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| Public Act 100-0850 | ||||
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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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. | ||||
"Petitioner" means the family member who files a verified | ||
petition for visitation under Section 10 of this Act.
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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) At the hearing on the verified petition for visitation, | ||
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 | ||
petitioner; | ||
(3) the history of visitation between the frail elderly | ||
individual and the petitioner; | ||
(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 has capacity to evaluate | ||
and communicate decisions regarding visitation and expresses a | ||
desire to not have visitation with the petitioner; or (ii) | ||
visitation between the petitioner and the frail elderly | ||
individual is not in the best interests of the frail elderly | ||
individual. | ||
(d) Guardian ad litem for frail elderly individual.
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(1) 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.
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(2) The court shall appoint a guardian ad litem for the | ||
frail elderly individual if the frail elderly individual does | ||
not appear at the hearing or is unable to appear due to | ||
hardship. | ||
(3) The court may award reasonable compensation to a | ||
guardian ad litem appointed under this Act. The petitioner | ||
shall pay the court-awarded compensation due to the guardian ad | ||
litem, except if the court grants the verified petition for | ||
visitation and finds that the family caregiver acted | ||
maliciously in denying visitation between the petitioner and | ||
the frail elderly individual, then the family caregiver shall | ||
pay the court-awarded compensation due the guardian ad litem.
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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 petitioner of | ||
the frail elderly individual's hospitalization, admission to a | ||
healthcare facility, change in permanent residence, or death. | ||
Section 20. Commencement of proceeding; notice. | ||
(a) A proceeding under this Act shall be commenced in the | ||
court of the county in which the frail elderly individual | ||
resides. | ||
(b) The frail elderly individual and family caregiver shall | ||
be personally served with a copy of the verified petition for | ||
visitation and a summons not less than 14 days before the | ||
hearing. The form of the summons shall be in the manner | ||
prescribed by subsection (c) of Supreme Court Rule 101. | ||
(c) The petitioner shall provide notice of the time, date, | ||
and place of the hearing by mail to any other family members | ||
not less than 14 days before the hearing. All other notices | ||
during the pendency of the proceeding shall be served in | ||
accordance with Supreme Court Rules 11 and 12. | ||
Section 25. 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. | ||