HB 5365 Illinois House · 104th Regular Session

DISABILITY-DECISION MAKING

Summary
Amends the Probate Act of 1975. Requires that a guardian ad litem in a petition seeking a guardianship of an adult with alleged disability to inquire with the respondent before the hearing on whether a supported decision-making agreement is an appropriate alternative to guardianship or a limited guardianship is an appropriate alternative to plenary guardianship. Requires that the court make the same inquiry at the hearing and advise the respondent of the right to modify an adjudication of disability using a limited guardianship or termination of guardianship with a supported decision-making agreement. Amends the Supported Decision-Making Agreement Act. Allows the existence of a supported decision-making agreement to be entered into evidence for purposes other than as evidence of capacity or incapacity. Requires that a support decision-making agreement must be written 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 as a supporter under the Act; (3) the supporter's agreement that the supporter will complete the training required by the 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. Requires that a supported decision-making agreement must be signed by the principal and each supporter. Provides that the principal may use reasonable modifications, such as assistive technology or physical assistant, to sign the agreement. Provides that 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. Makes other changes.
Bill status signed all 5 stages cleared
Introduction
Apr 2026
Committee Review
Apr 2026
House Passage
May 2026
Senate Passage
May 2026
Signed into Law
Jul 2026
Introduced Apr 15, 2026 Signed Jul 30, 2026
Maddy AI version diff · 2 comparisons

What changed between versions

Engrossed Enrolled · 1 edit · Jul 30, 2026
MINOR
The bill text was updated from the 'Engrossed' version to the 'Enrolled' version, which is the final form ready for signing into law. The substantive content of the act, including its principles on adult competency and supported decision-making definitions, remains unchanged. The only modifications are the removal of 'Engrossed' headers and the addition of 'Enrolled' headers to reflect the bill's final status.
TECHNICAL

Updated the document title from 'HB5365 Engrossed' to 'HB5365 Enrolled' on the first page and at the bottom of subsequent pages to indicate the bill has passed all legislative stages.

Floor votes · Senate May 21, 2026 · House Apr 14, 2026

How they voted

580
Passed
Total votes 58
May 21, 2026
D Democratic39
39 Yea
100% Yea
R Republican19
19 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
33
Key actions
8
Committee
7
Amendments
2
Jul 30, 2026
Signed into law
Governor Approved
lower
May 21, 2026
Lower · Passed
Passed Both Houses
lower
May 21, 2026
Upper · Passed
Third Reading - Passed; 059-000-000
upper
Apr 15, 2026
Committee
Referred to Assignments
upper
Apr 15, 2026
Introduced
Arrive in Senate
upper
Apr 14, 2026
Lower · Passed
Third Reading - Short Debate - Passed 109-000-000
lower
Apr 14, 2026
Lower · Passed
House Floor Amendment No. 1 Adopted
lower
Apr 8, 2026
Lower · Passed
House Floor Amendment No. 1 Recommends Be Adopted Judiciary - Civil Committee; 020-000-000
lower
Apr 7, 2026
Lower · Passed
House Floor Amendment No. 1 Rules Refers to Judiciary - Civil Committee
lower
Apr 1, 2026
Committee
House Floor Amendment No. 1 Referred to Rules Committee
lower
Apr 1, 2026
Introduced
House Floor Amendment No. 1 Filed with Clerk by Rep. Michelle Mussman
lower
Mar 25, 2026
Lower · Passed
Do Pass / Short Debate Judiciary - Civil Committee; 013-006-000
lower
Mar 12, 2026
Committee
Assigned to Judiciary - Civil Committee
lower
Feb 10, 2026
Committee
Referred to Rules Committee
lower
2 primary · 2 co-sponsors

Sponsors