FREE ONLINE LEGAL RESOURCES; ANTI-FRAUD HOTLINE; POWER OF ATTORNEY; TEMPORARY GUARDIANSHIP; STANDARDS OF PRACTICE

Welcome to our blog-- we hope you find it helpful.   Please note that there is an index on the right hand side of the page; it contains information so you can read more about probate laws, guardianship issues, viewing and obtaining your files, ordering transcripts of your hearings,  reporting unethical activities, reporting crimes, etc.   


   Please take the time to learn more about your case; go downtown and view and copy your file.    Please report suspected financial exploitation to the proper authorities (see index on the right).  We urge you to report criminal activities to the FBI, and ask to be put in touch with the Public Corruption unit.     Please ask your investigator to join your file with other files containing complaints on the same unethical people as are in your case.  



     If everyone reports this criminal activity, perhaps we can put an end to it.  



FREE LEGAL ADVICE
LOYOLA UNIVERSITY COMMUNITY LAW CENTER

25 East Pearson Street, Suite 1005
Chicago, Illinois 60611
Phone: (312)915-7830
Hours: 8:30 a.m. - 5 p.m.
By apointment only

Guardianship, visitation, some landlord/tenant cases, and simple divorces where property rights and children are not invoved.  Services are free of charge but clients must pay court costs.

Here is a good source for free legal assistance for those appearing without an attorney (pro se) :

http://www.illinoislegalaidonline.org/

Go to "Get Legal Help" and type in the name of the type of motion you are trying to create.

Here is a link to the Circuit Court of Cook County Court website. 
 It shows which judges handle guardianship cases.  It also has links to court forms that are used in court for guardianship cases:

http://www.cookcountycourt.org/ABOUTTHECOURT/CountyDepartment/ProbateDivision/AdultGuardianshipEstates.aspx



 PLEASE REPORT ALL SUSPECTED FRAUD AGAINST SENIORS TO THE SENATE AGING COMMITTEE'S NEW ANTI-FRAUD HOTLINE:

 http://www.aging.senate.gov/fraud-hotline





                                               March 25, 2014 

                           PROPOSED CHANGES TO ILLINOIS

                                 POWER OF ATTORNEY LAW

NASGA Members in Legislative Action!

NASGA is pleased to announce the introduction of HB5573 to the Illinois Legislature by Representative David Harris (53rd District).

HB5573 protects the validity of previously properly and legally executed Power of Attorney (PoA)  and Advance Directives, stating in clear and concise language that these documents shall stand --only to be overturned if undue influence in the creation of the document(s) is proven at a due process hearing conducted for that purpose. 

Representative Harris consulted and worked with NASGA member and Director, Sylvia Rudek on this bill.  Addressing the problems with PoA and Advance Directives is essential to guardianship reform because many NASGA members have been designated as PoA for their loved one, only to have their PoA wrongfully ignored by the court and a guardianship forced upon their loved one instead.  In most cases, the guardian is a third-party - a total stranger who does not have a personal relationship with the ward nor an intimate knowledge of the ward's preferences or needs. 

Strengthening Power of Attorney and Advance Directives is one of the best ways to avoid guardianship.  Avoiding guardianship is one of the best ways to stop guardianship abuse.

NASGA very much appreciates the hard work and effort Representative Harris, his staff, and NASGA Director Sylvia Rudek have dedicated to the making of this bill, and we look forward to its passing. 

SYNOPSIS AS INTRODUCED:

Amends the Probate Act of 1975. Provides that guardianship of a disabled adult may not be used in a retaliatory manner or as a convenience for a health care provider or family member. Provides that no petition for guardianship shall seek relief that is in conflict with any properly and previously executed will, trust, power of attorney, durable power of attorney, health care directive, advance directive, or other directive unless undue influence is proven in the creation of the document, by clear and convincing evidence, at a hearing conducted under the rules of civil procedure of this State. 

HIGHLIGHT OF THE PROPOSED LEGISLATION:

11		(755 ILCS 5/11a-8.2 new)
12		Sec. 11a-8.2. Petitions; previously executed documents. No
13		petition under this Article shall seek relief that is in
14		conflict with any properly and previously executed will, trust,
15		power of attorney, durable power of attorney, health care
16		directive, advance directive, or other directive unless undue
17		influence is proven in the creation of the document, by clear
18		and convincing evidence, at a hearing conducted under the rules

More information about this exciting bill, as well as comments from NASGA members may be found at NASGA's website:     
http://nasga-stopguardianabuse.blogspot.com/2014/03/nasga-members-in-legislative-action.html   



 Powers of attorney compared with guardianship.

A power of attorney is a signed written instrument governing the relationship between a principal, the one creating the power of attorney, and an agent, a person designated by the principal to act on the principal’s behalf. Powers of attorney may be written to cover personal needs, financial needs, or both. The principal has the ability to tailor the document to include as many or as few areas of need as desired. Only the specific powers listed in the powers of attorney may be exercised by an agent.

Where a conflict exists between the powers listed in a power of attorney and a guardian, the power of attorney controls. The guardian will have no power, duty or liability with respect to any personal or financial powers or duties given an agent under a power of attorney.  Sections 11a-17 ( c ) and 11a-18 ( e ).

In addition, Section 2-7 of the Illinois Power of Attorney Act provides that an adjudication of disability of the person who created a power of attorney should not affect the ability of an agent to exercise authority under the power of attorney. 

However, where a power of attorney is ambiguous or where the agent fails to act under the terms of the written power of attorney, a court may direct a guardian to exercise powers included in the power of attorney. 755 ILCS 45/2-10.

IMPORTANT CHANGES TO GUARDIANSHIP LAW
Effective January 1, 2013

http://www.ilga.gov/legislation/fulltext.asp?DocName=&SessionId=84&GA=97&DocTypeId=SB&DocNum=3592&GAID=11&LegID=65471&SpecSess=&Session=

(b-5) Upon the filing of a verified petition by the
		guardian of the disabled person or the disabled person, the
		court may terminate the adjudication of disability of the ward,
		revoke the letters of guardianship of the estate or person, or
		both, or modify the duties of the guardian if: (i) a report
		completed in accordance with subsection (a) of Section 11a-9
		states that the disabled person is no longer in need of
		guardianship or that the type and scope of guardianship should
		be modified; (ii) the disabled person no longer wishes to be
		under guardianship or desires that the type and scope of
		guardianship be modified; and (iii) the guardian of the
		disabled person states that it is in the best interest of the
		disabled person to terminate the adjudication of disability of
		the ward, revoke the letters of guardianship of the estate or
		person, or both, or modify the duties of the guardian, and
		provides the basis thereof. In a proceeding brought pursuant to
		this subsection (b-5), the court may terminate the adjudication
		of disability of the ward, revoke the letters of guardianship
		of the estate or person, or both, or modify the duties of the
		guardian, unless it has been demonstrated by clear and
		convincing evidence that the ward is incapable of performing
		the tasks necessary for the care of his or her person or the
		management of his or her estate.

 


TEMPORARY GUARDIANSHIP


(755 ILCS 5/11a-4) (from Ch. 110 1/2, par. 11a-4)     Sec. 11a-4. Temporary guardian.     (a) Prior to the appointment of a guardian under this Article, pending an appeal in relation to the appointment, or pending the completion of a citation proceeding brought pursuant to Section 23-3 of this Act, or upon a guardian's death, incapacity, or resignation, the court may appoint a temporary guardian upon a showing of the necessity therefor for the immediate welfare and protection of the alleged disabled person or his or her estate on such notice and subject to such conditions as the court may prescribe. In determining the necessity for temporary guardianship, the immediate welfare and protection of the alleged disabled person and his or her estate shall be of paramount concern, and the interests of the petitioner, any care provider, or any other party shall not outweigh the interests of the alleged disabled person. The temporary guardian shall have all of the powers and duties of a guardian of the person or of the estate which are specifically enumerated by court order. The court order shall state the actual harm identified by the court that necessitates temporary guardianship or any extension thereof.     (b) The temporary guardianship shall expire within 60 days after the appointment or whenever a guardian is regularly appointed, whichever occurs first. No extension shall be granted except: 

        (1) In a case where there has been an adjudication of

disability, an extension shall be granted:

(i) pending the disposition on appeal of an

adjudication of disability;

(ii) pending the completion of a citation

proceeding brought pursuant to Section 23-3;

(iii) pending the appointment of a successor

guardian in a case where the former guardian has resigned, has become incapacitated, or is deceased; or

(iv) where the guardian's powers have been

suspended pursuant to a court order.

(2) In a case where there has not been an

adjudication of disability, an extension shall be granted pending the disposition of a petition brought pursuant to Section 11a-8 so long as the court finds it is in the best interest of the alleged disabled person to extend the temporary guardianship so as to protect the alleged disabled person from any potential abuse, neglect, self-neglect, exploitation, or other harm and such extension lasts no more than 120 days from the date the temporary guardian was originally appointed.

The ward shall have the right any time after the appointment of a temporary guardian is made to petition the court to revoke the appointment of the temporary guardian.  http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075500050HArt%2E+XIa&ActID=2104&ChapterID=60&SeqStart=14300000&SeqEnd=17700000

STANDARDS OF PRACTICE FOR GUARDIANSHIP:

Standards state that the guardian is to involve family in decision-making for the ward.

http://www.guardianship.org/documents/Standards_of_Practice.pdf





ILLINOIS GUARDIANSHIP COMMISSION

 Three program Divisions in nine regions throughout the State carry out the responsibilities of the Commission:
       Office of State Guardian (OSG) : Appointed by the courts as a guardian of last resort, the OSG provides case services and money management to more than 5,400 persons with disabilities.

       Legal Advocacy Service (LAS) : LAS represents persons with disabilities at commitment hearings and makes counsel available to enforce the rights of those with disabilities under the Illinois Mental Health and Developmental Disabilities Code and other related laws.

       Human Rights Authority (HRA) : With the assistance of a team of volunteers, the HRA conducts investigations of alleged rights violations by providers against people with disabilities.  Additionally, this program area works closely with providers to help resolve rights issues.

The Human Rights Authority exists to conduct investigations of complaints of violations of the rights of persons with disabilities. Based on early models of a singular regional grassroots program, the Human Rights Authority serves as a statewide framework providing direction and standards for a largely volunteer effort.

http://gac.state.il.us/hra/

DO NOT RESUSCITATE (DNR)

The Office of the State Guardian (OSG) utilizes a form to ascertain that Illinois law is upheld when a guardian or physician is recommending a Do Not Resuscitate (DNR) order for a disabled ward of the court. This document may be viewed at:

http://www.gac.state.il.us/pdfs/DNRForm.pdf

The following are excerpts from this form:


All of the information requested is required to comply with the IL Health Care Surrogate Act (HCSA). 

An attending physician, as well as a second medical opinion ( a concurring physician) must also complete the form.

Questions on the form include the decision making capability of the ward, if a DNR order withholding all resuscitation efforts is recommended; the medical condition in support of consent request; other treatment options; what does the physician feel will cause the patient's death; hospice consideration; and a question regarding ethics which reads: Has an ethics committee reviewed this case?
Qualifying conditions for DNR: Terminal Condition; Permanent Unconsciousness; Incurable or irreversible condition

A second medical opinion is required, and that physician must have examined the ward within the last 24 hours. The physician must sign a statement that he/she concurs that the patient lacks the ability to understand and appreciate the nature and consequences of decisions regarding the foregoing of life-sustaining treatment, and that the ward lacks the ability to reach and communicate an informed decision. I also concur that this request for the withholding and/or withdrawing of treatment is appropriate and warranted due to the nature of this patient's condition. I have also documented these conclusion in the patient's medical chart.

DO NOT RESUSCITATE ORDERS (DNR) and the IL HEALTH CARE SURROGATE ACT

The IL Health Care Surrogate Act may be read in its entirety at:
http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2111&ChapterID=60

The following are excerpts from this act:

This Act is intended to define the circumstances under which private decisions by patients with decisional capacity and by surrogate decision makers on behalf of patients lacking decisional capacity to make medical treatment decisions or to terminate life‑sustaining treatment may be made without judicial involvement of any kind. 

This Act is intended to establish a process for that private decision making. 

This Act is intended to clarify the rights and obligations of those involved in these private decisions by or on behalf of patients. 

This Act is not intended to condone, authorize, or approve mercy killing or assisted suicide. 

(Source: P.A. 90‑246, eff. 1‑1‑98)

Sec. 15. Applicability. This Act applies to patients who lack decisional capacity or who have a qualifying condition"Attending physician" means the physician selected by or assigned to the patient who has primary responsibility for treatment and care of the patient and who is a licensed physician in Illinois. If more than one physician shares that responsibility, any of those physicians may act as the attending physician under this Act.

"Imminent" (as in "death is imminent") means a determination made by the attending physician according to accepted medical standards that death will occur in a relatively short period of time, even if life‑sustaining treatment is initiated or continued. 

"Life‑sustaining treatment" means any medical treatment, procedure, or intervention that, in the judgment of the attending physician, when applied to a patient with a qualifying condition, would not be effective to remove the qualifying condition or would serve only to prolong the dying process. Those procedures can include, but are not limited to, assisted ventilation, renal dialysis, surgical procedures, blood transfusions, and the administration of drugs, antibiotics, and artificial nutrition and hydration.Decisions whether to forgo life‑sustaining treatment on behalf of a minor or an adult patient who lacks decisional capacity may be made by a surrogate decision maker or makers in consultation with the attending physician, in the order or priority provided in Section 25. A surrogate decision maker shall make decisions for the adult patient conforming as closely as possible to what the patient would have done or intended under the circumstances, taking into account evidence that includes, but is not limited to, the patient's personal, philosophical, religious and moral beliefs and ethical values relative to the purpose of life, sickness, medical procedures, suffering, and death. Where possible, the surrogate shall determine how the patient would have weighed the burdens and benefits of initiating or continuing life‑sustaining treatment against the burdens and benefits of that treatment. In the event an unrevoked advance directive, such as a living will, a declaration for mental health treatment, or a power of attorney for health care, is no longer valid due to a technical deficiency or is not applicable to the patient's condition, that document may be used as evidence of a patient's wishes. The absence of a living will, declaration for mental health treatment, or power of attorney for health care shall not give rise to any presumption as to the patient's preferences regarding the initiation or continuation of life‑sustaining procedures. If the adult patient's wishes are unknown and remain unknown after reasonable efforts to discern them or if the patient is a minor, the decision shall be made on the basis of the patient's best interests as determined by the surrogate decision maker. In determining the patient's best interests, the surrogate shall weigh the burdens on and benefits to the patient of initiating or continuing life‑sustaining treatment against the burdens and benefits of that treatment and shall take into account any other information, including the views of family and friends, that the surrogate decision maker believes the patient would have considered if able to act for herself or himself.

"Qualifying condition" means the existence of one or more of the following conditions in a patient certified in writing in the patient's medical record by the attending physician and by at least one other qualified physician: 

(1) "Terminal condition" means an illness or injury for which there is no reasonable prospect of cure or recovery, death is imminent, and the application of life‑sustaining treatment would only prolong the dying process.

(2) "Permanent unconsciousness" means a condition that, to a high degree of medical certainty, (i) will last permanently, without improvement, (ii) in which thought, sensation, purposeful action, social interaction, and awareness of self and environment are absent, and (iii) for which initiating or continuing life‑sustaining treatment, in light of the patient's medical condition, provides only minimal medical benefit.

(3) "Incurable or irreversible condition" means an illness or injury (i) for which there is no reasonable prospect of cure or recovery, (ii) that ultimately will cause the patient's death even if life‑sustaining treatment is initiated or continued, (iii) that imposes severe pain or otherwise imposes an inhumane burden on the patient, and (iv) for which initiating or continuing life‑sustaining treatment, in light of the patient's medical condition, provides only minimal medical benefit.

The determination that a patient has a qualifying condition creates no presumption regarding the application or non‑application of life‑sustaining treatment. It is only after a determination by the attending physician that the patient has a qualifying condition that the surrogate decision maker may consider whether or not to forgo life‑sustaining treatment. In making this decision, the surrogate shall weigh the burdens on the patient of initiating or continuing life‑sustaining treatment against the benefits of that treatment. c) For the purposes of this Act, a patient or surrogate decision maker is presumed to have decisional capacity in the absence of actual notice to the contrary without regard to advanced age. With respect to a patient, a diagnosis of mental illness or an intellectual disability, of itself, is not a bar to a determination of decisional capacity. A determination that an adult patient lacks decisional capacity shall be made by the attending physician to a reasonable degree of medical certainty. The determination shall be in writing in the patient's medical record and shall set forth the attending physician's opinion regarding the cause, nature, and duration of the patient's lack of decisional capacity. Before implementation of a decision by a surrogate decision maker to forgo life‑sustaining treatment, at least one other qualified physician must concur in the determination that an adult patient lacks decisional capacity. The concurring determination shall be made in writing in the patient's medical record after personal examination of the patient. The attending physician shall inform the patient that it has been determined that the patient lacks decisional capacity and that a surrogate decision maker will be making life‑sustaining treatment decisions on behalf of the patient. Moreover, the patient shall be informed of the identity of the surrogate decision maker and any decisions made by that surrogate. If the person identified as the surrogate decision maker is not a court appointed guardian and the patient objects to the statutory surrogate decision maker or any decision made by that surrogate decision maker, then the provisions of this Act shall not apply. (d) A surrogate decision maker acting on behalf of the patient shall express decisions to forgo life‑sustaining treatment to the attending physician and one adult witness who is at least 18 years of age. This decision and the substance of any known discussion before making the decision shall be documented by the attending physician in the patient's medical record and signed by the witness. 


The existence of a qualifying condition shall be documented in writing in the patient's medical record by the attending physician and shall include its cause and nature, if known. The written concurrence of another qualified physician is also required. 

Every health care provider and other person (a "reliant") shall have the right to rely on any decision or direction by the surrogate decision maker (the "surrogate") that is not clearly contrary to this Act, to the same extent and with the same effect as though the decision or direction had been made or given by a patient with decisional capacity. Any person dealing with the surrogate may presume in the absence of actual knowledge to the contrary that the acts of the surrogate conform to the provisions of this Act. A reliant will not be protected who has actual knowledge that the surrogate is not entitled to act or that any particular action or inaction is contrary to the provisions of this Act. 

755 ILCS 40/45) (from Ch. 110 1/2, par. 851‑45) 

Sec. 45. Life insurance. No policy of life insurance, or annuity or other type of contract that is conditioned on the life or death of the patient, shall be legally impaired or invalidated in any manner by the withholding or withdrawal of life‑sustaining treatment from a patient in accordance with the provisions of this Act, notwithstanding any terms of the policy to the contrary. 


(Source: P.A. 87‑749.)

Sec. 50. Not suicide or murder. The withholding or withdrawal of life‑sustaining treatment from a patient in accordance with the provisions of this Act does not, for any purpose, constitute suicide or murder. The withholding or withdrawal of life‑sustaining treatment from a patient in accordance with the provisions of this Act, however, shall not relieve any individual of responsibility for any criminal acts that may have caused the existence of the qualifying condition in the patient. Nothing in this Act shall be construed to condone, authorize, or approve mercy killing or assisted suicide.

Sec. 55. Preservation of existing rights. The provisions of this Act are cumulative with existing law regarding an individual's right to consent or refuse to consent to medical treatment. The provisions of this Act shall not impair any existing rights or responsibilities that a health care provider, a patient, including a minor or a patient lacking decisional capacity, or a patient's family may have in regard to the withholding or withdrawal of life‑sustaining treatment, including any rights to seek judicial review of decisions regarding life‑sustaining treatment under the common law or statutes of this State to the extent they are not inconsistent with the provisions of this Act. 

(Source: P.A. 87‑749.)

FINANCIAL EXPLOITATION and ELDER ABUSE LAWS IN ILLINOIS

If you identify financial exploitation, prepare a report of what has occured, and submit to the following people: the police department where the ward lives, the Attorney General's Office of Financial Exploitation of the Elderly, the FBI, and appropriate professional licensing agencies (see index ).

Here is what the law says regarding Elder Abuse and Neglect:

AGING
(320 ILCS 20/) Elder Abuse and Neglect Act
http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1452&ChapterID=31

The following information is  helpful for reporting elder abuse:
http://local-nursing-homes.com/elderabuse.cfm?state=illinois#.Tw0B-Sp5mSM

Helplines, Hotlines, and Referral Sources
To report suspected elder abuse, neglect, or exploitation in Illinois:

• 1-866-800-1409 (For suspected elder mistreatment in the home).
• 1-888-206-1327 (For suspected elder mistreatment in the home, TTY access).
• 217-524-6911 (For suspected elder mistreatment in the home, out of state line).
• 1-800-252-8966 (To reach the Senior Helpline to report suspected elder mistreatment in long-term care facilities, in state line).
• 1-888-206-1327 (To reach the Senior Helpline to report suspected elder mistreatment in long-term care facilities, TTY access).
• 217-524-6911 (To reach the Senior Helpline to report suspected elder mistreatment in long-term care facilities, out of state line).

Additional Information
Individuals wishing to report suspected elder mistreatment may telephone the state help lines listed above, or visit the Elder Abuse Provider Agencies Directory (PDF) to contact specific county offices directly regarding suspected elder mistreatment in the home. For suspected elder mistreatment in long-term care facilities, visit the Long-Term Care Ombudsman Directory (PDF).
For publications regarding elder abuse and aging issues, Click Here.
State Government Agencies

• Illinois Protective Services for Seniors
• Illinois Department on Aging
• Illinois Department of Public Health – Nursing Homes in Illinois
• Illinois Long-Term Care Ombudsman
• Illinois Office of Attorney General

Laws & Regulations

• 320 Illinois Compiled Statutes 20/1-20/14 Elder Abuse and Neglect Act
• 210 Illinois Compiled Statutes 30/1-30/16 Abused and Neglected Long Term Care Residents
• 20 Illinois Compiled Statutes 105/4.04 Long Term Care Ombudsman Program

Other Resources

• Illinois Domestic Violence and Sexual Assault Services Directory

To submit updated state hotline, helpline, or web information,  email NCEA-info@aoa.hhs.gov .






Here is what the law says regarding Financial Exploitation of an Elderly or Disabled Person:

State of Illinois Section
5/16-1.3 (720 ILCS 5/16-1.3) which provides in pertinent part:
Sec. 16-1.3. Financial exploitation of an elderly person or a person with a disability.


(a) A person commits the offense of financial exploitation of an elderly person or a
person with a disability when he or she stands in a position of trust or confidence with the
elderly person or a person with a disability and he or she knowingly and by deception or
intimidation obtains control over the property of an elderly person or a person with a
disability or illegally uses the assets or resources of an elderly person or a person with a disability. The illegal use of the assets or resources of an elderly person or a person with a

disability includes, but is not limited to, the misappropriation of those assets or resources

by undue influence, breach of a fiduciary relationship, fraud, deception, extortion, or use

of the assets or resources contrary to law.



(b) For purposes of this Section:


(1) "Elderly person" means a person 60 years of age or older.
(2) "Person with a disability" means a person who suffers from a physical or mental impairment resulting from disease, injury, functional disorder or congenital condition that impairs the individual's mental or physical ability to independently manage his or her property or financial resources, or both.
(f) It shall not be a defense to financial exploitation of an elderly person or person
with a disability that the accused reasonably believed that the victim was not an elderly
person or person with a disability.
(g) Civil Liability. A person who is charged by information or indictment with the

offense of financial exploitation of an elderly person or person with a disability and who

fails or refuses to return the victim's property within 60 days following a written demand

from the victim or the victim's legal representative shall be liable to the victim or to the

estate of the victim in damages of treble the amount of the value of the property obtained,

plus reasonable attorney fees and court costs. The burden of proof that the defendant

unlawfully obtained the victim's property shall be by a preponderance of the evidence.

This subsection shall be operative whether or not the defendant has been convicted of the

offense.



A more thorough version of the law is found below. Please note that breaking this law is a FELONY.



720 ILCS 5/16‑1.3) (from Ch. 38, par. 16‑1.3) 


Sec. 16‑1.3. Financial exploitation of an elderly person or a person with a disability. 


(a) A person commits the offense of financial exploitation of an elderly person or a person with a disability when he or she stands in a position of trust or confidence with the elderly person or a person with a disability and he or she knowingly and by deception or intimidation obtains control over the property of an elderly person or a person with a disability or illegally uses the assets or resources of an elderly person or a person with a disability. The illegal use of the assets or resources of an elderly person or a person with a disability includes, but is not limited to, the misappropriation of those assets or resources by undue influence, breach of a fiduciary relationship, fraud, deception, extortion, or use of the assets or resources contrary to law. 


Financial exploitation of an elderly person or a person with a disability is a Class 4 felony if the value of the property is $300 or less, a Class 3 felony if the value of the property is more than $300 but less than $5,000, a Class 2 felony if the value of the property is $5,000 or more but less than $100,000 and a Class 1 felony if the value of the property is $100,000 or more or if the elderly person is over 70 years of age and the value of the property is $15,000 or more or if the elderly person is 80 years of age or older and the value of the property is $5,000 or more. 


(b) For purposes of this Section: 


(1) "Elderly person" means a person 60 years of age 
or older.


(2) "Person with a disability" means a person who 


suffers from a physical or mental impairment resulting from disease, injury, functional disorder or congenital condition that impairs the individual's mental or physical ability to independently manage his or her property or financial resources, or both.


(3) "Intimidation" means the communication to an elderly person or a person with a disability that he or she shall be deprived of food and nutrition, shelter, prescribed medication or medical care and treatment.


(4) "Deception" means, in addition to its meaning as defined in Section 15‑4 of this Code, a misrepresentation or concealment of material fact relating to the terms of a contract or agreement entered into with the elderly person or person with a disability or to the existing or pre‑existing condition of any of the property involved in such contract or agreement; or the use or employment of any misrepresentation, false pretense or false promise in order to induce, encourage or solicit the elderly person or person with a disability to enter into a contract or agreement.


(c) For purposes of this Section, a person stands in a position of trust and confidence with an elderly person or person with a disability when he (1) is a parent, spouse, adult child or other relative by blood or marriage of the elderly person or person with a disability, (2) is a joint tenant or tenant in common with the elderly person or person with a disability, (3) has a legal or fiduciary relationship with the elderly person or person with a disability, or (4) is a financial planning or investment professional. 


(d) Nothing in this Section shall be construed to limit the remedies available to the victim under the Illinois Domestic Violence Act of 1986. 


(e) Nothing in this Section shall be construed to impose criminal liability on a person who has made a good faith effort to assist the elderly person or person with a disability in the management of his or her property, but through no fault of his or her own has been unable to provide such assistance. 


(f) It shall not be a defense to financial exploitation of an elderly person or person with a disability that the accused reasonably believed that the victim was not an elderly person or person with a disability. 


(g) Civil Liability. A person who is charged by information or indictment with the offense of financial exploitation of an elderly person or person with a disability and who fails or refuses to return the victim's property within 60 days following a written demand from the victim or the victim's legal representative shall be liable to the victim or to the estate of the victim in damages of treble the amount of the value of the property obtained, plus reasonable attorney fees and court costs. The burden of proof that the defendant unlawfully obtained the victim's property shall be by a preponderance of the evidence. This subsection shall be operative whether or not the defendant has been convicted of the offense. 



(Source: P.A. 95‑798, eff. 1‑1‑09.)