Bill Text: IL HB5365 | 2025-2026 | 104th General Assembly | Enrolled

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Bill Title: Deletes changes to the Probate Act of 1975. Reinserts provisions amending the Supported Decision-Making Act with these changes. Deletes provisions that provide that the capacity of an adult should be assessed with any supports, including supported decision-making, that the person is using or could use. Provides that a diagnosis of mental illness, intellectual disability, or developmental disability, of itself, does not void the presumption of capacity. Provides that the execution of a supported decision-making agreement may not be used as evidence of capacity or incapacity in any civil or criminal proceeding, but the existence of such an agreement may be entered into evidence. Deletes provisions that a court order terminates a supported decision-making agreement.

Sponsorship: Partisan Bill (Democrat 4)

Status: (Enrolled) 2026-06-18 - Sent to the Governor [HB5365 Detail]

Download: Illinois-2025-HB5365-Enrolled.html

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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Supported Decision-Making Agreement Act is
amended by changing Sections 5, 10, 15, 30, 50, and 70 as
follows:
(755 ILCS 9/5)
Sec. 5. Purpose; interpretation. The purpose of this Act
is to protect vulnerable adults from exploitation by
recognizing recognize a less-restrictive alternative to
guardianship for adults with intellectual and developmental
disabilities who need support making assistance with decisions
regarding daily living and who, with proper support, retain
the capacity to make those decisions. Supported
decision-making is intended to provide individuals a way to
maintain autonomy and decision-making authority over their own
lives by developing and maintaining voluntary supports to
assist them in understanding, making, communicating, and
implementing their own informed choices.
This Act shall be administered and interpreted in
accordance with the following principles:
(1) All adults, including adults with disabilities and
older adults, are presumed competent and to have the

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capacity to make decisions regarding their day-to-day
health, safety, welfare, and social and financial affairs,
should be able to live in the manner they choose and to
accept or refuse support, assistance, or protection unless
otherwise determined through legal proceedings as long as
they do not harm others and are capable of making
decisions about those matters.
(2) All adults should be able to be informed about
and, to the best of their ability and with the supports
they choose, participate in decisions regarding daily
living and managing their affairs.
(3) Adults use a wide range of voluntary supports to
help them understand, make, and communicate their own
decisions. These voluntary arrangements should be
encouraged and recognized as a valid way for people to
strengthen their capacity and maintain their autonomy.
(4) All adults should receive the most effective yet
least restrictive and intrusive forms of support,
assistance, and protection when they are unable to care
for themselves or manage their affairs alone.
(5) (4) The values, beliefs, wishes, cultural norms,
and traditions that the principal holds should be
respected.
(6) To safeguard vulnerable persons from exploitation,
a supported decision-making agreement:
(A) must include the specific areas for which the

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supporter requests support;
(B) should be reviewed every 2 years;
(C) must include information about how to report
abuse, neglect, or exploitation of an adult with
disabilities;
(D) must allow an interested person to seek
suspension or revocation of a supported
decision-making agreement;
(E) must require a supporter to attest that the
supporter must complete training and is eligible to
serve as a supporter;
(F) is automatically terminated if a supporter
becomes disqualified;
(G) must contain the names and signatures of 2
witnesses; and
(H) must include a statement that the supporter is
not authorized to make a decision for the principal.
(7) Under a supported decision-making agreement:
(A) the principal makes the decisions and retains
all personal rights and autonomy;
(B) the principal chooses trusted individuals to
support them; and
(C) supporters advise the principal, provide
information, and help them understand the implications
of different choices, but they do not make the
decision.

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(Source: P.A. 102-614, eff. 2-27-22.)
(755 ILCS 9/10)
Sec. 10. Definitions. As used in this Act:
"Adult" means a person who is at least 18 years of age.
"Everyday life decisions" means decisions that support
one's existence, including, but not limited to, decisions
regarding medical care and treatment, one's residence, work,
finances, and social life.
"Interested person" means the principal's spouse, parent,
or adult child; a governmental agency having regulatory
authority to protect the welfare of the principal; a service
provider as defined in the Guardianship and Advocacy Act; and
the principal's caregiver or another person who demonstrates
sufficient interest in the principal's welfare.
"Principal" means an adult who is not under plenary
guardianship and has not otherwise been declared by a
physician to lack decisional capacity and with intellectual or
developmental disabilities who seeks to enter, or has entered,
into a supported decision-making agreement with a supporter
under this Act.
"Supported decision-making" means a process of supporting
and accommodating a principal to assist the principal in
making life decisions under a supported decision-making
agreement.
"Supported decision-making agreement" means an agreement

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between a principal and a supporter under this Act that
identifies the life decisions that can be supported, which may
include, but are not limited to, decisions related to where
the principal wants to live, with whom the principal wants to
live, where the principal wants to work, and the services,
supports, or medical care the principal wants to receive
without impeding the self-determination of the principal.
"Supporter" means an adult who has entered into a
supported decision-making agreement with a principal under
this Act.
(Source: P.A. 102-614, eff. 2-27-22.)
(755 ILCS 9/15)
Sec. 15. Presumption of capability.
(a) All adults are presumed to be capable of making
decisions regarding daily living and to have capacity unless
otherwise determined by a court. A diagnosis of mental
illness, intellectual disability, or developmental disability,
of itself, does not void the presumption of capacity.
(b) The manner in which an adult communicates with others
is not grounds for deciding that the adult is incapable of
managing the affairs of the adult.
(c) The execution of a supported decision-making agreement
may not be used as evidence of capacity or incapacity in any
civil or criminal proceeding; however, the existence of such
an agreement may be entered into evidence. The execution of a

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supported decision-making agreement and does not preclude the
ability of the adult who has entered into a supported
decision-making agreement to act independently of the
agreement.
(Source: P.A. 102-614, eff. 2-27-22.)
(755 ILCS 9/30)
Sec. 30. Supporter duties.
(a) Except as otherwise provided by a supported
decision-making agreement, a supporter may:
(1) Assist the principal in understanding information,
options, responsibilities, and consequences of the life
decisions of the principal, including those decisions
related to the affairs or support services of the
principal.
(2) Help the principal access, obtain, and understand
any information that is relevant to any given life
decision, including a medical, psychological, financial,
or educational decision, or any treatment records or
records necessary to manage the affairs or support
services of the principal.
(3) Assist the principal in finding, obtaining, making
appointments for, and implementing the support services or
plans for support services of the principal.
(4) Help the principal monitor information about the
affairs or support services of the principal, including

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keeping track of future necessary or recommended services.
(5) Ascertain the wishes and decisions of the
principal in order to advocate that the wishes and
decisions of an individual with disabilities are
implemented.
(b) A supporter shall act with the care, competence, and
diligence ordinarily exercised by an individual in a similar
circumstance, with due regard to the possession of, or lack
of, special skills or expertise.
(c) A supporter shall complete the seek training developed
by the Guardianship and Advocacy Commission and education
regarding the responsibilities and limitations of the
supporter role within 45 days of signing the consent to act as
a supporter. The Guardianship and Advocacy Commission shall
provide public information about this Act and the supporter
role, responsibilities, and limitations.
The Guardianship and Advocacy Commission shall develop
training and education materials for both principals and
supporters, including, but not limited to, sample agreements
that will be posted on the website of the Commission along with
public awareness materials.
(Source: P.A. 102-614, eff. 2-27-22.)
(755 ILCS 9/50)
Sec. 50. Agreement instrument.
(a) A supported decision-making agreement must be written

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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 under Section 20 of this Act;
(3) the supporter's agreement that the supporter will
complete the training required by subsection (c) of
Section 30 of this 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.
(b) A supported decision-making agreement must be signed
by the principal and each supporter. The principal may use
reasonable modifications, such as assistive technology or
physical assistance, to sign the agreement.
(c) 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.
(d) A supported decision-making agreement is valid if it
substantially follows the following form:
"SUPPORTED DECISION-MAKING AGREEMENT

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Important Information for the Supporter: Duties
If you agree to provide support to the principal, you have
a duty to:
(1) act in good faith;
(2) act within the authority granted in this
agreement;
(3) act loyally and without self-interest; and
(4) avoid conflicts of interest; and .
(5) complete the training required in Section 30 of
the Supported Decision-Making Agreement Act.
Appointment of Supporter
I, (insert principal's name), make this agreement of my
own free will.
I agree and designate that the following individual is my
supporter:
Name: ...............................................
Address: ............................................
Phone Number: .......................................
Email Address: ..........................................
My supporter is to help me make decisions for myself and
may help me with making everyday life decisions relating to

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the following:
(Yes/No) obtaining food, clothing, and shelter.
(Yes/No) taking care of my physical and emotional
health.
(Yes/No) managing my financial affairs.
(Yes/No) applying for public benefits.
(Yes/No) helping me find work.
(Yes/No) assisting with residential services.
(Yes/No) helping me with school.
(Yes/No) helping me advocate for myself.
My supporter is not allowed to make decisions for me. To
help me with my decisions, my supporter may:
(1) help me access, collect, or obtain information
that is relevant to a decision, including medical,
psychological, financial, educational, housing, and
treatment records;
(2) help me understand my options so that I can make an
informed decision; and
(3) help me communicate my decision to appropriate
persons.
I want my supporter to have:
(Yes/No) A release allowing my supporter to see
protected health information under the Health Insurance
Portability and Accountability Act of 1996 is attached.

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(Yes/No) A release allowing my supporter to see
confidential information under the Mental Health and
Developmental Disabilities Confidentiality Act is
attached.
(Yes/No) A release allowing my supporter to see
educational records under the Family Educational Rights
and Privacy Act of 1974 and the Illinois School Records
Act is attached.
(Yes/No) A release allowing my supporter to see
substance abuse records under Confidentiality of Alcohol
and Drug Abuse Patient Records regulations is attached.
This supported decision-making agreement is effective
immediately and will continue until (insert date) or until the
agreement is terminated by my supporter or me or by operation
of law.
Signed this .... day of ........, 20....
(Signature of Principal) (Printed name of principal)
Consent of Supporter
I, (name of supporter), consent to act as a supporter
under this agreement.
(Signature of supporter) (Printed name of supporter)

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(Witness 1 signature) (Printed name of witness 1)
(Witness 2 signature) (Printed name of witness 2)
WARNING: PROTECTION FOR THE ADULT WITH A DISABILITY
IF A PERSON WHO RECEIVES A COPY OF THIS AGREEMENT OR IS AWARE
OF THE EXISTENCE OF THIS AGREEMENT HAS CAUSE TO BELIEVE THAT
THE ADULT WITH A DISABILITY IS BEING ABUSED, NEGLECTED, OR
EXPLOITED BY THE SUPPORTER, THE PERSON SHALL REPORT THE
ALLEGED ABUSE, NEGLECT, OR EXPLOITATION TO THE ADULT
PROTECTIVE SERVICES HOTLINE: [phone]
(TTY)."
This form is not intended to exclude other forms or
agreements that identify the principal, supporter, and types
of supports.
(Source: P.A. 102-614, eff. 2-27-22.)
(755 ILCS 9/70)
Sec. 70. Term of agreement; revocation.
(a) A supported decision-making agreement extends until
terminated by either party or by the terms of the agreement.
(b) A supported decision-making agreement is terminated
if:
(1) the Office of Inspector General or Adult
Protective Services substantiated an allegation of abuse

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or neglect by the supporter; or
(2) there is a restraining order against the supporter
by or on behalf of the principal; .
(3) all supporters become disqualified from acting as
a supporter under Section 20 of this Act;
(4) the principal revokes the agreement;
(5) the supporter resigns; or
(6) the agreement includes a termination date.
(b-5) A supported decision-making agreement is suspended
while:
(1) the conditions of Section 15 of the Health Care
Surrogate Act are met;
(2) a medical or psychological evaluation has
concluded the principal lacks decisional capacity but a
subsequent evaluation has not yet found the principal's
decisional capacity restored; or
(3) the agency established in a durable power of
attorney has begun but not yet terminated.
(c) A principal may revoke his or her supported
decision-making agreement and invalidate the supported
decision-making agreement at any time by:
(1) canceling or destroying the supported
decision-making agreement or directing another in the
presence of the principal to destroy the decision-making
agreement;
(2) executing a statement, in writing, that is signed

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and dated by the principal, expressing his or her intent
to revoke the supported decision-making agreement; or
(3) verbally expressing the intent of the principal to
revoke the supported decision-making agreement in the
presence of 2 witnesses.
(d) Unless the supported decision-making agreement
provides a different method for the resignation of the
supporter support, a supporter may resign by giving written
notice to the principal.
(d-5) A supporter must give written notice to the
principal if the supporter becomes disqualified from acting as
a supporter under Section 20 of this Act.
(e) The last signed agreement holds.
(f) Upon the filing of a petition by an interested person,
a court may suspend or terminate a supported decision-making
agreement if necessary to ensure the well-being and safety of
the principal. Proceedings under this subsection may be
commenced in the county where the principal resides.
(Source: P.A. 102-614, eff. 2-27-22.)