HB5365 — DISABILITY-DECISION MAKING
Last action — Public Act . . . . . . . . . 104-0663
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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5To Executive
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6Enacted
This bill has been sent to the executive. Introduced February 05, 2026. It awaits signature.
Next likely step: the executive signs it into law or issues a veto.
Odds of enactment
Moderate chanceBased on the sponsor, cosponsors, and committee posture, this bill has a moderate chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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To Executive
Current position in the legislative process.
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4 sponsors
1 primary, 3 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (3 D).
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Cleared a recorded vote
Passed 4 recorded votes so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
In plain language
The bill amends laws regarding guardianship and supported decision-making for adults with disabilities.
This bill requires inquiries into supported decision-making as an alternative to guardianship and outlines the requirements for supported decision-making agreements. It aims to empower adults with disabilities while ensuring protections against abuse and exploitation.
What this means for you
- Families: Families of adults with disabilities may benefit from clearer options for decision-making support and legal protections.
Summary
Amends the Probate Act of 1975. Requires that a guardian ad litem in a petition seeking a guardianship of an adult with alleged disability to inquire with the respondent before the hearing on whether a supported decision-making agreement is an appropriate alternative to guardianship or a limited guardianship is an appropriate alternative to plenary guardianship. Requires that the court make the same inquiry at the hearing and advise the respondent of the right to modify an adjudication of disability using a limited guardianship or termination of guardianship with a supported decision-making agreement. Amends the Supported Decision-Making Agreement Act. Allows the existence of a supported decision-making agreement to be entered into evidence for purposes other than as evidence of capacity or incapacity. Requires that a support decision-making agreement must be written in plain language and include the following: (1) a list of the areas in which both the principal requests support and the supporter agrees to provide support; (2) the supporter's agreement that the supporter is not disqualified from acting as a supporter under the Act; (3) the supporter's agreement that the supporter will complete the training required by the Act; (4) a statement that a supporter is not authorized to make a decision for the principal; and ( 5) information about how to report suspicion that an adult with a disability is being abused, neglected, or exploited by the supporter. Requires that a supported decision-making agreement must be signed by the principal and each supporter. Provides that the principal may use reasonable modifications, such as assistive technology or physical assistant, to sign the agreement. Provides that a supported decision-making agreement should be reviewed by the principal and all supporters every 2 years and, updated as needed, in the same manner as an initial supported decision-making agreement is executed. Makes other changes.
Bill Text
We don't have the full text on file for this bill yet.
Read HB5365 on the official Illinois source →Action History
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Public Act . . . . . . . . . 104-0663
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Effective Date January 1, 2027
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Governor Approved
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Sent to the Governor
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Passed Both Houses
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Third Reading - Passed; 059-000-000
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Placed on Calendar Order of 3rd Reading **
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Placed on Calendar Order of 3rd Reading May 18, 2026
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Second Reading
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Placed on Calendar Order of 2nd Reading April 29, 2026
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Approved for Consideration Assignments
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Referred to Assignments
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First Reading
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Chief Senate Sponsor Sen. Sara Feigenholtz
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Placed on Calendar Order of First Reading
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Arrive in Senate
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Added Chief Co-Sponsor Rep. Suzanne M. Ness
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Added Chief Co-Sponsor Rep. Stephanie A. Kifowit
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Third Reading - Short Debate - Passed 109-000-000
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Placed on Calendar Order of 3rd Reading - Short Debate
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House Floor Amendment No. 1 Adopted
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Held on Calendar Order of Second Reading - Short Debate
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Second Reading - Short Debate
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House Floor Amendment No. 1 Recommends Be Adopted Judiciary - Civil Committee; 020-000-000
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House Floor Amendment No. 1 Rules Refers to Judiciary - Civil Committee
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House Floor Amendment No. 1 Referred to Rules Committee
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House Floor Amendment No. 1 Filed with Clerk by Rep. Michelle Mussman
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Placed on Calendar 2nd Reading - Short Debate
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Do Pass / Short Debate Judiciary - Civil Committee; 013-006-000
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Assigned to Judiciary - Civil Committee
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Referred to Rules Committee
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First Reading
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Filed with the Clerk by Rep. Michelle Mussman
Sponsors
- Sara Feigenholtz · Cosponsor
- Michelle Mussman · Primary
- Stephanie A. Kifowit · Cosponsor
- Suzanne M. Ness · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 3 co-sponsors · 179 not signed on · 6 voted No
Sponsors (1)
- Michelle Mussman Democrat
Co-sponsors (3)
- Sara Feigenholtz
- Stephanie A. Kifowit Democrat
- Suzanne M. Ness Democrat
Not signed on (179)
179 members have not signed on to this bill.
Show all 179 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 19 | 0 | 0 | 0 |
| Democrat | 38 | 0 | 0 | 0 |
| Unaffiliated | 1 | 0 | 0 | 0 |
| Total | 58 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (58)
| Member | Party | Vote |
|---|---|---|
| Johnson | — | Yea |
| Bill Cunningham | Democrat | Yea |
| Celina Villanueva | Democrat | Yea |
| Christopher Belt | Democrat | Yea |
| Cristina Castro | Democrat | Yea |
| David Koehler | Democrat | Yea |
| Doris Turner | Democrat | Yea |
| Elgie R. Sims, Jr. | Democrat | Yea |
| Graciela Guzmán | Democrat | Yea |
| Javier L. Cervantes | Democrat | Yea |
| Julie A. Morrison | Democrat | Yea |
| Karina Villa | Democrat | Yea |
| Kimberly A. Lightford | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Laura Ellman | Democrat | Yea |
| Laura Fine | Democrat | Yea |
| Laura M. Murphy | Democrat | Yea |
| Linda Holmes | Democrat | Yea |
| Mark L. Walker | Democrat | Yea |
| Mary Edly-Allen | Democrat | Yea |
| Mattie Hunter | Democrat | Yea |
| Meg Loughran Cappel | Democrat | Yea |
| Michael E. Hastings | Democrat | Yea |
| Michael W. Halpin | Democrat | Yea |
| Mike Porfirio | Democrat | Yea |
| Mike Simmons | Democrat | Yea |
| Napoleon Harris III | Democrat | Yea |
| Omar Aquino | Democrat | Yea |
| Patrick J. Joyce | Democrat | Yea |
| Paul Faraci | Democrat | Yea |
| Rachel Ventura | Democrat | Yea |
| Ram Villivalam | Democrat | Yea |
| Robert F. Martwick | Democrat | Yea |
| Robert Peters | Democrat | Yea |
| Sara Feigenholtz | Democrat | Yea |
| Steve Stadelman | Democrat | Yea |
| Suzy Glowiak Hilton | Democrat | Yea |
| Thaddeus Jones | Democrat | Yea |
| Willie Preston | Democrat | Yea |
| Andrew S. Chesney | Republican | Yea |
| Chapin Rose | Republican | Yea |
| Chris Balkema | Republican | Yea |
| Craig Wilcox | Republican | Yea |
| Dale Fowler | Republican | Yea |
| Darby A. Hills | Republican | Yea |
| Dave Syverson | Republican | Yea |
| Donald P. DeWitte | Republican | Yea |
| Erica Harriss | Republican | Yea |
| Jason Plummer | Republican | Yea |
| Jil Tracy | Republican | Yea |
| John F. Curran | Republican | Yea |
| Li Arellano, Jr. | Republican | Yea |
| Neil Anderson | Republican | Yea |
| Sally J. Turner | Republican | Yea |
| Seth Lewis | Republican | Yea |
| Steve McClure | Republican | Yea |
| Sue Rezin | Republican | Yea |
| Terri Bryant | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 69 | 0 | 0 | 6 |
| Republican | 36 | 0 | 0 | 3 |
| Unaffiliated | 3 | 0 | 0 | 0 |
| Total | 108 | 0 | 0 | 9 |
| % of votes cast | 92% | 0% | 0% | 8% |
How each member voted (117)
| Member | Party | Vote |
|---|---|---|
| Jacobs | — | Yea |
| Johnson | — | Yea |
| Hernandez, Lisa | — | Yea |
| Aarón M. Ortíz | Democrat | Yea |
| Abdelnasser Rashid | Democrat | Yea |
| Amy Briel | Democrat | Yea |
| Angelica Guerrero-Cuellar | Democrat | Yea |
| Ann M. Williams | Democrat | Yea |
| Anna Moeller | Democrat | Yea |
| Anne Stava | Democrat | Yea |
| Anthony DeLuca | Democrat | Yea |
| Barbara Hernandez | Democrat | Yea |
| Bob Morgan | Democrat | Yea |
| Camille Y. Lilly | Democrat | Yea |
| Carol Ammons | Democrat | Not Voting |
| Curtis J. Tarver, II | Democrat | Not Voting |
| Dagmara Avelar | Democrat | Yea |
| Daniel Didech | Democrat | Yea |
| Dave Vella | Democrat | Yea |
| Debbie Meyers-Martin | Democrat | Yea |
| Diane Blair-Sherlock | Democrat | Yea |
| Edgar González, Jr. | Democrat | Yea |
| Eva-Dina Delgado | Democrat | Yea |
| Fred Crespo | Democrat | Yea |
| Harry Benton | Democrat | Yea |
| Hoan Huynh | Democrat | Not Voting |
| Jaime M. Andrade, Jr. | Democrat | Not Voting |
| Janet Yang Rohr | Democrat | Yea |
| Jawaharial Williams | Democrat | Yea |
| Jay Hoffman | Democrat | Yea |
| Jehan Gordon-Booth | Democrat | Yea |
| Jennifer Gong-Gershowitz | Democrat | Yea |
| Joyce Mason | Democrat | Yea |
| Justin Cochran | Democrat | Yea |
| Justin Slaughter | Democrat | Yea |
| Kam Buckner | Democrat | Yea |
| Katie Stuart | Democrat | Yea |
| Kelly M. Cassidy | Democrat | Yea |
| Kevin John Olickal | Democrat | Yea |
| Kimberly Du Buclet | Democrat | Yea |
| La Shawn K. Ford | Democrat | Yea |
| Laura Faver Dias | Democrat | Yea |
| Lawrence "Larry" Walsh, Jr. | Democrat | Yea |
| Lilian Jiménez | Democrat | Yea |
| Lindsey LaPointe | Democrat | Yea |
| Lisa Davis | Democrat | Yea |
| Marcus C. Evans, Jr. | Democrat | Yea |
| Margaret A. DeLaRosa | Democrat | Not Voting |
| Margaret Croke | Democrat | Yea |
| Martha Deuter | Democrat | Yea |
| Mary Beth Canty | Democrat | Yea |
| Mary Gill | Democrat | Yea |
| Matt Hanson | Democrat | Yea |
| Maura Hirschauer | Democrat | Yea |
| Maurice A. West, II | Democrat | Yea |
| Michael Crawford | Democrat | Yea |
| Michael J. Kelly | Democrat | Not Voting |
| Michelle Mussman | Democrat | Yea |
| Nabeela Syed | Democrat | Yea |
| Natalie A. Manley | Democrat | Yea |
| Nicholas K. Smith | Democrat | Yea |
| Nicolle Grasse | Democrat | Yea |
| Norma Hernandez | Democrat | Yea |
| Rick Ryan | Democrat | Yea |
| Rita Mayfield | Democrat | Yea |
| Robert "Bob" Rita | Democrat | Yea |
| Robyn Gabel | Democrat | Yea |
| Sharon Chung | Democrat | Yea |
| Sonya M. Harper | Democrat | Yea |
| Stephanie A. Kifowit | Democrat | Yea |
| Sue Scherer | Democrat | Yea |
| Suzanne M. Ness | Democrat | Yea |
| Thaddeus Jones | Democrat | Yea |
| Theresa Mah | Democrat | Yea |
| Tracy Katz Muhl | Democrat | Yea |
| Will Guzzardi | Democrat | Yea |
| William "Will" Davis | Democrat | Yea |
| Yolonda Morris | Democrat | Yea |
| Adam M. Niemerg | Republican | Yea |
| Amy Elik | Republican | Yea |
| Amy L. Grant | Republican | Not Voting |
| Blaine Wilhour | Republican | Yea |
| Brad Halbrook | Republican | Yea |
| Brad Stephens | Republican | Yea |
| Bradley Fritts | Republican | Yea |
| Brandun Schweizer | Republican | Yea |
| Charles Meier | Republican | Not Voting |
| Chris Miller | Republican | Yea |
| Christopher "C.D." Davidsmeyer | Republican | Yea |
| Dan Swanson | Republican | Yea |
| Daniel J. Ugaste | Republican | Yea |
| Dave Severin | Republican | Yea |
| David Friess | Republican | Yea |
| Dennis Tipsword | Republican | Yea |
| Jackie Haas | Republican | Yea |
| Jason R. Bunting | Republican | Yea |
| Jed Davis | Republican | Yea |
| Jeff Keicher | Republican | Yea |
| Jennifer Sanalitro | Republican | Yea |
| Joe C. Sosnowski | Republican | Yea |
| John M. Cabello | Republican | Yea |
| Kevin Schmidt | Republican | Yea |
| Kyle Moore | Republican | Yea |
| Martin McLaughlin | Republican | Yea |
| Michael J. Coffey, Jr. | Republican | Yea |
| Nicole La Ha | Republican | Yea |
| Norine K. Hammond | Republican | Yea |
| Patrick Sheehan | Republican | Yea |
| Patrick Windhorst | Republican | Yea |
| Regan Deering | Republican | Yea |
| Ryan Spain | Republican | Yea |
| Steven Reick | Republican | Yea |
| Tom Weber | Republican | Yea |
| Tony M. McCombie | Republican | Yea |
| Travis Weaver | Republican | Yea |
| Wayne A. Rosenthal | Republican | Not Voting |
| William E Hauter | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 13 | 0 | 0 | 0 |
| Republican | 7 | 0 | 0 | 0 |
| Total | 20 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (20)
| Member | Party | Vote |
|---|---|---|
| Ann M. Williams | Democrat | Yea |
| Bob Morgan | Democrat | Yea |
| Curtis J. Tarver, II | Democrat | Yea |
| Dagmara Avelar | Democrat | Yea |
| Dave Vella | Democrat | Yea |
| Eva-Dina Delgado | Democrat | Yea |
| Jennifer Gong-Gershowitz | Democrat | Yea |
| Kam Buckner | Democrat | Yea |
| Kevin John Olickal | Democrat | Yea |
| Lilian Jiménez | Democrat | Yea |
| Mary Beth Canty | Democrat | Yea |
| Thaddeus Jones | Democrat | Yea |
| Tracy Katz Muhl | Democrat | Yea |
| Bradley Fritts | Republican | Yea |
| Daniel J. Ugaste | Republican | Yea |
| David Friess | Republican | Yea |
| Jed Davis | Republican | Yea |
| Martin McLaughlin | Republican | Yea |
| Steven Reick | Republican | Yea |
| Tom Weber | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 13 | 0 | 0 | 0 |
| Republican | 0 | 6 | 0 | 1 |
| Total | 13 | 6 | 0 | 1 |
| % of votes cast | 65% | 30% | 0% | 5% |
How each member voted (20)
| Member | Party | Vote |
|---|---|---|
| Bob Morgan | Democrat | Yea |
| Dagmara Avelar | Democrat | Yea |
| Daniel Didech | Democrat | Yea |
| Dave Vella | Democrat | Yea |
| Eva-Dina Delgado | Democrat | Yea |
| Jay Hoffman | Democrat | Yea |
| Jennifer Gong-Gershowitz | Democrat | Yea |
| Kam Buckner | Democrat | Yea |
| Kevin John Olickal | Democrat | Yea |
| Lilian Jiménez | Democrat | Yea |
| Mary Beth Canty | Democrat | Yea |
| Thaddeus Jones | Democrat | Yea |
| Tracy Katz Muhl | Democrat | Yea |
| Bradley Fritts | Republican | Nay |
| Daniel J. Ugaste | Republican | Nay |
| David Friess | Republican | Nay |
| Jed Davis | Republican | Nay |
| Martin McLaughlin | Republican | Nay |
| Steven Reick | Republican | Not Voting |
| Tom Weber | Republican | Nay |
Subjects
Frequently asked questions
- What does HB5365 do?
- Amends the Probate Act of 1975. Requires that a guardian ad litem in a petition seeking a guardianship of an adult with alleged disability to inquire with the respondent before the hearing on whether a supported decision-making agreement is an appropriate alternative to guardianship or a limited guardianship is an appropriate alternative to plenary guardianship. Requires that the court make the same inquiry at the hearing and advise the respondent of the right to modify an adjudication of disability using a limited guardianship or termination of guardianship with a supported decision-making agreement. Amends the Supported Decision-Making Agreement Act. Allows the existence of a supported decision-making agreement to be entered into evidence for purposes other than as evidence of capacity or incapacity. Requires that a support decision-making agreement must be written in plain language and include the following: (1) a list of the areas in which both the principal requests support and the supporter agrees to provide support; (2) the supporter's agreement that the supporter is not disqualified from acting as a supporter under the Act; (3) the supporter's agreement that the supporter will complete the training required by the Act; (4) a statement that a supporter is not authorized to make a decision for the principal; and ( 5) information about how to report suspicion that an adult with a disability is being abused, neglected, or exploited by the supporter. Requires that a supported decision-making agreement must be signed by the principal and each supporter. Provides that the principal may use reasonable modifications, such as assistive technology or physical assistant, to sign the agreement. Provides that a supported decision-making agreement should be reviewed by the principal and all supporters every 2 years and, updated as needed, in the same manner as an initial supported decision-making agreement is executed. Makes other changes.
- Who sponsors HB5365 ?
- HB5365 is sponsored by Sara Feigenholtz, Michelle Mussman (Democrat), Stephanie A. Kifowit (Democrat), and Suzanne M. Ness (Democrat).
- What is the current status of HB5365 ?
- This bill has been sent to the executive. Introduced February 05, 2026. It awaits signature.
- Where can I track HB5365 ?
- Track HB5365 free on One Click Politics — get push/email alerts when it moves.
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