SB1230 95TH GENERAL ASSEMBLY

LRB095 10643 AJO 30870 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB1230

Introduced 2/9/2007, by Sen. Dan Cronin

SYNOPSIS AS INTRODUCED:

755 ILCS 5/2-6.2
755 ILCS 5/18-1.1	from Ch. 110 1/2, par. 18-1.1

Amends the Probate Act of 1975. Provides that a person convicted of financial exploitation shall not receive payment for a statutory custodial claim (at present, a person may not receive property or a benefit as an heir, legatee, beneficiary, survivor, appointee, or in any other capacity). Provides that a statutory custodial claim shall be disallowed if the decedent expressly bars a relative from being paid a statutory custodial claim in a will or codicil executed by the decedent on a date that is after the relative dedicated himself or herself to the care of the decedent, lived with the decedent, and personally cared for the decedent for at least 3 years. Provides that the court may take into account and reduce the claim to the extent to which the person submitting the claim benefitted from the living arrangements with the decedent. Effective immediately.

A BILL FOR

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, as defined in Section 11a-3, 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. The claim shall be mitigated to the extent that the living arrangements provided a benefit to the claimant including but not limited to free or low-cost housing, freedom from the necessity of employment, and care provided to the claimant by the decedent or, indirectly, from others as a result of the nature of the living arrangement. 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, $100,000

2. 75% disability, $75,000

3. 50% disability, $50,000

4. 25% disability, $25,000

A claim under this Section shall be disallowed if the decedent expressly barred by name a spouse, parent, brother, sister, or child from being paid a statutory custodial claim in a will or codicil executed on a date that is after the named person dedicated himself or herself to the care of the decedent, lived with the decedent, and personally cared for the decedent for at least 3 years.

(Source: P.A. 87-908.)

Section 99. Effective date. This Act takes effect upon becoming law.