755 ILCS 9/70: Term of agreement; revocation.

(Text of Section before amendment by P.A. 104-663)

(a) A supported decision-making agreement extends until terminated by either party or by the terms of the agreement.

(b) A supported decision-making agreement is terminated if:

(1) the Office of Inspector General or Adult Protective Services substantiated an allegation of abuse or neglect by the supporter; or

(2) there is a restraining order against the supporter by the principal.

(c) A principal may revoke his or her supported decision-making agreement and invalidate the supported decision-making agreement at any time by:

(1) canceling or destroying the supported decision-making agreement or directing another in the presence of the principal to destroy the decision-making agreement;

(2) executing a statement, in writing, that is signed and dated by the principal, expressing his or her intent to revoke the supported decision-making agreement; or

(3) verbally expressing the intent of the principal to revoke the supported decision-making agreement in the presence of 2 witnesses.

(d) Unless the supported decision-making agreement provides a different method for the resignation of the support, a supporter may resign by giving notice to the principal.

(e) The last signed agreement holds.

(Text of Section after amendment by P.A. 104-663)

Term of agreement; revocation.

(a) A supported decision-making agreement extends until terminated.

(b) A supported decision-making agreement is terminated if:

(1) the Office of Inspector General or Adult Protective Services substantiated an allegation of abuse or neglect by the supporter;

(2) there is a restraining order against the supporter by or on behalf of the principal;

(3) all supporters become disqualified from acting as a supporter under Section 20 of this Act;

(4) the principal revokes the agreement;

(5) the supporter resigns; or

(6) the agreement includes a termination date.

(b-5) A supported decision-making agreement is suspended while:

(1) the conditions of Section 15 of the Health Care Surrogate Act are met;

(2) a medical or psychological evaluation has concluded the principal lacks decisional capacity but a subsequent evaluation has not yet found the principal's decisional capacity restored; or

(3) the agency established in a durable power of attorney has begun but not yet terminated.

(c) A principal may revoke his or her supported decision-making agreement and invalidate the supported decision-making agreement at any time by:

(1) canceling or destroying the supported decision-making agreement or directing another in the presence of the principal to destroy the decision-making agreement;

(2) executing a statement, in writing, that is signed and dated by the principal, expressing his or her intent to revoke the supported decision-making agreement; or

(3) verbally expressing the intent of the principal to revoke the supported decision-making agreement in the presence of 2 witnesses.

(d) Unless the supported decision-making agreement provides a different method for the resignation of the supporter, a supporter may resign by giving written notice to the principal.

(d-5) A supporter must give written notice to the principal if the supporter becomes disqualified from acting as a supporter under Section 20 of this Act.

(e) The last signed agreement holds.

(f) Upon the filing of a petition by an interested person, a court may suspend or terminate a supported decision-making agreement if necessary to ensure the well-being and safety of the principal. Proceedings under this subsection may be commenced in the county where the principal resides.