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Bill > HB3372

IL HB3372

IL HB3372
GUARDIANSHIP-ALTERNATIVES

summary

Introduced
02/07/2025
In Committee
03/21/2025
Crossed Over
Passed
Dead

Introduced Session

104th General Assembly

Bill Summary

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.

AI Summary

This bill amends the Probate Act of 1975 and the Supported Decision-Making Agreement Act to expand and clarify alternatives to traditional guardianship for adults with disabilities. The bill requires courts to inquire about supported decision-making agreements during guardianship hearings and inform wards of their right to modify disability adjudications. Importantly, the bill removes the previous requirement that supported decision-making agreements only apply to adults with intellectual or developmental disabilities, thereby expanding the potential use of these agreements. The legislation now explicitly states that diagnoses like Alzheimer's or dementia do not automatically void an adult's decision-making capacity. The bill introduces new provisions for supporters in these agreements, including mandatory training within 45 days of signing and clear guidelines for terminating or suspending agreements. Supporters can help principals understand information, access records, and make decisions, but cannot make decisions on their behalf. The bill also provides mechanisms for terminating agreements, such as when there's a restraining order, when the principal revokes the agreement, or when a court determines it necessary to ensure the principal's well-being and safety. These changes aim to provide more flexible, less restrictive alternatives to guardianship that preserve an individual's autonomy and right to make decisions about their own life.

Committee Categories

Justice

Sponsors (1)

Last Action

Rule 19(a) / Re-referred to Rules Committee (on 03/21/2025)

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