Illinois Senate Bill 2031 Would Create a Nursing Resident’s Authorized Representative

In an Illinois Senate bill sponsored by Sen. Tom Cullerton, D-Villa Park, the law would create a “resident’s representative” for Illinois nursing home residents. The law would amend the Nursing Home Care Act, changing Section 1-123 (210 ILCS 45/1).

This law — should it be enacted — would allow a nursing home resident to choose someone to support the resident in decision-making, access medical, social, or other personal information of the resident, manage financial matters or receive notifications.

The law would also include the following: (1) an individual chosen by the resident to act on behalf of the resident in order to support the resident in decision-making; access medical, social or other personal information of the resident; manage financial matters; or receive notifications; (2) a person authorized by state or federal law, including, but not limited to, agents under power of attorney, representative payees, and other fiduciaries, to act on behalf of the resident in order to support the resident in decision-making; access medical, social, or other personal information of the resident; manage financial matters; or receive notifications. (3) a legal representative, as used in Section 712 of the federal Older Americans Act (42 U.S.C. 3058g); or (4) the court-appointed guardian or conservator of a resident. Nothing in this definition is intended to expand the scope of authority of any resident’s representative beyond that authority specifically authorized by the resident, state or federal law, or a court of competent jurisdiction.

The effective date of this proposed law would be the date it is signed into law.

Kreisman Law Offices and Robert Kreisman have been handling nursing home abuse cases for individuals, families and loved ones who have been injured, harmed or died because of the abuse or negligence of a nursing home and its medical providers for more than 40 years in and around Chicago, Cook County and its surrounding counties and municipalities including Morton Grove, Niles, Wheaton, Des Plaines, Deerfield, Lake Villa, Lake Forest, Lake Bluff, Westmont, Schaumburg, Schiller Park, Hinsdale, Aurora and River Grove, Ill.

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