New Statutory Custodial Claims Bill
I've written extensively about statutory custodial claims, most extensively here:
In Part 2 above, I note some of the problems with the statutory claims law. There's now a bill pending in the Illinois Senate (SB1230 -- full text here) that would amend this law by making the following changes:
Change #1: Preventing someone convicted of financial exploitation under 2-6.2 of the Illinois Probate Act from receiving payment of a statutory custodial claim;
Change #2: Allowing a person to disallow statutory custodial claims against his or her estate via a Will or codicil; and
Change #3: Mitigating the claim amount to the extent that the caregiver benefited from the arrangement (had housing, etc. provided).
I'm sort of neutral on the first and third of these changes. Change #1 is a hot-button issue since old people vote, and everyone loves to rail against financial exploitation of the elderly. Change #3 is good in theory -- the question of how to deal with the benefits received by the caregiver has always been an open issue -- but fairly vague.
Change #2 is idiotic. If I dedicate myself to your personal care and you are disabled, why should you be able to eliminate my ability to file a claim against your estate? If we're going to allow this, I think it has to be with the consent of the caregiver. In other words, if you want to prohibit statutory claims under your Will or codicil, you have to get me to agree to give up my rights. Then I can decide that you're an ungrateful so-and-so, and leave you to care for yourself.
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