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HB5365 - 104th General Assembly
DISABILITY-DECISION MAKING
Last Action
House Sponsors
Rep. Michelle Mussman - Stephanie A. Kifowit - Suzanne M. NessSenate Sponsors
(Sen. Sara Feigenholtz)Statutes Amended In Order of Appearance
755 ILCS 5/1-2.15a new
755 ILCS 5/1-2.15b new
755 ILCS 5/11a-10from Ch. 110 1/2, par. 11a-10
755 ILCS 5/11a-11from Ch. 110 1/2, par. 11a-11
755 ILCS 5/11a-19from Ch. 110 1/2, par. 11a-19
Synopsis As Introduced
Amends the Probate Act of 1975. Requires that a guardian ad litem in a petition seeking a guardianship of an adult with alleged disability to inquire with the respondent before the hearing on whether a supported decision-making agreement is an appropriate alternative to guardianship or a limited guardianship is an appropriate alternative to plenary guardianship. Requires that the court make the same inquiry at the hearing and advise the respondent of the 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. Allows the existence of a supported decision-making agreement to be entered into evidence for purposes other than as evidence of capacity or incapacity. Requires that a support decision-making agreement must be written in plain language and include the following: (1) a list of the areas in which both the principal requests support and the supporter agrees to provide support; (2) the supporter's agreement that the supporter is not disqualified from acting as a supporter under the Act; (3) the supporter's agreement that the supporter will complete the training required by the Act; (4) a statement that a supporter is not authorized to make a decision for the principal; and ( 5) information about how to report suspicion that an adult with a disability is being abused, neglected, or exploited by the supporter. Requires that a supported decision-making agreement must be signed by the principal and each supporter. Provides that the principal may use reasonable modifications, such as assistive technology or physical assistant, to sign the agreement. Provides that a supported decision-making agreement should be reviewed by the principal and all supporters every 2 years and, updated as needed, in the same manner as an initial supported decision-making agreement is executed. Makes other changes.
House Floor Amendment No. 1
Deletes reference to:
755 ILCS 5/1-2.15a new
755 ILCS 5/1-2.15b new
755 ILCS 5/11a-10from Ch. 110 1/2, par. 11a-10
755 ILCS 5/11a-11from Ch. 110 1/2, par. 11a-11
755 ILCS 5/11a-19from Ch. 110 1/2, par. 11a-19
Replaces everything after the enacting clause. Deletes changes to the Probate Act of 1975. Reinserts provisions amending the Supported Decision-Making Act with these changes. Deletes provisions that provide that the capacity of an adult should be assessed with any supports, including supported decision-making, that the person is using or could use. Provides that a diagnosis of mental illness, intellectual disability, or developmental disability, of itself, does not void the presumption of capacity. Provides that the execution of a supported decision-making agreement may not be used as evidence of capacity or incapacity in any civil or criminal proceeding, but the existence of such an agreement may be entered into evidence. Deletes provisions that a court order terminates a supported decision-making agreement.
Actions
| Date | Chamber | Action |
|---|---|---|
| 2/05/2026 | House | Filed with the Clerk by Rep. Michelle Mussman |
| 2/10/2026 | House | First Reading |
| 2/10/2026 | House | Referred to Rules Committee |
| 3/12/2026 | House | Assigned to Judiciary - Civil Committee |
| 3/25/2026 | House | Do Pass / Short Debate Judiciary - Civil Committee; 013-006-000 |
| 3/25/2026 | House | Placed on Calendar 2nd Reading - Short Debate |
| 4/01/2026 | House | House Floor Amendment No. 1 Filed with Clerk by Rep. Michelle Mussman |
| 4/01/2026 | House | House Floor Amendment No. 1 Referred to Rules Committee |
| 4/07/2026 | House | House Floor Amendment No. 1 Rules Refers to Judiciary - Civil Committee |
| 4/08/2026 | House | House Floor Amendment No. 1 Recommends Be Adopted Judiciary - Civil Committee; 020-000-000 |
| 4/10/2026 | House | Second Reading - Short Debate |
| 4/10/2026 | House | Held on Calendar Order of Second Reading - Short Debate |
| 4/14/2026 | House | House Floor Amendment No. 1 Adopted |
| 4/14/2026 | House | Placed on Calendar Order of 3rd Reading - Short Debate |
| 4/14/2026 | House | Third Reading - Short Debate - Passed 109-000-000 |
| 4/14/2026 | House | Added Chief Co-Sponsor Rep. Stephanie A. Kifowit |
| 4/14/2026 | House | Added Chief Co-Sponsor Rep. Suzanne M. Ness |
| 4/15/2026 | Senate | Arrive in Senate |
| 4/15/2026 | Senate | Placed on Calendar Order of First Reading |
| 4/15/2026 | Senate | Chief Senate Sponsor Sen. Sara Feigenholtz |
| 4/15/2026 | Senate | First Reading |
| 4/15/2026 | Senate | Referred to Assignments |