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New Illinois Laws for 2016, Part 2: Guardianship & Health

Illinois Laws Part 2

Last week I introduced six new Illinois laws for 2016 related to probate, trusts and estate planning.

This week I will provide short summaries of eight new Illinois laws that relate to guardianship, health care and elder law matters.

In all, last year the Illinois legislature passed 237 new laws.

For a summary in chart form of all of them, read here.

New Illinois Laws for 2016: Guardianship and Health Care

1. Citations in Guardianship Estates. Public Act 099-0093 (eff. 1/1/16) expands the ability to file probate citations to recover against those that “may be liable to the estate of a ward pursuant to any civil cause of action.”

2. Court Orders for Interstate Relocation of Minors in Guardianship. Public Act 099-0207 (eff. 7/31/15) requires that court orders for out-of-state relocation of minors must include the date of removal, reasons for removal and new address of minor.

3. Expanded Access to Adoption Registry for Biological Grandparents. Public Act 099-045 (eff. 1/1/16) gives biological grandparents access to the Adoption Registry, which permits more access to information and allows an adopted child to find them.

4. Broadened Civil Liability for Financial Exploitation of Elderly. Public Act 099-272 (eff. 1/1/16) broadens the civil liability provisions for financial exploitation of an elderly or disabled person such that criminal charges are no longer a prerequisite to filing a civil lawsuit.

5. Electronic Monitoring for Nursing Home Resident. Public Act 099-430 (eff. 1/1/16) allows for the use of electronic monitoring of a room for the protection of a nursing home resident.

6. Student Optional Disclosure of Private Mental Health. Public Act 099-278 (eff. 1/1/16) provides that upon enrollment at an Illinois college a student must be given the opportunity to authorize in writing the disclosure of certain private mental health information to a designated person.

7. Right to Try Act for Terminally Ill Patients Expanded. Public Act 099-270 (eff. 1/1/16) provides that the usual review requirements do not apply to investigational drugs, biological product, or devices used by a terminally ill resident.

8. Designated Caregivers for Inpatient Admissions. Public Act 099-0222 (eff. 1/27/16) is the so-called “Care” (Caregiver Advise, Record, and Enable) Act, which requires hospital to offer inpatients the ability to designate a caregiver who will receive training regarding the patient’s needs.

What’s On Tap?

My understanding is that a number of important bills will be considered by the Illinois legislature in 2016. These include the Revised Uniform Fiduciary Access to Digital Assets Act and a major rewrite of the Illinois Trusts and Trustees Act.