8-2701.Admissibility of evidence; out of court statements; elder abuse.
Article VIII. Evidence · Part 27. Elder Adults · Last amended 2013 · Last verified July 20, 2026
In one sentenceCreates a parallel hearsay exception for out-of-court statements by an incapacitated or infirm "eligible adult" describing elder abuse, neglect, or financial exploitation, admissible under the same reliability-hearing structure as the child hearsay exception.
Full Text of 735 ILCS 5/8-2701
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(a)An out of court statement made by an eligible adult, as
defined in the Adult Protective Services Act, who has been diagnosed by a physician to suffer from (i) any form of dementia, developmental disability, or other form of mental incapacity or (ii) any physical infirmity which prevents the eligible adult's appearance in court, describing any act of elder abuse, neglect, or financial exploitation, or testimony by an eligible adult of an out of court statement made by the eligible adult that he or she complained of such acts to another, is admissible in any civil proceeding, if:
(1)the court conducts a hearing outside the presence of the jury and finds that the time, content, and circumstances of the statement provide sufficient safeguards of reliability; and
(2)the eligible adult either: (A) testifies at the proceeding; or (B) is unavailable as a witness and there is
corroborative evidence of the act which is the subject of the statement. (b) If a statement is admitted pursuant to this Section, the court shall instruct the jury that it is for the jury to determine the weight and credibility to be given to the statement and that, in making its determination, it shall consider the condition of the eligible adult, the nature of the statement, the circumstances under which the statement was made, and any other relevant factors. (c) The proponent of the statement shall give the adverse party reasonable notice of an intention to offer the statement and the particulars of the statement.
Plain-English Summary
This section covers an "eligible adult," as defined in the Adult Protective Services Act, who has been diagnosed by a physician with dementia, a developmental disability, another form of mental incapacity, or a physical infirmity that prevents the person's appearance in court. An out-of-court statement by that eligible adult describing elder abuse, neglect, or financial exploitation, or testimony that the eligible adult complained of such acts to another, is admissible in a civil proceeding under the same structure Section 8-2601 uses for children: a hearing outside the jury's presence finding sufficient reliability safeguards in the statement's time, content, and circumstances, and either the eligible adult testifying or being unavailable with corroborative evidence of the act.
As with the child hearsay exception, the jury is instructed to weigh the statement's credibility considering the eligible adult's condition, the statement's nature and circumstances, and other relevant factors, and the party offering the statement must give the adverse party reasonable notice of that intent and the statement's particulars.
Frequently Asked Questions
Who is an "eligible adult" for purposes of this section?
A person defined as an eligible adult under the Adult Protective Services Act who has been diagnosed by a physician with dementia, a developmental disability, another form of mental incapacity, or a physical infirmity preventing court appearance.
What kind of statement does this section admit?
An out-of-court statement by the eligible adult describing elder abuse, neglect, or financial exploitation, or testimony that the eligible adult complained of such acts to someone else.
What conditions must be met before the statement comes in?
A hearing outside the jury's presence finding sufficient reliability safeguards in the statement's time, content, and circumstances, plus either the eligible adult testifying or being unavailable with corroborative evidence of the act.
How does this section compare to the child hearsay exception?
It follows the same structure — reliability hearing, testify-or-corroborate requirement, jury instruction on weight and credibility, and advance notice to the adverse party — applied to eligible adults instead of children under 13.
Does the statement have to describe physical abuse only?
No — it can describe elder abuse, neglect, or financial exploitation.
Amendment History
(Source: P.A. 98-49, eff. 7-1-13.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
Also known as:illinois elder abuse hearsay exceptioneligible adult statement evidence illinoisfinancial exploitation evidence illinois civiladult protective services act evidence illinois