Illinois General Assembly - Illinois Compiled Statutes

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755 ILCS 5/2-6.2

(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 12-1, 12-2, 12-3, 12-3.05, or 12-21 or subsection (b) of Section 12-4.4a of the Criminal Code of
1961 or the Criminal Code of 2012.

"Elderly person" has the meaning provided in subsection (e) of Section 12-4.4a of the Criminal Code of 2012.

"Financial exploitation" means any offense or act described or defined in Section 16-1.3 or 17-56 of the
Criminal Code of 1961 or the Criminal Code of 2012, and, in the context of civil proceedings, the taking, use, or other misappropriation of the assets or resources of an elderly person or a person with a disability contrary to law, including, but not limited to, misappropriation of assets or resources by undue influence, breach of a fiduciary relationship, fraud, deception, extortion, and conversion.

"Neglect" means any offense described in Section 12-19 or subsection (a) of Section 12-4.4a of the Criminal Code
of 1961 or the Criminal Code of 2012.

(b) Persons convicted of financial exploitation,
abuse, or neglect of an elderly person or a person with a disability or persons who have been found by a preponderance of the evidence to be civilly liable for financial exploitation 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. Except as provided in subsection (f) of this Section, the property, benefit, or other
interest shall pass as if the person convicted of the
financial exploitation, abuse, or neglect or person found civilly liable for financial exploitation 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 or a person who has been found by a preponderance of the evidence to be civilly liable for financial exploitation 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 or finding of civil liability and subsequent to the
conviction or finding of civil liability 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 or the person found by a preponderance of the evidence to be civilly liable for financial exploitation 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 or the person who has been found by a preponderance of the evidence to be civilly liable for financial exploitation if the distribution or release
occurs
prior to the conviction or finding of civil liability.

(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, 16-1.3, or 17-56, or subsection (a) or (b) of Section 12-4.4a, of the Criminal Code of 1961 or the Criminal Code of 2012 or the person who has been found by a preponderance of the evidence to be civilly liable for financial exploitation
unless the holder knowingly distributes or releases the property, benefit, or
other interest to the person so convicted or found civilly liable 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 or has been found by a preponderance of the evidence to be civilly liable for financial exploitation 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.

(e)  A civil action against a person for financial exploitation may be brought by an interested person, pursuant to this Section, after the death of the victim or during the lifetime of the victim if the victim is  adjudicated a person with a disability. A guardian is under no duty to bring a civil action under this subsection during the ward's lifetime, but may do so if the guardian believes it is in the best interests of the ward.

(f)  The court may, in its discretion, consider such facts and circumstances as it deems appropriate to allow the person found civilly liable for financial exploitation to receive a reduction in interest or benefit rather than no interest or benefit as stated under subsection (b) of this Section.

(Source: P.A. 101-182, eff. 1-1-20.)