224	224	13 TELL THE JUDGE.
225	225	14 Service of summons and the petition may be made by a
226	226	15 private person 18 years of age or over who is not a party to
227	227	16 the action.
228	228	17 [END OF FORM]
229	229	18 (f) Notice of the time and place of the hearing shall be
230	230	19 given by the petitioner by mail or in person to those persons,
231	231	20 including the proposed guardian, whose names and addresses
232	232	21 appear in the petition and who do not waive notice, not less
233	233	22 than 14 days before the hearing.
234	234	23 (Source: P.A. 102-72, eff. 1-1-22; 102-191, eff. 1-1-22;
235	235	24 102-813, eff. 5-13-22.)
236	236	25 (755 ILCS 5/11a-11) (from Ch. 110 1/2, par. 11a-11)
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247	247	1 Sec. 11a-11. Hearing.
248	248	2 (a) The respondent is entitled to be represented by
249	249	3 counsel, to demand a jury of 6 persons, to present evidence,
250	250	4 and to confront and cross-examine all witnesses. The hearing
251	251	5 may be closed to the public on request of the respondent, the
252	252	6 guardian ad litem, or appointed or other counsel for the
253	253	7 respondent. Unless excused by the court upon a showing that
254	254	8 the respondent refuses to be present or will suffer harm if
255	255	9 required to attend, the respondent shall be present at the
256	256	10 hearing.
257	257	11 (b) (Blank).
258	258	12 (c) (Blank).
259	259	13 (d) In an uncontested proceeding for the appointment of a
260	260	14 guardian the person who prepared the report required by
261	261	15 Section 11a-9 will only be required to testify at trial upon
262	262	16 order of court for cause shown.
263	263	17 (e) At the hearing the court shall inquire regarding: (1)
264	264	18 the nature and extent of respondent's general intellectual and
265	265	19 physical functioning; (2) the extent of the impairment of his
266	266	20 adaptive behavior if he is a person with a developmental
267	267	21 disability, or the nature and severity of his mental illness
268	268	22 if he is a person with mental illness; (3) the understanding
269	269	23 and capacity of the respondent to make and communicate
270	270	24 responsible decisions concerning his person; (4) the capacity
271	271	25 of the respondent to manage his estate and his financial
272	272	26 affairs; (5) the appropriateness of proposed and alternate
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283	283	1 living arrangements; (6) the impact of the disability upon the
284	284	2 respondent's functioning in the basic activities of daily
285	285	3 living and the important decisions faced by the respondent or
286	286	4 normally faced by adult members of the respondent's community;
287	287	5 and (7) the use of a supported decision-making agreement or
288	288	6 limited guardianship as an alternative to plenary
289	289	7 guardianship; and (8) any other area of inquiry deemed
290	290	8 appropriate by the court.
291	291	9 (f) An authenticated transcript of the evidence taken in a
292	292	10 judicial proceeding concerning the respondent under the Mental
293	293	11 Health and Developmental Disabilities Code is admissible in
294	294	12 evidence at the hearing.
295	295	13 (g) If the petition is for the appointment of a guardian
296	296	14 for a beneficiary of the Veterans Administration who has a
297	297	15 disability, a certificate of the Administrator of Veterans
298	298	16 Affairs or his representative stating that the beneficiary has
299	299	17 been determined to be incompetent by the Veterans
300	300	18 Administration on examination in accordance with the laws and
301	301	19 regulations governing the Veterans Administration in effect
302	302	20 upon the date of the issuance of the certificate and that the
303	303	21 appointment of a guardian is a condition precedent to the
304	304	22 payment of any money due the beneficiary by the Veterans
305	305	23 Administration, is admissible in evidence at the hearing.
306	306	24 (Source: P.A. 98-1094, eff. 1-1-15; 99-143, eff. 7-27-15.)
307	307	25 (755 ILCS 5/11a-19) (from Ch. 110 1/2, par. 11a-19)
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318	318	1 Sec. 11a-19. Notice of right to seek modification. At the
319	319	2 time of the appointment of a guardian the court shall inform
320	320	3 the ward of his right under Section 11a-20 to petition for
321	321	4 termination of adjudication of disability, revocation of the
322	322	5 letters of guardianship of the estate or person, or both, or
323	323	6 modification of the duties of the guardian, or modification of
324	324	7 an adjudication of disability using a limited guardianship or
325	325	8 termination of guardianship with a supported decision-making
326	326	9 agreement under the Supported Decision Making Agreement Act
327	327	10 and shall give the ward a written statement explaining this
328	328	11 right and the procedures for petitioning the court. The notice
329	329	12 shall be in large type and shall be in a format substantially
330	330	13 similar to the following:
331	331	14 IN THE CIRCUIT COURT OF THE ... JUDICIAL CIRCUIT OF ILLINOIS
332	332	15 ... COUNTY
333	333	16 IN RE THE ESTATE OF )
334	334	17 )
335	335	18 ....................., ) CASE NO. ....
336	336	19 a Person with a Disability, )
337	337	20 NOTICE TO WARD OF RIGHT TO SEEK MODIFICATION
338	338	21 [Insert name] was appointed your Guardian of the Person on
339	339	22 [insert date].
340	340	23 [Insert name] was appointed your Guardian of the Estate on
341	341	24 [insert date].
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352	352	1 You have the right to ask the court to dismiss this
353	353	2 guardianship, to revoke the power of this guardian to act for
354	354	3 you, or to modify the duties of any such guardian.
355	355	4 You, or someone on your behalf, can make this request,
356	356	5 even by an informal letter, a telephone call, or a visit to the
357	357	6 court. You should send your letter to the court at the
358	358	7 following address; [insert name of judge and mailing address
359	359	8 of courthouse].
360	360	9 The court may appoint a Guardian ad Litem to investigate
361	361	10 and report to the court. You have the right to have a lawyer
362	362	11 appointed for you, to have a hearing before the court, to have
363	363	12 a jury of six persons decide the facts, to present evidence and
364	364	13 tell your story, and to ask witnesses any questions in
365	365	14 cross-examination.
366	366	15 Entered this.....day of.............., 20....
367	367	16 .................
368	368	17 JUDGE
369	369	18 [..] At the time of the appointment of the Guardian in this
370	370	19 cause, the court informed the ward of his or her rights under
371	371	20 Section 11a-20 of the Illinois Probate Act and gave the ward,
372	372	21 in open court, the above-written notice explaining these
373	373	22 rights and procedures.
374	374	23 or
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385	385	1 [..] The Clerk of the Circuit Court shall mail a copy of the
386	386	2 above-written notice to the above-named person with a
387	387	3 disability at the residence address set forth in the petition
388	388	4 filed herein.
389	389	5 Copy Mailed:.................................................
390	390	6 ................................
391	391	7 Clerk of the Circuit Court
392	392	8 [END OF FORM]
393	393	9 (Source: P.A. 102-72, eff. 1-1-22.)
394	394	10 Section 10. The Supported Decision-Making Agreement Act is
395	395	11 amended by changing Sections 5, 10, 15, 30, 50, and 70 as
396	396	12 follows:
397	397	13 (755 ILCS 9/5)
398	398	14 Sec. 5. Purpose; interpretation. The purpose of this Act
399	399	15 is to recognize a less-restrictive alternative to guardianship
400	400	16 for adults with intellectual and developmental disabilities
401	401	17 who need assistance with decisions regarding daily living.
402	402	18 This Act shall be administered and interpreted in
403	403	19 accordance with the following principles:
404	404	20 (1) All adults should be able to live in the manner
405	405	21 they choose and to accept or refuse support, assistance,
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409	409
410	410
411	411	HB3372 - 11 - LRB104 10553 JRC 20629 b
412	412
413	413
414	414	HB3372- 12 -LRB104 10553 JRC 20629 b HB3372 - 12 - LRB104 10553 JRC 20629 b
415	415	HB3372 - 12 - LRB104 10553 JRC 20629 b
416	416	1 or protection as long as they do not harm others and are
417	417	2 capable of making decisions about those matters.
418	418	3 (2) All adults should be able to be informed about
419	419	4 and, to the best of their ability, participate in
420	420	5 decisions regarding daily living.
421	421	6 (3) All adults should receive the most effective yet
422	422	7 least restrictive and intrusive forms of support,
423	423	8 assistance, and protection when they are unable to care
424	424	9 for themselves or manage their affairs alone.
425	425	10 (4) The values, beliefs, wishes, cultural norms, and
426	426	11 traditions that the principal holds should be respected.
427	427	12 (Source: P.A. 102-614, eff. 2-27-22.)
428	428	13 (755 ILCS 9/10)
429	429	14 Sec. 10. Definitions. As used in this Act:
430	430	15 "Adult" means a person who is at least 18 years of age.
431	431	16 "Everyday life decisions" means decisions that support
432	432	17 one's existence, including, but not limited to, decisions
433	433	18 regarding medical care and treatment, one's residence, work,
434	434	19 finances, and social life.
435	435	20 "Principal" means an adult with intellectual or
436	436	21 developmental disabilities who seeks to enter, or has entered,
437	437	22 into a supported decision-making agreement with a supporter
438	438	23 under this Act.
439	439	24 "Supported decision-making agreement" means an agreement
440	440	25 between a principal and a supporter under this Act.
441	441
442	442
443	443
444	444
445	445
446	446	HB3372 - 12 - LRB104 10553 JRC 20629 b
447	447
448	448
449	449	HB3372- 13 -LRB104 10553 JRC 20629 b HB3372 - 13 - LRB104 10553 JRC 20629 b
450	450	HB3372 - 13 - LRB104 10553 JRC 20629 b
451	451	1 "Supporter" means an adult who has entered into a
452	452	2 supported decision-making agreement with a principal under
453	453	3 this Act.
454	454	4 (Source: P.A. 102-614, eff. 2-27-22.)
455	455	5 (755 ILCS 9/15)
456	456	6 Sec. 15. Presumption of capability.
457	457	7 (a) All adults are presumed to be capable of making
458	458	8 decisions regarding daily living and to have capacity unless
459	459	9 otherwise determined by a court. A diagnosis of mental
460	460	10 illness, intellectual disability, or developmental disability,
461	461	11 Alzheimer's Disease, or dementia, of itself, does not void the
462	462	12 presumption of capacity.
463	463	13 (b) The manner in which an adult communicates with others
464	464	14 is not grounds for deciding that the adult is incapable of
465	465	15 managing the affairs of the adult.
466	466	16 (c) The execution of a supported decision-making agreement
467	467	17 may not be used as evidence of capacity or incapacity in any
468	468	18 civil or criminal proceeding, however, the existence of such
469	469	19 an agreement may be entered into evidence for purposes other
470	470	20 than as evidence of capacity or incapacity. The execution of a
471	471	21 supported decision-making agreement and does not preclude the
472	472	22 ability of the adult who has entered into a supported
473	473	23 decision-making agreement to act independently of the
474	474	24 agreement.
475	475	25 (Source: P.A. 102-614, eff. 2-27-22.)
476	476
477	477
478	478
479	479
480	480
481	481	HB3372 - 13 - LRB104 10553 JRC 20629 b
482	482
483	483
484	484	HB3372- 14 -LRB104 10553 JRC 20629 b HB3372 - 14 - LRB104 10553 JRC 20629 b
485	485	HB3372 - 14 - LRB104 10553 JRC 20629 b
486	486	1 (755 ILCS 9/30)
487	487	2 Sec. 30. Supporter duties.
488	488	3 (a) Except as otherwise provided by a supported
489	489	4 decision-making agreement, a supporter may:
490	490	5 (1) Assist the principal in understanding information,
491	491	6 options, responsibilities, and consequences of the life
492	492	7 decisions of the principal, including those decisions
493	493	8 related to the affairs or support services of the
494	494	9 principal.
495	495	10 (2) Help the principal access, obtain, and understand
496	496	11 any information that is relevant to any given life
497	497	12 decision, including a medical, psychological, financial,
498	498	13 or educational decision, or any treatment records or
499	499	14 records necessary to manage the affairs or support
500	500	15 services of the principal.
501	501	16 (3) Assist the principal in finding, obtaining, making
502	502	17 appointments for, and implementing the support services or
503	503	18 plans for support services of the principal.
504	504	19 (4) Help the principal monitor information about the
505	505	20 affairs or support services of the principal, including
506	506	21 keeping track of future necessary or recommended services.
507	507	22 (5) Ascertain the wishes and decisions of the
508	508	23 principal in order to advocate that the wishes and
509	509	24 decisions of an individual with disabilities are
510	510	25 implemented.
511	511
512	512
513	513
514	514
515	515
516	516	HB3372 - 14 - LRB104 10553 JRC 20629 b
517	517
518	518
519	519	HB3372- 15 -LRB104 10553 JRC 20629 b HB3372 - 15 - LRB104 10553 JRC 20629 b
520	520	HB3372 - 15 - LRB104 10553 JRC 20629 b
521	521	1 (b) A supporter shall act with the care, competence, and
522	522	2 diligence ordinarily exercised by an individual in a similar
523	523	3 circumstance, with due regard to the possession of, or lack
524	524	4 of, special skills or expertise.
525	525	5 (c) A supporter shall complete the seek training developed
526	526	6 by the Guardianship and Advocacy Commission and education
527	527	7 regarding the responsibilities and limitations of the
528	528	8 supporter role within 45 days of signing the consent to act as
529	529	9 a supporter. The Guardianship and Advocacy Commission shall
530	530	10 provide public information about this Act and the supporter
531	531	11 role, responsibilities, and limitations.
532	532	12 The Guardianship and Advocacy Commission shall develop
533	533	13 training and education materials for both principals and
534	534	14 supporters, including, but not limited to, sample agreements
535	535	15 that will be posted on the website of the Commission along with
536	536	16 public awareness materials.
537	537	17 (Source: P.A. 102-614, eff. 2-27-22.)
538	538	18 (755 ILCS 9/50)
539	539	19 Sec. 50. Agreement instrument. A supported decision-making
540	540	20 agreement is valid if it substantially follows the following
541	541	21 form:
542	542	22 "SUPPORTED DECISION-MAKING AGREEMENT
543	543	23 Important Information for the Supporter: Duties
544	544
545	545
546	546
547	547
548	548
549	549	HB3372 - 15 - LRB104 10553 JRC 20629 b
550	550
551	551
552	552	HB3372- 16 -LRB104 10553 JRC 20629 b HB3372 - 16 - LRB104 10553 JRC 20629 b
553	553	HB3372 - 16 - LRB104 10553 JRC 20629 b
554	554	1 If you agree to provide support to the principal, you have
555	555	2 a duty to:
556	556	3 (1) act in good faith;
557	557	4 (2) act within the authority granted in this
558	558	5 agreement;
559	559	6 (3) act loyally and without self-interest; and
560	560	7 (4) avoid conflicts of interest; and .
561	561	8 (5) complete the training required by subsection (c)
562	562	9 of Section 30.
563	563	10 Appointment of Supporter
564	564	11 I, (insert principal's name), make this agreement of my
565	565	12 own free will.
566	566	13 I agree and designate that the following individual is my
567	567	14 supporter:
568	568	15 Name: ...............................................
569	569	16 Address: ............................................
570	570	17 Phone Number: .......................................
571	571	18 Email Address: ..........................................
572	572	19 My supporter is to help me make decisions for myself and
573	573	20 may help me with making everyday life decisions relating to
574	574	21 the following:
575	575	22 (Yes/No) obtaining food, clothing, and shelter.
576	576
577	577
578	578
579	579
580	580
581	581	HB3372 - 16 - LRB104 10553 JRC 20629 b
582	582
583	583
584	584	HB3372- 17 -LRB104 10553 JRC 20629 b HB3372 - 17 - LRB104 10553 JRC 20629 b
585	585	HB3372 - 17 - LRB104 10553 JRC 20629 b
586	586	1 (Yes/No) taking care of my physical and emotional
587	587	2 health.
588	588	3 (Yes/No) managing my financial affairs.
589	589	4 (Yes/No) applying for public benefits.
590	590	5 (Yes/No) helping me find work.
591	591	6 (Yes/No) assisting with residential services.
592	592	7 (Yes/No) helping me with school.
593	593	8 (Yes/No) helping me advocate for myself.
594	594	9 My supporter is not allowed to make decisions for me. To
595	595	10 help me with my decisions, my supporter may:
596	596	11 (1) help me access, collect, or obtain information
597	597	12 that is relevant to a decision, including medical,
598	598	13 psychological, financial, educational, housing, and
599	599	14 treatment records;
600	600	15 (2) help me understand my options so that I can make an
601	601	16 informed decision; and
602	602	17 (3) help me communicate my decision to appropriate
603	603	18 persons.
604	604	19 I want my supporter to have:
605	605	20 (Yes/No) A release allowing my supporter to see
606	606	21 protected health information under the Health Insurance
607	607	22 Portability and Accountability Act of 1996 is attached.
608	608	23 (Yes/No) A release allowing my supporter to see
609	609	24 confidential information under the Mental Health and
610	610
611	611
612	612
613	613
614	614
615	615	HB3372 - 17 - LRB104 10553 JRC 20629 b
616	616
617	617
618	618	HB3372- 18 -LRB104 10553 JRC 20629 b HB3372 - 18 - LRB104 10553 JRC 20629 b
619	619	HB3372 - 18 - LRB104 10553 JRC 20629 b
620	620	1 Developmental Disabilities Confidentiality Act is
621	621	2 attached.
622	622	3 (Yes/No) A release allowing my supporter to see
623	623	4 educational records under the Family Educational Rights
624	624	5 and Privacy Act of 1974 and the Illinois School Records
625	625	6 Act is attached.
626	626	7 (Yes/No) A release allowing my supporter to see
627	627	8 substance abuse records under Confidentiality of Alcohol
628	628	9 and Drug Abuse Patient Records regulations is attached.
629	629	10 This supported decision-making agreement is effective
630	630	11 immediately and will continue until (insert date) or until the
631	631	12 agreement is terminated by my supporter or me or by operation
632	632	13 of law.
633	633	14 Signed this .... day of ........, 20....
634	634	15 (Signature of Principal) (Printed name of principal)
635	635	16 Consent of Supporter
636	636	17 I, (name of supporter), consent to act as a supporter
637	637	18 under this agreement.
638	638	19 (Signature of supporter) (Printed name of supporter)
639	639	20 (Witness 1 signature) (Printed name of witness 1)
640	640	21 (Witness 2 signature) (Printed name of witness 2)
641	641
642	642
643	643
644	644
645	645
646	646	HB3372 - 18 - LRB104 10553 JRC 20629 b
647	647
648	648
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650	650	HB3372 - 19 - LRB104 10553 JRC 20629 b
651	651	1 WARNING: PROTECTION FOR THE ADULT WITH A DISABILITY
652	652	2 IF A PERSON WHO RECEIVES A COPY OF THIS AGREEMENT OR IS AWARE
653	653	3 OF THE EXISTENCE OF THIS AGREEMENT HAS CAUSE TO BELIEVE THAT
654	654	4 THE ADULT WITH A DISABILITY IS BEING ABUSED, NEGLECTED, OR
655	655	5 EXPLOITED BY THE SUPPORTER, THE PERSON SHALL REPORT THE
656	656	6 ALLEGED ABUSE, NEGLECT, OR EXPLOITATION TO THE ADULT
657	657	7 PROTECTIVE SERVICES HOTLINE: 1-866-800-1409, 1-888-206-1327
658	658	8 (TTY)."
659	659	9 This form is not intended to exclude other forms or
660	660	10 agreements that identify the principal, supporter, and types
661	661	11 of supports.
662	662	12 (Source: P.A. 102-614, eff. 2-27-22.)
663	663	13 (755 ILCS 9/70)
664	664	14 Sec. 70. Term of agreement; revocation.
665	665	15 (a) A supported decision-making agreement extends until
666	666	16 terminated by either party or by the terms of the agreement.
667	667	17 (b) A supported decision-making agreement is terminated
668	668	18 if:
669	669	19 (1) the Office of Inspector General or Adult
670	670	20 Protective Services substantiated an allegation of abuse
671	671	21 or neglect by the supporter; or
672	672	22 (2) there is a restraining order against the supporter
673	673
674	674
675	675
676	676
677	677
678	678	HB3372 - 19 - LRB104 10553 JRC 20629 b
679	679
680	680
681	681	HB3372- 20 -LRB104 10553 JRC 20629 b HB3372 - 20 - LRB104 10553 JRC 20629 b
682	682	HB3372 - 20 - LRB104 10553 JRC 20629 b
683	683	1 by or on behalf of the principal; .
684	684	2 (3) the principal revokes the agreement;
685	685	3 (4) the supporter resigns;
686	686	4 (5) ordered by a court; or
687	687	5 (6) the agreement includes a termination date.
688	688	6 (b-5) A supported decision-making agreement is suspended
689	689	7 while:
690	690	8 (1) the conditions of Section 15 of the Health Care
691	691	9 Surrogate Act are met;
692	692	10 (2) a medical or psychological evaluation has
693	693	11 concluded that the principal lacks decisional capacity but
694	694	12 a subsequent evaluation has not yet found the principal's
695	695	13 decisional capacity restored; or
696	696	14 (3) the agency established in a durable power of
697	697	15 attorney has begun but not yet terminated.
698	698	16 (c) A principal may revoke his or her supported
699	699	17 decision-making agreement and invalidate the supported
700	700	18 decision-making agreement at any time by:
701	701	19 (1) canceling or destroying the supported
702	702	20 decision-making agreement or directing another in the
703	703	21 presence of the principal to destroy the decision-making
704	704	22 agreement;
705	705	23 (2) executing a statement, in writing, that is signed
706	706	24 and dated by the principal, expressing his or her intent
707	707	25 to revoke the supported decision-making agreement; or
708	708	26 (3) verbally expressing the intent of the principal to
709	709
710	710
711	711
712	712
713	713
714	714	HB3372 - 20 - LRB104 10553 JRC 20629 b
715	715
716	716
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718	718	HB3372 - 21 - LRB104 10553 JRC 20629 b
719	719	1 revoke the supported decision-making agreement in the
720	720	2 presence of 2 witnesses.
721	721	3 (d) Unless the supported decision-making agreement
722	722	4 provides a different method for the resignation of the
723	723	5 supporter support, a supporter may resign by giving notice to
724	724	6 the principal.
725	725	7 (e) The last signed agreement holds.
726	726	8 (f) Upon the filing of a petition by an interested person,
727	727	9 a court may suspend or terminate a supported decision-making
728	728	10 agreement when necessary to ensure the well-being and safety
729	729	11 of the principal.
730	730	12 (Source: P.A. 102-614, eff. 2-27-22.)
731	731	HB3372- 22 -LRB104 10553 JRC 20629 b 1 INDEX 2 Statutes amended in order of appearance HB3372- 22 -LRB104 10553 JRC 20629 b HB3372 - 22 - LRB104 10553 JRC 20629 b 1 INDEX 2 Statutes amended in order of appearance
732	732	HB3372- 22 -LRB104 10553 JRC 20629 b HB3372 - 22 - LRB104 10553 JRC 20629 b
733	733	HB3372 - 22 - LRB104 10553 JRC 20629 b
734	734	1 INDEX
735	735	2 Statutes amended in order of appearance
736	736
737	737
738	738
739	739
740	740
741	741	HB3372 - 21 - LRB104 10553 JRC 20629 b
742	742
743	743
744	744
745	745	HB3372- 22 -LRB104 10553 JRC 20629 b HB3372 - 22 - LRB104 10553 JRC 20629 b
746	746	HB3372 - 22 - LRB104 10553 JRC 20629 b
747	747	1 INDEX
748	748	2 Statutes amended in order of appearance
749	749
750	750
751	751
752	752
753	753
754	754	HB3372 - 22 - LRB104 10553 JRC 20629 b