Illinois General Assembly - Full Text of HB4309
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Full Text of HB4309  100th General Assembly




HB4309 EnrolledLRB100 15441 HEP 32925 b

1    AN ACT concerning civil law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
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
15    "Frail elderly individual" means an adult over 60 years of
16age who is determined by a court to be functionally impaired
17because the person: (i) is unable to perform at least 2
18activities of daily living without substantial human
19assistance, including verbal reminding, physical cueing, or
20supervision; or (ii) due to a cognitive or other mental
21impairment, requires substantial supervision because the
22person behaves in a manner that poses a serious health or
23safety hazard to the person or to another person.



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1    "Petitioner" means the family member who files a verified
2petition for visitation under Section 10 of this Act.
3    Section 10. Visitation with frail elderly individuals.
4    (a) If a family caregiver unreasonably prevents a family
5member from visiting the frail elderly individual, the court,
6upon a verified petition by the family member, may order the
7family caregiver to permit such visitation as the court deems
8reasonable and appropriate under the circumstances.
9    (b) At the hearing on the verified petition for visitation,
10the court shall consider:
11        (1) the nature and extent of the frail elderly
12    individual's functional impairment;
13        (2) the frail elderly individual's previously
14    expressed preferences in regard to visitation with the
15    petitioner;
16        (3) the history of visitation between the frail elderly
17    individual and the petitioner;
18        (4) the opinions of any family members and the family
19    caregiver with respect to visitation between the
20    petitioner and the frail elderly individual; and
21        (5) any other area of inquiry deemed appropriate by the
22    court under the circumstances.
23    (c) The court shall not allow visitation if the court finds
24that: (i) the frail elderly individual has capacity to evaluate
25and communicate decisions regarding visitation and expresses a



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1desire to not have visitation with the petitioner; or (ii)
2visitation between the petitioner and the frail elderly
3individual is not in the best interests of the frail elderly
5    (d) Guardian ad litem for frail elderly individual.
6    (1) The court may appoint a guardian ad litem for the frail
7elderly individual if it determines such appointment to be in
8the frail elderly individual's best interests.
9    (2) The court shall appoint a guardian ad litem for the
10frail elderly individual if the frail elderly individual does
11not appear at the hearing or is unable to appear due to
13    (3) The court may award reasonable compensation to a
14guardian ad litem appointed under this Act. The petitioner
15shall pay the court-awarded compensation due to the guardian ad
16litem, except if the court grants the verified petition for
17visitation and finds that the family caregiver acted
18maliciously in denying visitation between the petitioner and
19the frail elderly individual, then the family caregiver shall
20pay the court-awarded compensation due the guardian ad litem.
21    Section 15. Notice of hospitalization, change or
22residence, or death of frail elderly individual. If the court
23grants the petition of a family member for visitation in
24accordance with Section 10, the court may also order the family
25caregiver to use reasonable efforts to notify the petitioner of



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1the frail elderly individual's hospitalization, admission to a
2healthcare facility, change in permanent residence, or death.
3    Section 20. Commencement of proceeding; notice.
4    (a) A proceeding under this Act shall be commenced in the
5court of the county in which the frail elderly individual
7    (b) The frail elderly individual and family caregiver shall
8be personally served with a copy of the verified petition for
9visitation and a summons not less than 14 days before the
10hearing. The form of the summons shall be in the manner
11prescribed by subsection (c) of Supreme Court Rule 101.
12    (c) The petitioner shall provide notice of the time, date,
13and place of the hearing by mail to any other family members
14not less than 14 days before the hearing. All other notices
15during the pendency of the proceeding shall be served in
16accordance with Supreme Court Rules 11 and 12.
17    Section 25. Applicability. This Act does not apply if: (i)
18the frail elderly individual is a person under guardianship
19pursuant to Article XIa of the Probate Act of 1975; or (ii) the
20family caregiver is acting as agent under a power of attorney
21or acting at the direction of an agent under a power of
22attorney pursuant to the Illinois Power of Attorney Act.