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HB 3372

Relating to exempt uses of water.

2025 Regular Session Introduced by Mark Gamba and 9 co-sponsors

Illinois expands supported decision-making as an alternative to guardianship, with court notice, trained supporters, and power to suspend or terminate SDMs to protect safety.

Chapter 283, (2025 Laws): Effective date January 1, 2026.
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Bill Summary · HB 3372

Summary — HB 3372 (GUARDIANSHIP‑ALTERNATIVES)

Status and timeline
- Introduced: February 26, 2025 (Rep. Michelle Mussman).
- Enacted: Signed by the Governor June 22, 2025 — effective immediately.

Purpose
- To strengthen and expand the use of supported decision‑making (SDM) as an alternative to full guardianship in Illinois, add procedural protections for adults facing guardianship petitions, and clarify when SDM agreements may be suspended or terminated.

Key provisions
1. Court procedures in guardianship cases (amends Probate Act of 1975)
- At a guardianship hearing the court must ask the alleged disabled adult whether they are interested in a supported decision‑making agreement as an alternative to guardianship.
- The court must inform the respondent (potential ward) of the right to seek modification of an adjudication of disability (e.g., switch to a limited guardianship) or to terminate guardianship in favor of a supported decision‑making agreement.
- Guardian ad litem (GAL) requirements: the GAL’s written report must include observations and recommendations about whether guardianship, limited guardianship, or an SDM agreement would be appropriate. GALs must be qualified by training/experience for the type of disability alleged and may inspect relevant medical/mental‑health records in connection with the proceedings.

  1. Changes to the Supported Decision‑Making Agreement Act
    • Applicability broadened: removes the prior requirement that an adult must have an intellectual or developmental disability to use an SDM agreement — expanding SDM availability to a wider range of adults with disabilities or decision‑making needs.
    • Capacity presumption clarified: a diagnosis of Alzheimer’s disease or dementia alone does not negate the statutory presumption that an adult has capacity to make decisions.
    • Acting independently: entering into an SDM agreement does not prevent the principal (the adult) from acting independently of the agreement.
    • Supporter training: a supporter named in an SDM agreement must complete training and education developed by the Guardianship and Advocacy Commission within 45 days of consenting to serve.
    • Termination events: an SDM agreement terminates if (i) a restraining order is entered against the supporter by/on behalf of the principal; (ii) the principal revokes the agreement; (iii) the supporter resigns; (iv) a court orders termination; or (v) the agreement contains a termination date.
    • Suspension conditions: an SDM agreement is suspended while (i) conditions of the Health Care Surrogate Act apply; (ii) a medical or psychological evaluation finds the principal lacks decisional capacity and a subsequent evaluation has not yet restored capacity; or (iii) an agency named in a durable power of attorney is active but not yet terminated.
    • Court authority: upon petition by an interested person, a court may suspend or terminate an SDM agreement if needed to ensure the principal’s safety and well‑being.

Who is affected
- Adults subject to or at risk of guardianship (including those with dementia, Alzheimer’s, physical disabilities, mental illness, or other conditions).
- Family members and proposed supporters.
- Guardians, guardian ad litems, judges and court staff handling guardianship proceedings.
- Guardianship and Advocacy Commission (training role).
- Lawyers and service agencies involved in adult protective services or public guardianship.

Potential impacts and considerations
- Expands access to SDM as an alternative to full or plenary guardianship, promoting autonomy and less restrictive decision‑making supports.
- May increase court and GAL duties to advise and document SDM options in guardianship cases.
- Introduces a mandatory, time‑bounded training obligation for supporters, which could improve safeguards but requires program delivery and compliance tracking.
- Provides courts explicit authority to suspend or terminate SDM when safety concerns arise, balancing autonomy with protection.

This bill represents a statutory shift toward supported decision‑making as a recognized, procedurally protected alternative to guardianship in Illinois.

Compiled from official sources — confirm details with the bill’s official record.

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