(755 ILCS 9/5) (Text of Section before amendment by P.A. 104-663)
Sec. 5. Purpose; interpretation. The purpose of this Act is to recognize a less-restrictive alternative to guardianship for adults with intellectual and developmental disabilities who need assistance with decisions regarding daily living. This Act shall be administered and interpreted in accordance with the following principles: (1) All adults should be able to live in the manner they choose and to accept or refuse support, assistance, or protection as long as they do not harm others and are capable of making decisions about those matters. (2) All adults should be able to be informed about and, to the best of their ability, participate in decisions regarding daily living. (3) All adults should receive the most effective yet least restrictive and intrusive forms of support, assistance, and protection when they are unable to care for themselves or manage their affairs alone. (4) The values, beliefs, wishes, cultural norms, and traditions that the principal holds should be respected. (Source: P.A. 102-614, eff. 2-27-22.) (Text of Section after amendment by P.A. 104-663) Sec. 5. Purpose; interpretation. The purpose of this Act is to protect vulnerable adults from exploitation by recognizing adults who need support making decisions regarding daily living and who, with proper support, retain the capacity to make those decisions. Supported decision-making is intended to provide individuals a way to maintain autonomy and decision-making authority over their own lives by developing and maintaining voluntary supports to assist them in understanding, making, communicating, and implementing their own informed choices. This Act shall be administered and interpreted in accordance with the following principles: (1) All adults, including adults with disabilities and older adults, are presumed competent and to have the capacity to make decisions regarding their day-to-day health, safety, welfare, and social and financial affairs, to live in the manner they choose and to accept or refuse support, assistance, or protection unless otherwise determined through legal proceedings. (2) All adults should be able to be informed about and, to the best of their ability and with the supports they choose, participate in decisions regarding daily living and managing their affairs. (3) Adults use a wide range of voluntary supports to help them understand, make, and communicate their own decisions. These voluntary arrangements should be encouraged and recognized as a valid way for people to strengthen their capacity and maintain their autonomy. (4) All adults should receive the most effective yet least restrictive and intrusive forms of support, assistance, and protection when they are unable to care for themselves or manage their affairs alone. (5) The values, beliefs, wishes, cultural norms, and traditions that the principal holds should be respected. (6) To safeguard vulnerable persons from exploitation, a supported decision-making agreement: (A) must include the specific areas for which the supporter requests support; (B) should be reviewed every 2 years; (C) must include information about how to report abuse, neglect, or exploitation of an adult with disabilities; (D) must allow an interested person to seek suspension or revocation of a supported decision-making agreement; (E) must require a supporter to attest that the supporter must complete training and is eligible to serve as a supporter; (F) is automatically terminated if a supporter becomes disqualified; (G) must contain the names and signatures of 2 witnesses; and (H) must include a statement that the supporter is not authorized to make a decision for the principal. (7) Under a supported decision-making agreement: (A) the principal makes the decisions and retains all personal rights and autonomy; (B) the principal chooses trusted individuals to support them; and (C) supporters advise the principal, provide information, and help them understand the implications of different choices, but they do not make the decision. (Source: P.A. 104-663, eff. 1-1-27.)