SB1049 98TH GENERAL ASSEMBLY

LRB098 07180 HEP 37241 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB1049

Introduced 1/24/2013, by Sen. John J. Cullerton

SYNOPSIS AS INTRODUCED:

755 ILCS 5/11a-6

from Ch. 110 1/2, par. 11a-6

Amends the Probate Act of 1975. Makes a technical change in provisions concerning the designation of a guardian.

A BILL FOR

AN ACT concerning civil law.

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

Section 5. The Probate Act of 1975 is amended by changing Section 11a-6 as follows:

(755 ILCS 5/11a-6) (from Ch. 110 1/2, par. 11a-6)

Sec. 11a-6. Designation of Guardian.) A person, while of sound mind and and memory, may designate in writing a person, corporation or public agency qualified to act under Section 11a-5, to be appointed as guardian or as successor guardian of his person or of his estate or both, in the event he is adjudged to be a disabled person. The designation may be proved by any competent evidence, but if it is executed and attested in the same manner as a will, it shall have prima facie validity. If the court finds that the appointment of the one designated will serve the best interests and welfare of the ward, it shall make the appointment in accordance with the designation. The selection of the guardian shall be in the discretion of the court whether or not a designation is made.

(Source: P.A. 81-795.)