Illinois
Overview
Illinois enacted supported decision-making legislation in 2021. There are no new supported decision-making bills pending. We have not located any case law specifically recognizing supported decision-making, but it may still be required as a less restrictive alternative to guardianship.
Supported Decision-Making
State Legislation
- H.B. 3849, 102d Gen. Assem., (Ill. 2021)
- Description: Creates the Supported Decision-Making Agreement Act; authorizes the creation of supported decision making agreements and allows a supporter to assist a principal in accessing, collecting, or obtaining information that is relevant to a decision authorized under the supported decision making agreement; provides that all adults are presumed to be capable of managing their affairs and to have capacity unless otherwise determined by a court.
- Status: Enacted 8/27/2021
- Supported Decision-Making Agreement Act.
- H.B. 3849 Supported Decision Making Agreement Act, 102nd Gen. Assem. [ilga.gov/ftp/legislation/102/HB/10200HB3849.htm]
- Description: Authorizes the creation of supported decision making agreements and allows a supporter to assist a principal in accessing, collecting, or obtaining information that is relevant to a decision authorized under the supported decision making agreement; provides that all adults are presumed to be capable of managing their affairs and to have capacity unless otherwise determined by a court. (just updated from the previous enacted legislation listing with the effective date).
- Status: Enacted Aug. 27, 2021, effective Feb. 27, 2022
- S.B. 2553, 103rd Gen. Assem., 2023 Sess.
- Description: Amends the Probate Act of 1975 and the Supported Decision-Making Agreement Act.
- Status: Sen. Christopher Belt was added as a co-sponsor on April 10, 2024.
- H.B. 4275, 103rd Gen. Assem., 2023 Sess.
- Description: Amends the Probate Act of 1975 and the Supported Decision-Making Agreement Act.
- Status: Re-referred to Rules Committee on April 5, 2024.
- H.B. 2600, 101st Gen. Assem., Reg. Sess. (Ill. 2019)
- Description: The Illinois Disability Integration Act would include SDM within the assistance required to be provided to people with disabilities desiring community-based long-term services and supports.
- Status: Re-referred to House Committee on Rules on March 29, 2019
- H.B. 2600, 101st Gen. Assem., Reg. Sess. (Ill. 2019)
- Description: The Illinois Disability Integration Act would include SDM within the assistance required to be provided to people with disabilities desiring community-based long-term services and supports.
- Status: Failed – Died in House Rules Committee on 1/13/2021
- 2021 Ill. P.A. 102-614 (Effective February 27, 2022)
- Description: Creates the Supported Decision-Making Agreement Act; authorizes the creation of supported decision making agreements and allows a supporter to assist a principal in accessing, collecting, or obtaining information that is relevant to a decision authorized under the supported decision making agreement; provides that all adults are presumed to be capable of managing their affairs and to have capacity unless otherwise determined by a court.
Case Law & Court Orders
None found
State Grant Programs
None awarded
Other Resources
- Website: Guardianship/Alternatives, Illinois Center for Rehabilitation and Education
- Control Over Personal Decisions, Equip for Equality
- Illinois Guardianship & Advocacy Commission fact sheet on the Supported Decision-Making Act
- Illinois Guardianship & Advocacy Commission fact sheets and training on supported decision-making (English and Spanish)
- Illinois Legal Aid Online, supported decision-making information and agreements (Link to sample Illinois form for supported decision-making).
Information Last Updated: January 24, 2025