755 ILCS 9/1
Short title
Short title. This Act may be cited as the Supported Decision-Making Agreement Act. (Source: P.A. 102-614, eff. 2-27-22.)
Illinois Compiled Statutes 755 ILCS 9 — Supported Decision-Making Agreement Act.
Illinois · statute · 755 ILCS 9 · 16 active provisions
755 ILCS 9/5
Purpose; interpretation
Purpose; interpretation. The purpose of this Act is to recognize a less-restrictive alternative to guardianship for adults with intellectual and developmental disabilities who need assistance with decisions regarding daily living. This Act shall be administered and interpreted in accordance with the following principle…
755 ILCS 9/10
Definitions
Definitions. As used in this Act: "Adult" means a person who is at least 18 years of age. "Everyday life decisions" means decisions that support one's existence, including, but not limited to, decisions regarding medical care and treatment, one's residence, work, finances, and social life. "Principal" means an adult wi…
755 ILCS 9/15
Presumption of capability
Presumption of capability. (a) All adults are presumed to be capable of making decisions regarding daily living and to have capacity unless otherwise determined by a court. A diagnosis of mental illness, intellectual disability, or developmental disability, of itself, does not void the presumption of capacity. (b) The…
755 ILCS 9/20
Supporter disqualifications
Supporter disqualifications. The following persons are disqualified from acting as a supporter: (1) a person who is an employer or employee of the principal, unless the person is an immediate family member of the principal; (2) a person directly providing paid support services to the principal, unless the person is an…
755 ILCS 9/25
Authority of the supporter
Authority of the supporter. A supporter may exercise the authority granted to the supporter in the supported decision-making agreement. (Source: P.A. 102-614, eff. 2-27-22.)
755 ILCS 9/30
Supporter duties
Supporter duties. (a) Except as otherwise provided by a supported decision-making agreement, a supporter may: (1) Assist the principal in understanding information, options, responsibilities, and consequences of the life decisions of the principal, including those decisions related to the affairs or support services of…
755 ILCS 9/35
Supporter prohibitions
Supporter prohibitions. A supporter is prohibited from: (1) Exerting undue influence upon, or making decisions on behalf of, the principal. (2) Obtaining, without the consent of the principal, information that is not reasonably related to matters with which the supporter is authorized to assist under the supported deci…
755 ILCS 9/40
Access to personal information
Access to personal information. (a) A supporter is only authorized to assist the principal in accessing, collecting, or obtaining information that is relevant to a decision authorized under the supported decision-making agreement. (b) If a supporter assists a principal in accessing, collecting, or obtaining personal in…
755 ILCS 9/45
Authorization and witnesses
Authorization and witnesses. A principal and his or her supporter entering into a supported decision-making agreement shall sign and date the agreement in the presence of 2 or more subscribing witnesses who are at least 18 years of age. The principal's supporter shall not serve as a witness to the support decision-maki…
755 ILCS 9/50
Agreement instrument
Agreement instrument. A supported decision-making agreement is valid if it substantially follows the following form:"SUPPORTED DECISION-MAKING AGREEMENTImportant Information for the Supporter: Duties If you agree to provide support to the principal, you have a duty to: (1) act in good faith; (2) act within the authorit…
755 ILCS 9/55
Reliance on agreement; limitation of liability
Reliance on agreement; limitation of liability. (a) A person who receives the original or a copy of a supported decision-making agreement shall rely on the agreement. (b) A person is not subject to criminal or civil liability and has not engaged in professional misconduct for an act or omission if the act or omission i…
755 ILCS 9/60
Recognition of supporters
Recognition of supporters. A decision or request made or communicated with the assistance of a supporter in conformity with this Act shall be recognized for the purposes of any provision of law as the decision or request of the principal and may be enforced by the principal or supporter in law or equity on the same bas…
755 ILCS 9/65
Reporting of suspected abuse, neglect, or exploitation
Reporting of suspected abuse, neglect, or exploitation. If a person who receives a copy of a supported decision-making agreement or is aware of the existence of a supported decision-making agreement and has cause to believe that the adult with a disability is being abused, neglected, or exploited by the supporter, the…
755 ILCS 9/70
Term of agreement; revocation
Term of agreement; revocation. (a) A supported decision-making agreement extends until terminated by either party or by the terms of the agreement. (b) A supported decision-making agreement is terminated if: (1) the Office of Inspector General or Adult Protective Services substantiated an allegation of abuse or neglect…
755 ILCS 9/99
Effective date
Effective date. This Act takes effect 6 months after becoming law. (Source: P.A. 102-614, eff. 2-27-22.)