Rep. Sara Wojcicki Jimenez

Filed: 3/6/2018

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 4309

2    AMENDMENT NO. ______. Amend House Bill 4309 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title; references to Act.
5    (a) Short title. This Act may be cited as the Frail Elderly
6Individual Family Visitation Protection Act.
7    (b) References to Act. This Act may be referred to as the
8Kasem/Baksys Visitation Law.
 
9    Section 5. Definitions. As used in this Act:
10    "Family caregiver" means an adult family member who is a
11provider of in-home care to a frail elderly individual.
12    "Family member" means the spouse, adult child, adult
13grandchild, or other close relative of the frail elderly
14individual.
15    "Frail elderly individual" means an adult over 60 years of
16age who is determined by a court to be functionally impaired

 

 

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1because the person: (i) is unable to perform at least 2
2activities of daily living without substantial human
3assistance, including verbal reminding, physical cueing, or
4supervision; or (ii) due to a cognitive or other mental
5impairment, requires substantial supervision because the
6person behaves in a manner that poses a serious health or
7safety hazard to the person or to another person.
 
8    Section 10. Visitation with frail elderly individuals.
9    (a) If a family caregiver unreasonably prevents a family
10member from visiting the frail elderly individual, the court,
11upon a verified petition by the family member, may order the
12family caregiver to permit such visitation as the court deems
13reasonable and appropriate under the circumstances.
14    (b) In making its determination, the court shall consider:
15        (1) the nature and extent of the frail elderly
16    individual's functional impairment;
17        (2) the frail elderly individual's previously
18    expressed preferences in regard to visitation with the
19    family member petitioning for visitation;
20        (3) the history of visitation between the frail elderly
21    individual and the family member petitioning for
22    visitation;
23        (4) the opinions of any family members and the family
24    caregiver with respect to visitation between the
25    petitioner and the frail elderly individual; and

 

 

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1        (5) any other area of inquiry deemed appropriate by the
2    court under the circumstances.
3    (c) The court shall not allow visitation if the court finds
4that: (i) the frail elderly individual, while having capacity
5to evaluate and communicate decisions regarding visitation,
6expresses a desire to not have visitation with the family
7member; or (ii) visitation between the family member and the
8frail elderly individual is not in the best interests of the
9frail elderly individual.
10    (d) The court may appoint a guardian ad litem for the frail
11elderly individual if it determines such appointment to be in
12the frail elderly individual's best interests.
 
13    Section 15. Notice of hospitalization, change or
14residence, or death of frail elderly individual. If the court
15grants the petition of a family member for visitation in
16accordance with Section 10, the court may also order the family
17caregiver to use reasonable efforts to notify the family member
18of the frail elderly individual's hospitalization, admission
19to a healthcare facility, change in permanent residence, or
20death.
 
21    Section 20. Applicability. This Act does not apply if: (i)
22the frail elderly individual is a person under guardianship
23pursuant to Article XIa of the Probate Act of 1975; or (ii) the
24family caregiver is acting as agent under a power of attorney

 

 

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1or acting at the direction of an agent under a power of
2attorney pursuant to the Illinois Power of Attorney Act.".