Rep. Sara Wojcicki Jimenez
Filed: 3/6/2018
 
 

 

 

 
10000HB4309ham001LRB100 15441 HEP 37136 a



1
AMENDMENT TO HOUSE BILL 4309




2    AMENDMENT NO. ______. Amend House Bill 4309 by replacing 
3everything after the enacting clause with the following:

 
 
4    "Section 1. Short title; references to Act.
5    (a) Short title. This Act may be cited as the Frail Elderly 
6Individual Family Visitation Protection Act.
7    (b) References to Act. This Act may be referred to as the 
8Kasem/Baksys Visitation Law.
 
9    Section 5. Definitions. As used in this Act:
10    "Family caregiver" means an adult family member who is a 
11provider of in-home care to a frail elderly individual. 
12    "Family member" means the spouse, adult child, adult 
13grandchild, or other close relative of the frail elderly 
14individual.
15    "Frail elderly individual" means an adult over 60 years of 
16age who is determined by a court to be functionally impaired 
 
 
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1because the person: (i) is unable to perform at least 2 
2activities of daily living without substantial human 
3assistance, including verbal reminding, physical cueing, or 
4supervision; or (ii) due to a cognitive or other mental 
5impairment, requires substantial supervision because the 
6person behaves in a manner that poses a serious health or 
7safety hazard to the person or to another person.
  
 
8    Section 10. Visitation with frail elderly individuals. 
9    (a) If a family caregiver unreasonably prevents a family 
10member from visiting the frail elderly individual, the court, 
11upon a verified petition by the family member, may order the 
12family caregiver to permit such visitation as the court deems 
13reasonable and appropriate under the circumstances.
14    (b) In making its determination, the court shall consider:
15        (1) the nature and extent of the frail elderly 
16    individual's functional impairment;
17        (2) the frail elderly individual's previously 
18    expressed preferences in regard to visitation with the 
19    family member petitioning for visitation;
20        (3) the history of visitation between the frail elderly 
21    individual and the family member petitioning for 
22    visitation;
23        (4) the opinions of any family members and the family 
24    caregiver with respect to visitation between the 
25    petitioner and the frail elderly individual; and
 
 
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1        (5) any other area of inquiry deemed appropriate by the 
2    court under the circumstances.
3    (c) The court shall not allow visitation if the court finds 
4that: (i) the frail elderly individual, while having capacity 
5to evaluate and communicate decisions regarding visitation, 
6expresses a desire to not have visitation with the family 
7member; or (ii) visitation between the family member and the 
8frail elderly individual is not in the best interests of the 
9frail elderly individual.
10    (d) The court may appoint a guardian ad litem for the frail 
11elderly individual if it determines such appointment to be in 
12the frail elderly individual's best interests. 

 
13    Section 15. Notice of hospitalization, change or 
14residence, or death of frail elderly individual. If the court 
15grants the petition of a family member for visitation in 
16accordance with Section 10, the court may also order the family 
17caregiver to use reasonable efforts to notify the family member 
18of the frail elderly individual's hospitalization, admission 
19to a healthcare facility, change in permanent residence, or 
20death.
 
21    Section 20. Applicability. This Act does not apply if: (i) 
22the frail elderly individual is a person under guardianship 
23pursuant to Article XIa of the Probate Act of 1975; or (ii) the 
24family caregiver is acting as agent under a power of attorney 
 
 
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1or acting at the direction of an agent under a power of 
2attorney pursuant to the Illinois Power of Attorney Act.".