SB0481 Engrossed LRB095 06275 AJO 26370 b

1     AN ACT concerning civil law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Probate Act of 1975 is amended by changing
5 Sections 2-6.2 and 18-1.1 as follows:
 
6     (755 ILCS 5/2-6.2)
7     Sec. 2-6.2. Financial exploitation, abuse, or neglect of an
8 elderly person or a person with a disability.
9     (a) In this Section:
10     "Abuse" means any offense described in Section 12-21 of the
11 Criminal Code of 1961.
12     "Financial exploitation" means any offense described in
13 Section 16-1.3 of the Criminal Code of 1961.
14     "Neglect" means any offense described in Section 12-19 of
15 the Criminal Code of 1961.
16     (b) Persons convicted of financial exploitation, abuse, or
17 neglect of an elderly person or a person with a disability
18 shall not receive any property, benefit, or other interest by
19 reason of the death of that elderly person or person with a
20 disability, whether as heir, legatee, beneficiary, survivor,
21 appointee, claimant under Section 18-1.1, or in any other
22 capacity and whether the property, benefit, or other interest
23 passes pursuant to any form of title registration, testamentary

 

 

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1 or nontestamentary instrument, intestacy, renunciation, or any
2 other circumstance. The property, benefit, or other interest
3 shall pass as if the person convicted of the financial
4 exploitation, abuse, or neglect died before the decedent,
5 provided that with respect to joint tenancy property the
6 interest possessed prior to the death by the person convicted
7 of the financial exploitation, abuse, or neglect shall not be
8 diminished by the application of this Section. Notwithstanding
9 the foregoing, a person convicted of financial exploitation,
10 abuse, or neglect of an elderly person or a person with a
11 disability shall be entitled to receive property, a benefit, or
12 an interest in any capacity and under any circumstances
13 described in this subsection (b) if it is demonstrated by clear
14 and convincing evidence that the victim of that offense knew of
15 the conviction and subsequent to the conviction expressed or
16 ratified his or her intent to transfer the property, benefit,
17 or interest to the person convicted of financial exploitation,
18 abuse, or neglect of an elderly person or a person with a
19 disability in any manner contemplated by this subsection (b).
20     (c) (1) The holder of any property subject to the
21     provisions of this Section shall not be liable for
22     distributing or releasing the property to the person
23     convicted of financial exploitation, abuse, or neglect of
24     an elderly person or a person with a disability if the
25     distribution or release occurs prior to the conviction.
26         (2) If the holder is a financial institution, trust

 

 

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1     company, trustee, or similar entity or person, the holder
2     shall not be liable for any distribution or release of the
3     property, benefit, or other interest to the person
4     convicted of a violation of Section 12-19, 12-21, or 16-1.3
5     of the Criminal Code of 1961 unless the holder knowingly
6     distributes or releases the property, benefit, or other
7     interest to the person so convicted after first having
8     received actual written notice of the conviction in
9     sufficient time to act upon the notice.
10     (d) If the holder of any property subject to the provisions
11 of this Section knows that a potential beneficiary has been
12 convicted of financial exploitation, abuse, or neglect of an
13 elderly person or a person with a disability within the scope
14 of this Section, the holder shall fully cooperate with law
15 enforcement authorities and judicial officers in connection
16 with any investigation of the financial exploitation, abuse, or
17 neglect. If the holder is a person or entity that is subject to
18 regulation by a regulatory agency pursuant to the laws of this
19 or any other state or pursuant to the laws of the United
20 States, including but not limited to the business of a
21 financial institution, corporate fiduciary, or insurance
22 company, then such person or entity shall not be deemed to be
23 in violation of this Section to the extent that privacy laws
24 and regulations applicable to such person or entity prevent it
25 from voluntarily providing law enforcement authorities or
26 judicial officers with information.

 

 

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1 (Source: P.A. 93-299, eff. 1-1-04.)
 
2     (755 ILCS 5/18-1.1)  (from Ch. 110 1/2, par. 18-1.1)
3     Sec. 18-1.1. Statutory custodial claim. Any spouse,
4 parent, brother, sister, or child of a disabled person who
5 dedicates himself or herself to the care of the disabled person
6 by living with and personally caring for the disabled person
7 for at least 3 years shall be entitled to a claim against the
8 estate upon the death of the disabled person. The claim shall
9 take into consideration the claimant's lost employment
10 opportunities, lost lifestyle opportunities, and emotional
11 distress experienced as a result of personally caring for the
12 disabled person. Notwithstanding the statutory claim amounts
13 stated in this Section, a court may reduce an amount to the
14 extent that the living arrangements were intended to and did in
15 fact also provide a physical or financial benefit to the
16 claimant. The factors a court may consider in determining
17 whether to reduce a statutory custodial claim amount may
18 include but are not limited to: (i) the free or low cost of
19 housing provided to the claimant; (ii) the alleviation of the
20 need for the claimant to be employed full time; (iii) any
21 financial benefit provided to the claimant; (iv) the personal
22 care received by the claimant from the decedent or others; and
23 (v) the proximity of the care provided by the claimant to the
24 decedent to the time of the decedent's death. The claim shall
25 be in addition to any other claim, including without limitation

 

 

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1 a reasonable claim for nursing and other care. The claim shall
2 be based upon the nature and extent of the person's disability
3 and, at a minimum but subject to the extent of the assets
4 available, shall be in the amounts set forth below:
5     1. 100% disability, $180,000 $100,000
6     2. 75% disability, $135,000 $75,000
7     3. 50% disability, $90,000 $50,000
8     4. 25% disability, $45,000 $25,000
9 (Source: P.A. 87-908.)