Illinois General Assembly - Full Text of Public Act 095-0315
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Public Act 095-0315


 

Public Act 0315 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0315
 
SB0481 Enrolled LRB095 06275 AJO 26370 b

    AN ACT concerning civil law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Probate Act of 1975 is amended by changing
Sections 2-6.2 and 18-1.1 as follows:
 
    (755 ILCS 5/2-6.2)
    Sec. 2-6.2. Financial exploitation, abuse, or neglect of an
elderly person or a person with a disability.
    (a) In this Section:
    "Abuse" means any offense described in Section 12-21 of the
Criminal Code of 1961.
    "Financial exploitation" means any offense described in
Section 16-1.3 of the Criminal Code of 1961.
    "Neglect" means any offense described in Section 12-19 of
the Criminal Code of 1961.
    (b) Persons convicted of financial exploitation, abuse, or
neglect of an elderly person or a person with a disability
shall not receive any property, benefit, or other interest by
reason of the death of that elderly person or person with a
disability, whether as heir, legatee, beneficiary, survivor,
appointee, claimant under Section 18-1.1, or in any other
capacity and whether the property, benefit, or other interest
passes pursuant to any form of title registration, testamentary
or nontestamentary instrument, intestacy, renunciation, or any
other circumstance. The property, benefit, or other interest
shall pass as if the person convicted of the financial
exploitation, abuse, or neglect died before the decedent,
provided that with respect to joint tenancy property the
interest possessed prior to the death by the person convicted
of the financial exploitation, abuse, or neglect shall not be
diminished by the application of this Section. Notwithstanding
the foregoing, a person convicted of financial exploitation,
abuse, or neglect of an elderly person or a person with a
disability shall be entitled to receive property, a benefit, or
an interest in any capacity and under any circumstances
described in this subsection (b) if it is demonstrated by clear
and convincing evidence that the victim of that offense knew of
the conviction and subsequent to the conviction expressed or
ratified his or her intent to transfer the property, benefit,
or interest to the person convicted of financial exploitation,
abuse, or neglect of an elderly person or a person with a
disability in any manner contemplated by this subsection (b).
    (c) (1) The holder of any property subject to the
    provisions of this Section shall not be liable for
    distributing or releasing the property to the person
    convicted of financial exploitation, abuse, or neglect of
    an elderly person or a person with a disability if the
    distribution or release occurs prior to the conviction.
        (2) If the holder is a financial institution, trust
    company, trustee, or similar entity or person, the holder
    shall not be liable for any distribution or release of the
    property, benefit, or other interest to the person
    convicted of a violation of Section 12-19, 12-21, or 16-1.3
    of the Criminal Code of 1961 unless the holder knowingly
    distributes or releases the property, benefit, or other
    interest to the person so convicted after first having
    received actual written notice of the conviction in
    sufficient time to act upon the notice.
    (d) If the holder of any property subject to the provisions
of this Section knows that a potential beneficiary has been
convicted of financial exploitation, abuse, or neglect of an
elderly person or a person with a disability within the scope
of this Section, the holder shall fully cooperate with law
enforcement authorities and judicial officers in connection
with any investigation of the financial exploitation, abuse, or
neglect. If the holder is a person or entity that is subject to
regulation by a regulatory agency pursuant to the laws of this
or any other state or pursuant to the laws of the United
States, including but not limited to the business of a
financial institution, corporate fiduciary, or insurance
company, then such person or entity shall not be deemed to be
in violation of this Section to the extent that privacy laws
and regulations applicable to such person or entity prevent it
from voluntarily providing law enforcement authorities or
judicial officers with information.
(Source: P.A. 93-299, eff. 1-1-04.)
 
    (755 ILCS 5/18-1.1)  (from Ch. 110 1/2, par. 18-1.1)
    Sec. 18-1.1. Statutory custodial claim. Any spouse,
parent, brother, sister, or child of a disabled person who
dedicates himself or herself to the care of the disabled person
by living with and personally caring for the disabled person
for at least 3 years shall be entitled to a claim against the
estate upon the death of the disabled person. The claim shall
take into consideration the claimant's lost employment
opportunities, lost lifestyle opportunities, and emotional
distress experienced as a result of personally caring for the
disabled person. Notwithstanding the statutory claim amounts
stated in this Section, a court may reduce an amount to the
extent that the living arrangements were intended to and did in
fact also provide a physical or financial benefit to the
claimant. The factors a court may consider in determining
whether to reduce a statutory custodial claim amount may
include but are not limited to: (i) the free or low cost of
housing provided to the claimant; (ii) the alleviation of the
need for the claimant to be employed full time; (iii) any
financial benefit provided to the claimant; (iv) the personal
care received by the claimant from the decedent or others; and
(v) the proximity of the care provided by the claimant to the
decedent to the time of the decedent's death. The claim shall
be in addition to any other claim, including without limitation
a reasonable claim for nursing and other care. The claim shall
be based upon the nature and extent of the person's disability
and, at a minimum but subject to the extent of the assets
available, shall be in the amounts set forth below:
    1. 100% disability, $180,000 $100,000
    2. 75% disability, $135,000 $75,000
    3. 50% disability, $90,000 $50,000
    4. 25% disability, $45,000 $25,000
(Source: P.A. 87-908.)

Effective Date: 1/1/2008