Illinois General Assembly - Full Text of Public Act 100-0850
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Public Act 100-0850


Public Act 0850 100TH GENERAL ASSEMBLY



Public Act 100-0850
HB4309 EnrolledLRB100 15441 HEP 32925 b

    AN ACT concerning civil law.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 1. Short title; references to Act.
    (a) Short title. This Act may be cited as the Frail Elderly
Individual Family Visitation Protection Act.
    (b) References to Act. This Act may be referred to as the
Kasem/Baksys Visitation Law.
    Section 5. Definitions. As used in this Act:
    "Family caregiver" means an adult family member who is a
provider of in-home care to a frail elderly individual.
    "Family member" means the spouse, adult child, adult
grandchild, or other close relative of the frail elderly
    "Frail elderly individual" means an adult over 60 years of
age who is determined by a court to be functionally impaired
because the person: (i) is unable to perform at least 2
activities of daily living without substantial human
assistance, including verbal reminding, physical cueing, or
supervision; or (ii) due to a cognitive or other mental
impairment, requires substantial supervision because the
person behaves in a manner that poses a serious health or
safety hazard to the person or to another person.
    "Petitioner" means the family member who files a verified
petition for visitation under Section 10 of this Act.
    Section 10. Visitation with frail elderly individuals.
    (a) If a family caregiver unreasonably prevents a family
member from visiting the frail elderly individual, the court,
upon a verified petition by the family member, may order the
family caregiver to permit such visitation as the court deems
reasonable and appropriate under the circumstances.
    (b) At the hearing on the verified petition for visitation,
the court shall consider:
        (1) the nature and extent of the frail elderly
    individual's functional impairment;
        (2) the frail elderly individual's previously
    expressed preferences in regard to visitation with the
        (3) the history of visitation between the frail elderly
    individual and the petitioner;
        (4) the opinions of any family members and the family
    caregiver with respect to visitation between the
    petitioner and the frail elderly individual; and
        (5) any other area of inquiry deemed appropriate by the
    court under the circumstances.
    (c) The court shall not allow visitation if the court finds
that: (i) the frail elderly individual has capacity to evaluate
and communicate decisions regarding visitation and expresses a
desire to not have visitation with the petitioner; or (ii)
visitation between the petitioner and the frail elderly
individual is not in the best interests of the frail elderly
    (d) Guardian ad litem for frail elderly individual.
    (1) The court may appoint a guardian ad litem for the frail
elderly individual if it determines such appointment to be in
the frail elderly individual's best interests.
    (2) The court shall appoint a guardian ad litem for the
frail elderly individual if the frail elderly individual does
not appear at the hearing or is unable to appear due to
    (3) The court may award reasonable compensation to a
guardian ad litem appointed under this Act. The petitioner
shall pay the court-awarded compensation due to the guardian ad
litem, except if the court grants the verified petition for
visitation and finds that the family caregiver acted
maliciously in denying visitation between the petitioner and
the frail elderly individual, then the family caregiver shall
pay the court-awarded compensation due the guardian ad litem.
    Section 15. Notice of hospitalization, change or
residence, or death of frail elderly individual. If the court
grants the petition of a family member for visitation in
accordance with Section 10, the court may also order the family
caregiver to use reasonable efforts to notify the petitioner of
the frail elderly individual's hospitalization, admission to a
healthcare facility, change in permanent residence, or death.
    Section 20. Commencement of proceeding; notice.
    (a) A proceeding under this Act shall be commenced in the
court of the county in which the frail elderly individual
    (b) The frail elderly individual and family caregiver shall
be personally served with a copy of the verified petition for
visitation and a summons not less than 14 days before the
hearing. The form of the summons shall be in the manner
prescribed by subsection (c) of Supreme Court Rule 101.
    (c) The petitioner shall provide notice of the time, date,
and place of the hearing by mail to any other family members
not less than 14 days before the hearing. All other notices
during the pendency of the proceeding shall be served in
accordance with Supreme Court Rules 11 and 12.
    Section 25. Applicability. This Act does not apply if: (i)
the frail elderly individual is a person under guardianship
pursuant to Article XIa of the Probate Act of 1975; or (ii) the
family caregiver is acting as agent under a power of attorney
or acting at the direction of an agent under a power of
attorney pursuant to the Illinois Power of Attorney Act.

Effective Date: 1/1/2019