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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5505

Introduced 2/13/2026, by Rep. Edgar González, Jr.

SYNOPSIS AS INTRODUCED:

20 ILCS 105/4.02i new
320 ILCS 20/4

from Ch. 23, par. 6604
755 ILCS 45/4-5

from Ch. 110 1/2, par. 804-5

Amends the Illinois Act on the Aging. Provides that the Department on
Aging shall require all provider agencies to administer annual enhanced
training for all covered aides regarding all of the following: (1) ethical
boundaries and conflicts of interest; (2) the fiduciary duties of an agent
under the Illinois Power of Attorney Act; and (3) recognizing and
reporting signs of financial exploitation and self-neglect. Provides that
a covered aide shall not serve as the agent for a program participant in
the Community Care Program unless all of the following conditions are met:
(1) the family caregiver discloses the dual role in writing to the provider
agency and the Department; (2) the participant undergoes a cognitive
capacity assessment by a qualified physician or clinical psychologist
confirming the participant understands the dual role and, if the
participant lacks capacity, the dual role is permitted only if the agency
designation was executed prior to the loss of capacity; and (3) the family
caregiver agrees to comply with an administrative oversight mechanism.
Amends the Adult Protective Services Act. Provides that a covered aide
operating as an agent carries an enhanced duty to report. Amends the
Illinois Power of Attorney Act. Allows a covered aide to serve as a health
care agent for a program participant in the Community Care Program if the
requirements of the Illinois Act on the Aging are met.
LRB104 18023 KTG 31462 b

A BILL FOR

HB5505
LRB104 18023 KTG 31462 b
1

AN ACT concerning State government.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Illinois Act on the Aging is amended by
5
adding Section 4.02i as follows:

6

(20 ILCS 105/4.02i new)
7

Sec. 4.02i.
Mandatory training and ethics; covered aide
8
training.

9

(a) As used in this Section:
10

"Covered aide" means a homemaker or home care aide
11
employed by a provider agency under the Community Care
12
Program.
13

"Dual role" means a situation in which a covered aide also
14
serves as the agent for the program participant under the
15
Illinois Power of Attorney Act.

16

"Family caregiver" means a covered aide who is the child,
17
sibling, grandchild, spouse, or niece or nephew of the program
18
participant.
19

(b) The Department shall require all provider agencies to
20
administer enhanced training for all covered aides regarding:
21

(1) ethical boundaries and conflicts of interest;
22

(2) the fiduciary duties of an agent under the
23

Illinois Power of Attorney Act; and

HB5505
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LRB104 18023 KTG 31462 b
1

(3) recognizing and reporting signs of financial
2

exploitation and self-neglect.
3

(c) The enhanced training required under this Section must
4
be completed annually. Failure to complete the training shall
5
disqualify a covered aide from eligibility for the exception
6
outlined in subsection (d).
7

(d) A covered aide shall not serve as the agent for a
8
program participant unless all of the following conditions are
9
met:
10

(1) the family caregiver discloses the dual role in
11

writing to the provider agency and the Department;
12

(2) the participant undergoes a cognitive capacity
13

assessment by a qualified physician or clinical
14

psychologist confirming the participant understands the
15

dual role and, if the participant lacks capacity, the dual
16

role is permitted only if the agency designation was
17

executed prior to the loss of capacity; and
18

(3) the family caregiver agrees to one of the
19

following oversight mechanisms:
20

(A) regular submission of financial statements to
21

at least one other adult family member not residing in
22

the participant's home;
23

(B) engagement of a professional fiduciary or
24

elder law attorney to review expenditures quarterly;
25

or
26

(C) for participants with assets below a threshold

HB5505
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LRB104 18023 KTG 31462 b
1

established by the Department, excluding the primary
2

residence, a simplified annual report filed directly
3

with the Area Agency on Aging.
4

(e) Subject to appropriation, the Department shall
5
establish a pilot program in coordination with Area Agencies
6
on Aging to connect participants lacking family support with
7
vetted, professional fiduciaries or volunteer agents.
8

(f) The Department shall prioritize grants to legal aid
9
organizations to provide pro bono assistance to participants
10
in drafting Power of Attorney documents and establishing the
11
family councils described in this Section.

12

Section 10.
The Adult Protective Services Act is amended
13
by changing Section 4 as follows:

14

(320 ILCS 20/4)

(from Ch. 23, par. 6604)
15

Sec. 4.
Reports of abuse, abandonment, or neglect.
16

(a) Any person who suspects the abuse, abandonment,
17
neglect, financial exploitation, or self-neglect of an
18
eligible adult may report this suspicion or information about
19
the suspicious death of an eligible adult to an agency
20
designated to receive such reports under this Act or to the
21
Department.
22

(a-5) If any mandated reporter has reason to believe that
23
an eligible adult, who because of a disability or other
24
condition or impairment is unable to seek assistance for

HB5505
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LRB104 18023 KTG 31462 b
1
himself or herself, has, within the previous 12 months, been
2
subjected to abuse, abandonment, neglect, or financial
3
exploitation, the mandated reporter shall, within 24 hours
4
after developing such belief, report this suspicion to an
5
agency designated to receive such reports under this Act or to
6
the Department. The agency designated to receive such reports
7
under this Act or the Department may establish a manner in
8
which a mandated reporter can make the required report through
9
an Internet reporting tool. Information sent and received
10
through the Internet reporting tool is subject to the same
11
rules in this Act as other types of confidential reporting
12
established by the designated agency or the Department.
13
Whenever a mandated reporter is required to report under this
14
Act in his or her capacity as a member of the staff of a
15
medical or other public or private institution, facility, or
16
agency, he or she shall make a report to an agency designated
17
to receive such reports under this Act or to the Department in
18
accordance with the provisions of this Act and may also notify
19
the person in charge of the institution, facility, or agency
20
or his or her designated agent that the report has been made.
21
Under no circumstances shall any person in charge of such
22
institution, facility, or agency, or his or her designated
23
agent to whom the notification has been made, exercise any
24
control, restraint, modification, or other change in the
25
report or the forwarding of the report to an agency designated
26
to receive such reports under this Act or to the Department.

HB5505
- 5 -
LRB104 18023 KTG 31462 b
1
The privileged quality of communication between any
2
professional person required to report and his or her patient
3
or client shall not apply to situations involving abused,
4
abandoned, neglected, or financially exploited eligible adults
5
and shall not constitute grounds for failure to report as
6
required by this Act.
7

(a-6) If a mandated reporter has reason to believe that
8
the death of an eligible adult may be the result of abuse or
9
neglect, the matter shall be reported to an agency designated
10
to receive such reports under this Act or to the Department for
11
subsequent referral to the appropriate law enforcement agency
12
and the coroner or medical examiner in accordance with
13
subsection (c-5) of Section 3 of this Act.
14

(a-7) A person making a report under this Act in the belief
15
that it is in the alleged victim's best interest shall be
16
immune from criminal or civil liability or professional
17
disciplinary action on account of making the report,
18
notwithstanding any requirements concerning the
19
confidentiality of information with respect to such eligible
20
adult which might otherwise be applicable.
21

(a-9) Law enforcement officers shall continue to report
22
incidents of alleged abuse pursuant to the Illinois Domestic
23
Violence Act of 1986, notwithstanding any requirements under
24
this Act.
25

(a-10) Any covered aide authorized to act as an agent
26
under subsection (d) of Section 4.02i of the Illinois Act on

HB5505
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LRB104 18023 KTG 31462 b
1
the Aging carries an enhanced duty to report. If a family
2
caregiver serving as an agent fails to report a known instance
3
of financial exploitation by a third party, that failure shall
4
be grounds for immediate revocation of the dual role and
5
potential referral to the specialized elder abuse units of
6
local law enforcement. In this subsection, "covered aide",
7
"dual role", and "family caregiver" have the meanings given in
8
Section 4.02i of the Illinois Act on the Aging.

9

(b) Any person, institution or agency participating in the
10
making of a report, providing information or records related
11
to a report, assessment, or services, or participating in the
12
investigation of a report under this Act in good faith, or
13
taking photographs or x-rays as a result of an authorized
14
assessment, shall have immunity from any civil, criminal or
15
other liability in any civil, criminal or other proceeding
16
brought in consequence of making such report or assessment or
17
on account of submitting or otherwise disclosing such
18
photographs or x-rays to any agency designated to receive
19
reports of alleged or suspected abuse, abandonment, or
20
neglect. Any person, institution or agency authorized by the
21
Department to provide assessment, intervention, or
22
administrative services under this Act shall, in the good
23
faith performance of those services, have immunity from any
24
civil, criminal or other liability in any civil, criminal, or
25
other proceeding brought as a consequence of the performance
26
of those services. For the purposes of any civil, criminal, or

HB5505
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LRB104 18023 KTG 31462 b
1
other proceeding, the good faith of any person required to
2
report, permitted to report, or participating in an
3
investigation of a report of alleged or suspected abuse,
4
abandonment, neglect, financial exploitation, or self-neglect
5
shall be presumed.
6

(c) The identity of a person making a report of alleged or
7
suspected abuse, abandonment, neglect, financial exploitation,
8
or self-neglect or a report concerning information about the
9
suspicious death of an eligible adult under this Act may be
10
disclosed by the Department or other agency provided for in
11
this Act only with such person's written consent or by court
12
order, but is otherwise confidential.
13

(d) The Department shall by rule establish a system for
14
filing and compiling reports made under this Act.
15

(e) Any physician who willfully fails to report as
16
required by this Act shall be referred to the Illinois State
17
Medical Disciplinary Board for action in accordance with
18
subdivision (A)(22) of Section 22 of the Medical Practice Act
19
of 1987. Any dentist or dental hygienist who willfully fails
20
to report as required by this Act shall be referred to the
21
Department of Financial and Professional Regulation for
22
possible disciplinary action. Any optometrist who willfully
23
fails to report as required by this Act shall be referred to
24
the Department of Financial and Professional Regulation for
25
action in accordance with paragraph (15) of subsection (a) of
26
Section 24 of the Illinois Optometric Practice Act of 1987.

HB5505
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LRB104 18023 KTG 31462 b
1
Any other mandated reporter required by this Act to report
2
suspected abuse, abandonment, neglect, or financial
3
exploitation who willfully fails to report the same is guilty
4
of a Class A misdemeanor.
5
(Source: P.A. 102-244, eff. 1-1-22; 103-329, eff. 1-1-24;
6
103-626, eff. 1-1-25
.)

7

Section 15.
The Illinois Power of Attorney Act is amended
8
by changing Section 4-5 as follows:

9

(755 ILCS 45/4-5)

(from Ch. 110 1/2, par. 804-5)
10

Sec. 4-5.
Limitations on health care agencies.
Neither the
11
attending physician nor any other health care provider or
12
health care professional may act as agent under a health care
13
agency;
except that (i)

however,
a person who is not
14
administering health care to the patient may act as health
15
care agent for the patient even though the person is a
16
physician or otherwise licensed, certified, authorized, or
17
permitted by law to administer health care in the ordinary
18
course of business or the practice of a profession
and (ii) a
19
covered aide may serve as health care agent for a program
20
participant in the Community Care Program if the requirements
21
of subsection (d) of Section 4.02i of the Illinois Act on the
22
Aging are met by the covered aide
.
23
(Source: P.A. 98-1113, eff. 1-1-15
.)

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