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.

Guardianship Laws

View Information

20 Ill. Comp. Stat. Ann. §§3955/1 to /36; 755 Ill. Comp. Stat. Ann. §§5/11a-1 to -24; 755 Ill. Comp. Stat. Ann. §§ 8/101 to/505

Supported Decision-Making

State Legislation

Enacted

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.
(Enacted 8/27/2021)
Public Link [https://www.ilga.gov/legislation/BillStatus.asp?DocNum=3849&GAID=16&DocTypeID=HB&SessionID=110&GA=102]

Pending

None found

Previously Introduced

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
- Public Link [www.ilga.gov/legislation/BillStatus.asp?DocNum=2600&GAID=15&DocTypeID=HB&LegId=118733&SessionID=108&GA=101]
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
- Public Link [ www.ilga.gov/legislation/BillStatus.asp?DocNum=2600&GAID=15&DocTypeID=HB&LegId=118733&SessionID=108&GA=101 ]
- https://legiscan.com/IL/bill/HB3849/2021
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.
- Public Link [www.ilga.gov/legislation/publicacts/fulltext.asp?Name=102-0614]