HB3372 would expand and clarify Illinois law on supported decision-making as an alternative to guardianship. In the Probate Act, it requires courts handling guardianship matters to ask whether a supported decision-making agreement could be used instead of, or alongside, guardianship and to inform the respondent or ward about the option to seek modification of a disability adjudication through a limited guardianship or supported decision-making agreement. The bill also updates the notice and hearing provisions so that supported decision-making is expressly considered during guardianship proceedings.
The bill amends the Supported Decision-Making Agreement Act to broaden who may use these agreements by removing the current requirement that the adult have an intellectual or developmental disability. It also states that a diagnosis of Alzheimer’s disease or dementia alone does not eliminate the presumption that an adult has decision-making capacity, and that entering into a supported decision-making agreement does not prevent the adult from acting independently. The bill adds a training requirement for supporters, requiring completion of Guardianship and Advocacy Commission training within 45 days, and it specifies when agreements terminate, suspend, or may be suspended or terminated by a court.
Impact
HB3372 would change Illinois probate and disability-support law by making supported decision-making a more explicit and accessible alternative to plenary guardianship. It would affect guardianship petitioners, alleged disabled adults, wards, supporters, courts, guardians ad litem, and the Guardianship and Advocacy Commission. The bill also updates statutory forms and procedures to reflect the new requirement that courts consider supported decision-making and limited guardianship before or during guardianship adjudications.
Sentiment
The bill’s overall tone is protective and reform-oriented, with a clear emphasis on autonomy, least-restrictive alternatives, and preserving adult decision-making rights. Because there are no committee transcripts or recorded votes provided, there is no documented opposition or support in the supplied history. Based on the text alone, the measure appears designed to strengthen rights for adults facing guardianship while adding safeguards and oversight for supporters and courts.
Contention
The main policy tension in HB3372 is between expanding autonomy and ensuring safety. Supporters of the bill would likely favor broader access to supported decision-making, especially for adults with dementia or other conditions who may still retain capacity, while critics may be concerned that removing the intellectual/developmental-disability limitation could broaden the law beyond its original scope. Another point of contention is the court’s authority to suspend or terminate agreements when necessary for the principal’s well-being, which adds a safeguard but also gives judges significant discretion over private support arrangements.