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Public Act 102-0614


 

Public Act 0614 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0614
 
HB3849 EnrolledLRB102 12658 LNS 17997 b

    AN ACT concerning civil law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the
Supported Decision-Making Agreement Act.
 
    Section 5. Purpose; interpretation. The purpose of this
Act is to recognize a less-restrictive alternative to
guardianship for adults with intellectual and developmental
disabilities who need assistance with decisions regarding
daily living.
    This Act shall be administered and interpreted in
accordance with the following principles:
        (1) All adults should be able to live in the manner
    they choose and to accept or refuse support, assistance,
    or protection as long as they do not harm others and are
    capable of making decisions about those matters.
        (2) All adults should be able to be informed about
    and, to the best of their ability, participate in
    decisions regarding daily living.
        (3) All adults should receive the most effective yet
    least restrictive and intrusive forms of support,
    assistance, and protection when they are unable to care
    for themselves or manage their affairs alone.
        (4) The values, beliefs, wishes, cultural norms, and
    traditions that the principal holds should be respected.
 
    Section 10. Definitions. As used in this Act:
    "Adult" means a person who is at least 18 years of age.
    "Everyday life decisions" means decisions that support
one's existence, including, but not limited to, decisions
regarding medical care and treatment, one's residence, work,
finances, and social life.
    "Principal" means an adult with intellectual or
developmental disabilities who seeks to enter, or has entered,
into a supported decision-making agreement with a supporter
under this Act.
    "Supported decision-making agreement" means an agreement
between a principal and a supporter under this Act.
    "Supporter" means an adult who has entered into a
supported decision-making agreement with a principal under
this Act.
 
    Section 15. Presumption of capability.
    (a) All adults are presumed to be capable of making
decisions regarding daily living and to have capacity unless
otherwise determined by a court. A diagnosis of mental
illness, intellectual disability, or developmental disability,
of itself, does not void the presumption of capacity.
    (b) The manner in which an adult communicates with others
is not grounds for deciding that the adult is incapable of
managing the affairs of the adult.
    (c) The execution of a supported decision-making agreement
may not be used as evidence of capacity or incapacity in any
civil or criminal proceeding and does not preclude the ability
of the adult who has entered into a supported decision-making
agreement to act independently of the agreement.
 
    Section 20. Supporter disqualifications. The following
persons are disqualified from acting as a supporter:
        (1) a person who is an employer or employee of the
    principal, unless the person is an immediate family member
    of the principal;
        (2) a person directly providing paid support services
    to the principal, unless the person is an immediate family
    member of the principal;
        (3) a person who works for an agency that is
    financially responsible for the care of the principal;
        (4) a person who is listed on the Health Care Worker
    Registry maintained by the Illinois Department of Public
    Health as ineligible to work;
        (5) an individual who is the subject of a civil or
    criminal order prohibiting contact with the principal; and
        (6) a person who has been convicted of:
            (i) a sex offense;
            (ii) aggravated assault;
            (iii) fraud;
            (iv) theft;
            (v) forgery; or
            (vi) extortion.
 
    Section 25. Authority of the supporter. A supporter may
exercise the authority granted to the supporter in the
supported decision-making agreement.
 
    Section 30. Supporter duties.
    (a) Except as otherwise provided by a supported
decision-making agreement, a supporter may:
        (1) Assist the principal in understanding information,
    options, responsibilities, and consequences of the life
    decisions of the principal, including those decisions
    related to the affairs or support services of the
    principal.
        (2) Help the principal access, obtain, and understand
    any information that is relevant to any given life
    decision, including a medical, psychological, financial,
    or educational decision, or any treatment records or
    records necessary to manage the affairs or support
    services of the principal.
        (3) Assist the principal in finding, obtaining, making
    appointments for, and implementing the support services or
    plans for support services of the principal.
        (4) Help the principal monitor information about the
    affairs or support services of the principal, including
    keeping track of future necessary or recommended services.
        (5) Ascertain the wishes and decisions of the
    principal in order to advocate that the wishes and
    decisions of an individual with disabilities are
    implemented.
    (b) A supporter shall act with the care, competence, and
diligence ordinarily exercised by an individual in a similar
circumstance, with due regard to the possession of, or lack
of, special skills or expertise.
    (c) A supporter shall seek training and education
regarding the responsibilities and limitations of the
supporter role. The Guardianship and Advocacy Commission shall
provide public information about this Act and the supporter
role, responsibilities, and limitations.
    The Guardianship and Advocacy Commission shall develop
training and education materials for both principals and
supporters, including, but not limited to, sample agreements
that will be posted on the website of the Commission along with
public awareness materials.
 
    Section 35. Supporter prohibitions. A supporter is
prohibited from:
        (1) Exerting undue influence upon, or making decisions
    on behalf of, the principal.
        (2) Obtaining, without the consent of the principal,
    information that is not reasonably related to matters with
    which the supporter is authorized to assist under the
    supported decision-making agreement.
        (3) Using, without the consent of the principal,
    information acquired for a purpose other than assisting
    the principal to make a decision under the supported
    decision-making agreement.
        (4) Receiving compensation for acting as a supporter,
    except as otherwise provided by this Act.
 
    Section 40. Access to personal information.
    (a) A supporter is only authorized to assist the principal
in accessing, collecting, or obtaining information that is
relevant to a decision authorized under the supported
decision-making agreement.
    (b) If a supporter assists a principal in accessing,
collecting, or obtaining personal information, including
protected health information under the Health Insurance
Portability and Accountability Act of 1996 or educational
records under the Family Educational Rights and Privacy Act of
1974, the supporter shall ensure that the information is kept
privileged and confidential, as applicable, and is not subject
to unauthorized access, use, or disclosure.
    (c) The existence of a supported decision-making agreement
does not preclude a principal from seeking personal
information without the assistance of the supporter.
 
    Section 45. Authorization and witnesses. A principal and
his or her supporter entering into a supported decision-making
agreement shall sign and date the agreement in the presence of
2 or more subscribing witnesses who are at least 18 years of
age. The principal's supporter shall not serve as a witness to
the support decision-making agreement.
 
    Section 50. Agreement instrument. A supported
decision-making agreement is valid if it substantially follows
the following form:
"SUPPORTED DECISION-MAKING AGREEMENT

 
Important Information for the Supporter: Duties

 
    If you agree to provide support to the principal, you have
a duty to:
        (1) act in good faith;
        (2) act within the authority granted in this
    agreement;
        (3) act loyally and without self-interest; and
        (4) avoid conflicts of interest.
 
Appointment of Supporter

 
    I, (insert principal's name), make this agreement of my
own free will.
 
    I agree and designate that the following individual is my
supporter:
    Name: ...............................................
    Address: ............................................
    Phone Number: .......................................
    Email Address: ..........................................
 
    My supporter is to help me make decisions for myself and
may help me with making everyday life decisions relating to
the following:
    (Yes/No)   obtaining food, clothing, and shelter.
    (Yes/No)   taking care of my physical and emotional
health.
    (Yes/No)   managing my financial affairs.
    (Yes/No)   applying for public benefits.
    (Yes/No)   helping me find work.
    (Yes/No)   assisting with residential services.
    (Yes/No)   helping me with school.
    (Yes/No)   helping me advocate for myself.
 
    My supporter is not allowed to make decisions for me. To
help me with my decisions, my supporter may:
        (1) help me access, collect, or obtain information
    that is relevant to a decision, including medical,
    psychological, financial, educational, housing, and
    treatment records;
        (2) help me understand my options so that I can make an
    informed decision; and
        (3) help me communicate my decision to appropriate
    persons.
 
    I want my supporter to have:
        (Yes/No)  A release allowing my supporter to see
    protected health information under the Health Insurance
    Portability and Accountability Act of 1996 is attached.
        (Yes/No)  A release allowing my supporter to see
    confidential information under the Mental Health and
    Developmental Disabilities Confidentiality Act is
    attached.
        (Yes/No)  A release allowing my supporter to see
    educational records under the Family Educational Rights
    and Privacy Act of 1974 and the Illinois School Records
    Act is attached.
        (Yes/No)  A release allowing my supporter to see
    substance abuse records under Confidentiality of Alcohol
    and Drug Abuse Patient Records regulations is attached.
 
    This supported decision-making agreement is effective
immediately and will continue until (insert date) or until the
agreement is terminated by my supporter or me or by operation
of law.
    Signed this .... day of ........, 20....
 
    (Signature of Principal)   (Printed name of principal)
 
Consent of Supporter

 
    I, (name of supporter), consent to act as a supporter
under this agreement.
 
    (Signature of supporter)  (Printed name of supporter)
    (Witness 1 signature)      (Printed name of witness 1)
    (Witness 2 signature)      (Printed name of witness 2)
 
WARNING: PROTECTION FOR THE ADULT WITH A DISABILITY

 
IF A PERSON WHO RECEIVES A COPY OF THIS AGREEMENT OR IS AWARE
OF THE EXISTENCE OF THIS AGREEMENT HAS CAUSE TO BELIEVE THAT
THE ADULT WITH A DISABILITY IS BEING ABUSED, NEGLECTED, OR
EXPLOITED BY THE SUPPORTER, THE PERSON SHALL REPORT THE
ALLEGED ABUSE, NEGLECT, OR EXPLOITATION TO THE ADULT
PROTECTIVE SERVICES HOTLINE: 1-866-800-1409, 1-888-206-1327
(TTY)."
 
     This form is not intended to exclude other forms or
agreements that identify the principal, supporter, and types
of supports.
 
    Section 55. Reliance on agreement; limitation of
liability.
    (a) A person who receives the original or a copy of a
supported decision-making agreement shall rely on the
agreement.
    (b) A person is not subject to criminal or civil liability
and has not engaged in professional misconduct for an act or
omission if the act or omission is done in good faith and in
reliance on a supported decision-making agreement.
 
    Section 60. Recognition of supporters. A decision or
request made or communicated with the assistance of a
supporter in conformity with this Act shall be recognized for
the purposes of any provision of law as the decision or request
of the principal and may be enforced by the principal or
supporter in law or equity on the same basis as a decision or
request of the principal.
 
    Section 65. Reporting of suspected abuse, neglect, or
exploitation. If a person who receives a copy of a supported
decision-making agreement or is aware of the existence of a
supported decision-making agreement and has cause to believe
that the adult with a disability is being abused, neglected,
or exploited by the supporter, the person shall report the
alleged abuse, neglect, or exploitation to the Adult
Protective Services Hotline: 1-866-800-1409, 1-888-206-1327
(TTY).
 
    Section 70. Term of agreement; revocation.
    (a) A supported decision-making agreement extends until
terminated by either party or by the terms of the agreement.
    (b) A supported decision-making agreement is terminated
if:
        (1) the Office of Inspector General or Adult
    Protective Services substantiated an allegation of abuse
    or neglect by the supporter; or
        (2) there is a restraining order against the supporter
    by the principal.
    (c) A principal may revoke his or her supported
decision-making agreement and invalidate the supported
decision-making agreement at any time by:
        (1) canceling or destroying the supported
    decision-making agreement or directing another in the
    presence of the principal to destroy the decision-making
    agreement;
        (2) executing a statement, in writing, that is signed
    and dated by the principal, expressing his or her intent
    to revoke the supported decision-making agreement; or
        (3) verbally expressing the intent of the principal to
    revoke the supported decision-making agreement in the
    presence of 2 witnesses.
    (d) Unless the supported decision-making agreement
provides a different method for the resignation of the
support, a supporter may resign by giving notice to the
principal.
    (e) The last signed agreement holds.
 
    Section 99. Effective date. This Act takes effect 6 months
after becoming law.

Effective Date: 2/27/2022