Illinois Enacts New Laws To Protect The Elderly.

Several new laws designed to protect senior citizens are now in effect in Illinois.  Supporters of these laws say they will promote safety, increase accountability for caretakers, and help authorities identify and respond to reports of elder abuse, neglect and exploitation.  Below is a short synopsis of some of these new laws.

  • Public Act 97-0865 allows a prosecutor to ask a court to freeze a defendant’s assets if he or she is charged with financial exploitation of an elderly person. To learn more about this law, click here.
  • Public Act 97-0864 allows law enforcement and fire departments access to reports of elder abuse, neglect, financial exploitation or self-neglect compiled by senior service providers. Under current law, law enforcement cannot access this information without a specific instance of abuse or suspected abuse that has been reported to them. Senior services providers will now be able to proactively work with law enforcement in advance of visits like well-being checks or emergency calls, to inform them of circumstances that suggest evidence of elder crime or neglect. To learn more about his law, click here.
  • Public Act 97-0868 changes the Illinois Power of Attorney Act by specifying that certain financial agreements and contracts do not interfere with a person’s primary power of attorney. This bill addresses the difficulties banks, attorneys and trust officers frequently encounter when handling multiple powers of attorney.  To learn more about his law, click here.
  • Public Act 97-0866 requires the training of nurses and other care providers on safe lifting techniques and equipment that will reduce risk for fragile residents and give them more input on how they are lifted.  To learn more about this law, click here.
  • Public Act 97-0863 amends the Nursing Home Care Act to formalize the informal dispute process between the Department of Public Health and nursing care facilities that occurs during state licensing and review.  To learn more about this law, click here.
  • Public Act 97-0867 brings Illinois law into compliance with federal law regarding the release of health records of the deceased. The new legislation allows the executor of the estate of a deceased person who holds their power of attorney to receive their medical records or designate another to receive them. If an executor does not exist and no one holds power of attorney over an estate, the legislation allows medical records to be released to a personal representative of the deceased who meets certain conditions under the federal Health Insurance Portability and Accountability Act (HIPAA).  To learn more about this law, click here.

If you or a loved one has been the victim of elder abuse or neglect, you need an attorney that will aggressively seek to vindicate your rights.  Our experienced trial attorneys will guide you through the process and will fight for your rights.

To speak with one of our attorneys, call us Toll Free at (877) 646-9245 or via our website at http://dd-lawfirm.com/contact.php.   We are here to help. 

To report suspected abuse, neglect or exploitation of older persons living in long-term care facilities such as nursing homes, you may visit the Illinois Department of Aging’s website at http://www.state.il.us/aging/1abuselegal/ombuds_reporting.htm. (more…)