ISBA Statehouse review for the week of Dec. 1

ISBA Director of Legislative Affairs Jim Covington reviews bills in Springfield of interest to ISBA members. This week he covers: medical records of deceased family members (Public Act 97-623), mortgage foreclosure and abandoned residential property (Senate Bill 2534) and public administrator records (Senate 2536). Information on each bill is available below the video.

Medical records of deceased family members. Public Act 97-623 was signed into law and took effect on November 23, 2011. It creates a procedure and statutory form to allow certain family members to get the medical records of deceased family members without being forced to open an estate. A surviving spouse may make a written request for a copy of his or her deceased spouse’s records if: (1) An executor or administrator has not been appointed for the deceased’s estate; or (2) The deceased did not appoint an agent under a power of attorney for health care who was authorized to act for the deceased after death, and the deceased had not specifically objected to disclosure in writing.

If there is no surviving spouse, the records may be released if requested in writing by (1) an adult son or daughter of the deceased, (2) a parent of the deceased, or (3) an adult brother or sister of the deceased. Senate Bill 1694 also amends the Illinois Power of Attorney for Health Care to allow an agent to access the principal’s medical records after the principal’s death if the principal has delegated that authority in the power of attorney.

Mortgage foreclosure and abandoned residential property. Senate Bill 2534 (Wilhelmi, D-Joliet) creates a definition of "abandoned residential property" that is not inhabited by a mortgagor or bona fide tenant if any two of 14 different "indicia of abandonment" exist. It creates an expedited judgment and sale procedure for abandoned residential property. Makes the period of redemption ends for abandoned residential property on the date that the judgment confirms the judicial sale. It makes other changes. Senate Bill 2534 was just introduced and has been referred to the Senate Committee on Assignments.

Public administrator records. Senate Bill 2536 (Silverstein, D-Chicago) requires a public administrator in counties of more than one million residents to retain his or her records under the Local Records Act instead of depositing records of discharged cases with the circuit court clerk. Senate Bill 2536 was just introduced and has been sent to the Senate Committee on Assignments.