093_HB0051

 
                                     LRB093 02380 DRJ 02388 b

 1        AN ACT concerning the elderly.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The Probate Act of 1975 is amended by adding
 5    Section 2-6.2 as follows:

 6        (755 ILCS 5/2-6.2 new)
 7        Sec. 2-6.2.  Elder abuse.
 8        (a)  Persons convicted of financial exploitation,  abuse,
 9    or  neglect  of  an  elderly  person  shall  not  receive any
10    property, benefit, or other interest by reason of  the  death
11    of   that   elderly   person,   whether   as  heir,  legatee,
12    beneficiary, survivor, appointee, or in  any  other  capacity
13    and  whether  the property, benefit, or other interest passes
14    pursuant to any form of title registration,  testamentary  or
15    nontestamentary  instrument,  intestacy, renunciation, or any
16    other circumstance. The property, benefit, or other  interest
17    shall  pass  as  if  the  person  convicted  of the financial
18    exploitation, abuse, or neglect  died  before  the  decedent,
19    provided  that  with  respect  to  joint tenancy property the
20    interest possessed prior to the death by the person convicted
21    of the financial exploitation, abuse, or neglect shall not be
22    diminished by the application of this Section.
23        (b)  The holder of any property subject to the provisions
24    of this Section shall  not  be  liable  for  distributing  or
25    releasing  the  property to the person convicted of financial
26    exploitation, abuse, or neglect of an elderly person  if  the
27    distribution or release occurs prior to the conviction.
28        (c)  If  the  holder  of  any  property  subject  to  the
29    provisions of this Section knows or has reason to know that a
30    potential   beneficiary   has  been  convicted  of  financial
31    exploitation, abuse, or neglect of an elderly  person  within
 
                            -2-      LRB093 02380 DRJ 02388 b
 1    the  scope  of this Section, the holder shall fully cooperate
 2    with law enforcement authorities  and  judicial  officers  in
 3    connection   with   any   investigation   of   the  financial
 4    exploitation, abuse, or neglect.
 5        (d)  As used in this Section, "elderly  person"  means  a
 6    person 60 years of age or older.