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Public Act 102-0614
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| HB3849 Enrolled | LRB102 12658 LNS 17997 b |
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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. This Act may be cited as the |
Supported Decision-Making Agreement Act.
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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. |
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(4) The values, beliefs, wishes, cultural norms, and |
traditions that the principal holds should be respected.
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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.
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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 |
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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.
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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; |
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(iii) fraud; |
(iv) theft; |
(v) forgery; or |
(vi) extortion.
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Section 25. Authority of the supporter. A supporter may |
exercise the authority granted to the supporter in the |
supported decision-making agreement.
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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. |
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(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
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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.
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Section 35. Supporter prohibitions. A supporter is |
prohibited from: |
(1) Exerting undue influence upon, or making decisions |
on behalf of, the principal. |
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(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.
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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 |
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information without the assistance of the supporter.
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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.
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Section 50. Agreement instrument. A supported |
decision-making agreement is valid if it substantially follows |
the following form: |
"SUPPORTED DECISION-MAKING AGREEMENT
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Important Information for the Supporter: Duties
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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.
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Appointment of Supporter
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I, (insert principal's name), make this agreement of my |
own free will.
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I agree and designate that the following individual is my |
supporter: |
Name: ............................................... |
Address: ............................................ |
Phone Number: ....................................... |
Email Address: ..........................................
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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.
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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 |
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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.
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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.
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This supported decision-making agreement is effective |
immediately and will continue until (insert date) or until the |
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agreement is terminated by my supporter or me or by operation |
of law. |
Signed this .... day of ........, 20....
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(Signature of Principal) (Printed name of principal)
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Consent of Supporter
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I, (name of supporter), consent to act as a supporter |
under this agreement.
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(Signature of supporter) (Printed name of supporter) |
(Witness 1 signature) (Printed name of witness 1) |
(Witness 2 signature) (Printed name of witness 2)
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WARNING: PROTECTION FOR THE ADULT WITH A DISABILITY
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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)."
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This form is not intended to exclude other forms or |
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agreements that identify the principal, supporter, and types |
of supports.
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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.
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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.
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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, |
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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).
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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 |