HB4309ham001 100TH GENERAL ASSEMBLY

Rep. Sara Wojcicki Jimenez

Filed: 3/6/2018

10000HB4309ham001 LRB100 15441 HEP 37136 a

AMENDMENT TO HOUSE BILL 4309

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

"Section 1. Short title; references to Act.

(a) Short title. This Act may be cited as the Frail Elderly Individual Family Visitation Protection Act.

(b) References to Act. This Act may be referred to as the Kasem/Baksys Visitation Law.

Section 5. Definitions. As used in this Act:

"Family caregiver" means an adult family member who is a provider of in-home care to a frail elderly individual.

"Family member" means the spouse, adult child, adult grandchild, or other close relative of the frail elderly individual.

"Frail elderly individual" means an adult over 60 years of age who is determined by a court to be functionally impaired because the person: (i) is unable to perform at least 2 activities of daily living without substantial human assistance, including verbal reminding, physical cueing, or supervision; or (ii) due to a cognitive or other mental impairment, requires substantial supervision because the person behaves in a manner that poses a serious health or safety hazard to the person or to another person.

Section 10. Visitation with frail elderly individuals.

(a) If a family caregiver unreasonably prevents a family member from visiting the frail elderly individual, the court, upon a verified petition by the family member, may order the family caregiver to permit such visitation as the court deems reasonable and appropriate under the circumstances.

(b) In making its determination, the court shall consider:

(1) the nature and extent of the frail elderly individual's functional impairment;

(2) the frail elderly individual's previously expressed preferences in regard to visitation with the family member petitioning for visitation;

(3) the history of visitation between the frail elderly individual and the family member petitioning for visitation;

(4) the opinions of any family members and the family caregiver with respect to visitation between the petitioner and the frail elderly individual; and

(5) any other area of inquiry deemed appropriate by the court under the circumstances.

(c) The court shall not allow visitation if the court finds that: (i) the frail elderly individual, while having capacity to evaluate and communicate decisions regarding visitation, expresses a desire to not have visitation with the family member; or (ii) visitation between the family member and the frail elderly individual is not in the best interests of the frail elderly individual.

(d) The court may appoint a guardian ad litem for the frail elderly individual if it determines such appointment to be in the frail elderly individual's best interests.

Section 15. Notice of hospitalization, change or residence, or death of frail elderly individual. If the court grants the petition of a family member for visitation in accordance with Section 10, the court may also order the family caregiver to use reasonable efforts to notify the family member of the frail elderly individual's hospitalization, admission to a healthcare facility, change in permanent residence, or death.

Section 20. Applicability. This Act does not apply if: (i) the frail elderly individual is a person under guardianship pursuant to Article XIa of the Probate Act of 1975; or (ii) the family caregiver is acting as agent under a power of attorney or acting at the direction of an agent under a power of attorney pursuant to the Illinois Power of Attorney Act.".