SB 3398 — CIV PRO-TENANTS IN COMMON

SB3398 EngrossedEnrolled LRB104 17550 JRC 30978 b AN ACT concerning civil law.

The CodeHealth ofCare CivilSurrogate ProcedureAct is amended by addingchanging SectionSections 13-109.225 and 30 as follows:

(735(755 ILCS 5/13-109.240/25) new)(from Sec.Ch.

13-109.2.110 1/2, par.

Tenancy851-25) inSec. common, intestate succession.

(a)25. A person or persons with an ownership interest in lands or tenements held as tenants in common, who acquired an ownership interest through intestate succession under Article 2 of the Probate Act of 1975, and who are in actual possession of the lands or tenements, may commence an action seeking to be adjudged the legal owner or owners of the lands or tenements to the exclusion of any nonclaiming owner or owners, if the court finds that:

(1)Surrogate thedecision personmaking. or persons bringing the action each have a household income of under 80% of area median income as determined by the United States Department of Housing and Urban Development for the county where the lands or tenements are located;

(2)(a) theWhen persona orpatient personslacks bringingdecisional capacity, the actionhealth havecare conductedprovider must make a search,reasonable withinquiry dueas diligence,to forthe anyoneavailability whoand mayauthority haveof ana ownershiphealth interestcare inagent under the property;Powers of Attorney for Health Care Law.

SB3398When Engrossedno -health 2care -agent LRB104is 17550authorized JRCand 30978available, bthe (3)health forcare 7provider successivemust years,make thea personreasonable orinquiry personsas bringingto the actionavailability have:of possible surrogates listed in items (1) through (4) of this subsection.

(A)For heldpurposes exclusiveof possessionthis ofSection, thea landsreasonable orinquiry tenements,includes, withbut oris withoutnot thelimited permissionto, oridentifying knowledgea member of othersthe whopatient's mayfamily holdor another interesthealth incare theagent landsby orexamining tenementsthe aspatient's tenantspersonal ineffects common;or medical records.

(B)If paida family member or causedother health care agent is identified, an attempt to contact that person by telephone must be paidmade allwithin taxes24 legallyhours assessedafter ona determination by the landsprovider orthat tenements;the patient lacks decisional capacity.

andNo (C)person acquiredshall anbe ownershipliable interestfor incivil damages or subject to professional discipline based on a claim SB3398 Enrolled - 2 - LRB104 17550 JRC 30978 b of violating a patient's right to confidentiality as a result of making a reasonable inquiry as to the landsavailability of a patient's family member or tenementshealth throughcare intestateagent, succession;except for willful or wanton misconduct.

andThe (4)surrogate fordecision 7makers, successiveas years,identified noby otherthe personattending orphysician, personsare holdingthen anauthorized ownershipto interestmake indecisions the lands or tenements as tenantsfollows: in common have:

(A)(i) contributedfor topatients anywho taxeslack assesseddecisional oncapacity theand landsdo ornot tenements,have other than a lenderqualifying undercondition, themedical Residentialtreatment Mortgagedecisions Licensemay Actbe ofmade 1987in makingaccordance paymentswith ofsubsection taxes(b-5) as part of itsSection duties20; related to a mortgage loan;

(B)and contributed(ii) for patients who lack decisional capacity and have a qualifying condition, medical treatment decisions including whether to theforgo care,life-sustaining maintenance,treatment oron improvementbehalf of the landspatient may be made without court order or tenements;judicial involvement in the following order of priority:

or(1) (C)the assertedpatient's orguardian actedof to preserve any interest in or any claim related to the landsperson; or tenements;

and(2) (5) the requirementspatient's ofspouse; subsection (b) are satisfied and no objection is made by a person or persons with a bona fide ownership interest in the subject lands or tenements as tenants in common as set forth under subsection (c).

SB3398(3) Engrossedany -adult 3son -or LRB104daughter 17550 JRC 30978 b (b) A minimum of 2the yearspatient; before commencing an action under subsection (a), a person or persons shall:

(1)(4) fileeither aparent signed declaration with the recorder of deeds in the countypatient; where the lands or tenements are located that provides a legal description of the subject lands or tenements and states the person's or persons':

(A)(5) intentionany toadult seekbrother ownership of lands or tenementssister toof the exclusionpatient; of any nonclaiming owner or owners;

(B)(6) ownershipany interestadult ingrandchild of the landspatient; or tenements as tenants in common;

(C)(7) exclusivea possessionclose offriend the property and consistent payment of all taxes legally assessed on the landspatient; or tenements;

and(8) (D) belief that no other person or persons with an ownership interest in the landspatient's orguardian tenements have contributed to the payment of taxes or the care,estate; maintenance, or improvement of the lands or tenements;

and(9) (2)the sendpatient's writtentemporary noticecustodian afterappointed conductingunder thesubsection search(2) describedof inSection paragraph2-10 (2) of subsectionthe (a)Juvenile toCourt anyAct personof or1987 personsif whothe holdcourt has entered an ownershiporder interestgranting insuch theauthority landspursuant orto tenementssubsection by(12) certifiedof andSection first-class2-10 mailof toSB3398 theirEnrolled last- known3 address- thatLRB104 includes:17550 JRC 30978 b the Juvenile Court Act of 1987.

(A)The ahealth statementcare ofprovider intentionshall have the right to seekrely ownershipon any of landsthe orabove tenementssurrogates toif the exclusionprovider ofbelieves anyafter nonclaimingreasonable SB3398inquiry Engrossedthat -neither 4a -health LRB104care 17550agent JRCunder 30978the bPowers ownerof orAttorney owners,for includingHealth theCare addressLaw ornor a descriptionsurrogate of thehigher landspriority oris tenements;available.

(B)Where athere notificationare thatmultiple thesurrogate persondecision ormakers personsat withthe ansame ownershippriority interestlevel in the landshierarchy, orit tenementsshall maybe filethe anresponsibility objectionof withthose thesurrogates recorderto ofmake deedsreasonable inefforts theto countyreach wherea theconsensus landsas orto tenementstheir aredecision locatedon asbehalf setof forththe inpatient subsectionregarding (c);the forgoing of life-sustaining treatment.

If 2 or more surrogates who are in the same category and (C)have anequal attachedpriority copyindicate to the attending physician that they disagree about the health care matter at issue, a majority of the declarationavailable describedpersons in paragraphthat (1);category (or the parent with custodial rights) shall control, unless the minority (or the parent without custodial rights) initiates guardianship proceedings in accordance with the Probate Act of 1975.

andNo (3)health sendcare aprovider messageor afterother conductingperson theis searchrequired describedto inseek paragraphappointment (2) of subsectiona (a)guardian. to any person or persons who hold an ownership interest in the lands or tenements by email at their last known email address, if any, and by text at their last known telephone number, if any, that includes:

(A)(b) After a statementsurrogate ofhas intentionbeen toidentified, seekthe ownershipname, ofaddress, landstelephone ornumber, tenementsand torelationship the exclusion of anythat nonclaimingperson ownerto or owners, including the addresspatient orshall abe descriptionrecorded ofin the landspatient's ormedical tenements;record.

and(c) (B)Any asurrogate notificationwho thatbecomes theunavailable personfor orany personsreason with an ownership interest in the lands or tenements may filebe anreplaced objectionby withapplying the recorderprovisions of deedsSection 25 in the countysame wheremanner the lands or tenements are located as setfor forththe ininitial subsectionchoice (c);of surrogate.

andSB3398 (4)Enrolled publish- or4 cause- toLRB104 be17550 publishedJRC one30978 noticeb of(d) theIn claim under the Noticeevent byan Publicationindividual Actof in a newspaperhigher SB3398priority Engrossedto -an 5identified -surrogate LRB104becomes 17550available JRCand 30978willing bto ofbe generalthe circulationsurrogate, covering the county,individual city,with orhigher townshippriority wheremay thebe landsidentified oras tenementsthe aresurrogate. located.

(c)In Athe personevent oran personsindividual within ana ownershiphigher, interesta inlower, or the landssame priority level or tenementsa mayhealth objectcare provider seeks to achallenge claimthe underpriority thisof Sectionor bythe filinglife-sustaining antreatment objectiondecision withof the recorderrecognized ofsurrogate deedsdecision inmaker, the countychallenging whereparty themay landsinitiate orguardianship tenementsproceedings arein located.accordance with the Probate Act of 1975.

(e) The objectionsurrogate shall:decision maker shall have the same right as the patient to receive medical information and medical records and to consent to disclosure.

(1)Except beas otherwise provided by law, a health care provider shall, in response to a written request from an individual who was named as a surrogate or any person, entity, or organization presenting a valid authorization for the release of records signed by the personsurrogate, orrelease personsthe objecting;medical records in accordance with Section 8-2001 of the Code of Civil Procedure.

(2)(f) describeAny surrogate shall have the subjectauthority landsto make decisions for the patient until removed by the patient who no longer lacks decisional capacity, appointment of a guardian of the person, or tenements;the patient's death.

(3)(g) stateUpon a determination that thea objectingpatient personlacks ordecisional personscapacity haveand ana ownershiphealth interestcare insurrogate theis subjectidentified, landsa orhealth tenements;care facility shall provide written information, which may be SB3398 Enrolled - 5 - LRB104 17550 JRC 30978 b provided electronically, to the surrogate that states:

(1) that a named patient has been determined to lack decisional capacity by the attending physician, the name of the attending physician, and (4)the declaredate theirof objection.such determination;

(2) that the surrogate was designated under this Section and has the rights and responsibilities prescribed by this Act, including the right to obtain the patient's medical records;

(3) the identification of the surrogate, including the surrogate's name, address, and telephone number, the relationship of that person to the patient, the date the surrogate was identified, and the name of the health care facility where the patient was determined to lack decisional capacity;

(4) that a copy of this written information shall be placed in the patient's medical record and be provided to any transferring health care provider or health care facility;