For Seniors

PROTECT THE LEGAL RIGHTS OF ILLINOIS SENIORS
SUPPORT HOUSE BILL 1826

Many people do not know that unmarried senior couples in Illinois can be denied basic rights to make emergency health care decisions for loved ones, to visit them in hospitals, to share a nursing home room or even to make funeral arrangements after a loved one passes away. This is wrong. Illinois has an opportunity to provide basic rights to all committed senior couples, as well as same-sex couples.

House Bill 1826 will help seniors in emergencies by extending state-level legal protections and responsibilities to committed unmarried couples.
 
Why do seniors need House Bill 1826?

Many widows/widowers lose their pensions – which they need to maintain quality of life - if they remarry. House Bill 1826 would give committed senior couples the benefits and legal recognition they deserve without forcing anyone to lose pension benefits. House Bill 1826 would also help Illinois residents in committed relationships receive workers’ compensation and the privilege of sharing a nursing home room.

Pam V. of New Berlin, IL is a widow whose late husband Scott worked for the Illinois School for the Deaf in Jacksonville, IL. Scott died as the result of a liver transplant leaving her with a college age son and pre-teen daughter to support. Pam currently receives Scott’s pension governed by federal law. Unfortunately, she would lose these pension benefits if she ever remarried. However, House Bill 1826 could allow her to maintain her pension and financial
security, as well as protect her children'’s financial future.

Peggy A. of Chicago, IL experienced firsthand the need for House Bill 1826. Her father, a widower, had a 15-year relationship with a widowed woman who was unable to remarry because she would lose her pension from her deceased husband. When she took him to the hospital in an emergency, she was not allowed to make any medical decisions for his care because their relationship had no legal status. She had to locate Peggy A. to give the hospital instructions, thus delaying his treatment.

Jimi A. of Chicago, IL had elderly neighbors who had lived together for many years to avoid loss of income from pension benefits of previous spouses. The man had a daughter from whom he was estranged for a long time. When he died, the daughter kicked the woman out of the home she had shared and gave her none of the possessions they had acquired during all the years of their relationship. Because the man had died without a will and they were not married, the woman he loved and shared his life with had no legal rights to his estate.

What protections and responsibilities are offered?

• Emergency medical decision making
• The right to make funeral arrangements and control disposition of remains
• The right to share a nursing home or hospital room and hospital visitation rights
• Domestic violence protections
• Clear procedures and laws for committed couples

These include the rights to dissolution of the civil union, maintenance, and disposition of property. Passage of House Bill 1826 would allow couples to bring civil actions dependent on spousal status, including wrongful death actions and emotional distress claims.

How would seniors apply and become eligible?

Applicants would have to obtain a civil union license and register with the state. All current procedures and rules applicable dissolution and property division would then apply to each partner.

Download the Senior Fact Sheet

How can I help?
Click here to send a free, instant letter to your legislators in support of House Bill 1826.