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| Public Act 101-0182 | ||||
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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 5. The Probate Act of 1975 is amended by changing | ||||
Section 2-6.2 as follows:
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(755 ILCS 5/2-6.2)
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Sec. 2-6.2. Financial exploitation, abuse, or neglect of an | ||||
elderly person
or a person with a disability. | ||||
(a) In this Section:
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"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.
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"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.
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"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.
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(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
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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
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pursuant to any form of title registration, testamentary or
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nontestamentary instrument, intestacy, renunciation, or any
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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
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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).
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(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
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prior to the conviction or finding of civil liability.
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(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
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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.
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(d) If the holder of any property subject to the
provisions | ||
of this Section knows that a potential beneficiary has been
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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
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enforcement authorities or judicial officers with information.
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(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. 98-833, eff. 8-1-14; 99-143, eff. 7-27-15.)
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