Proposed New Illinois Elder Abuse Law

  • Elder Law
Mario
Proposed New Illinois Elder Abuse Law | Mario Godoy | Chicago Estate Planning Lawyer

A new proposed Illinois elder abuse law to prevent and stop abuse was sent to Gov. J.B. Pritzker’s desk on July 26, 2019, to be signed into law. The new law would change Illinois’ Adult Protective Services Act so that family members are contacted during an investigation. The intent of House Bill 3065 is to confirm elder abuse or neglect by requiring staff member’s of the state’s Adult Protective Services to talk to an elderly person’s entire immediate family when trying to confirm abuse complaints.

Summary of Illinois House Bill 3065

Amends the Adult Protective Services Act. Provides that when conducting any investigation concerning a report of suspected abuse, neglect, financial exploitation, or self-neglect of an eligible adult, the Department on Aging shall contact as many of the eligible adult’s family members, neighbors, and friends as reasonably possible under the circumstances.

Opponents of the bill say that it is unrealistic and unfair to require an elderly person who is suffering from physical or emotional abuse to authorize APS to talk to a family member who is their abuser before an investigation begins. The bill initially was opposed by llinois’ entire eldercare bureaucracy. Changes made to the bill still require elders to verbally confirm their abuser.

The bill was sponsored by State Representatives Terri Bryant (R-Murphysboro) and Tom Weber (R-Lake Villa).

Do you have questions about elder law in Illinois? Our experienced elder law attorneys in Lombard Illinois understand applicable laws and advise you on the best options to protect an elderly or disabled person. Contact the Estate & Probate Legal Group at 630.800.0112.