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755 ILCS 5/11a-4
(755 ILCS 5/11a-4)
Sec. 11a-4. Temporary guardian. (a) Prior to the appointment of a guardian
under this Article, pending an appeal in relation to the
appointment, or
pending the
completion of a citation proceeding brought pursuant to Section 23-3 of this
Act,
or upon a guardian's death, incapacity, or resignation, the court may appoint a temporary guardian upon a showing of the necessity
therefor for the immediate welfare and protection of the alleged
person with a disability or his or her estate
and subject to such conditions as the court may prescribe. A petition for the appointment of a temporary guardian for an alleged person with a disability shall be filed at the time of or subsequent to the filing of a petition for adjudication of disability and appointment of a guardian. The petition for the appointment of a temporary guardian shall state the facts upon which it is based and the name, the post office address, and, in the case of an individual, the age and occupation of the proposed temporary guardian.
In determining the necessity for temporary guardianship, the immediate
welfare and protection of the alleged person with a disability and his or her estate
shall be
of paramount concern, and the interests of the petitioner, any care provider,
or any other party shall not outweigh the interests of the alleged person with a disability.
The temporary guardian shall have the limited powers and duties of a guardian
of the person or of the estate which are specifically enumerated by court
order. The court order shall state the actual harm identified by the court
that necessitates temporary guardianship or any extension thereof. (a-5) Notice of the time and place of the hearing on a petition for the appointment of a temporary guardian shall be given, not less than 3 days before the hearing, by mail or in person to the alleged person with a disability, to the proposed temporary guardian, and to those persons whose names and addresses are listed in the petition for adjudication of disability and appointment of a guardian under Section 11a-8. The court, upon a finding of good cause, may waive the notice requirement under this subsection. (a-10) Notice of the time and place of the hearing on a petition to revoke the appointment of a temporary guardian shall be given, not less than 3 days before the hearing, by mail or in person to the temporary guardian, to the petitioner on whose petition the temporary guardian was appointed, and to those persons whose names and addresses are listed in the petition for adjudication of disability and appointment of a guardian under Section 11a-8. The court, upon a finding of good cause, may waive the notice requirements under this subsection. (b) The temporary guardianship shall
expire within 60 days after the
appointment or whenever a guardian is regularly appointed, whichever occurs
first. No extension shall be granted except:
(1) In a case where there has been an adjudication of | | disability, an extension shall be granted:
|
| (i) pending the disposition on appeal of an
| | adjudication of disability;
|
| (ii) pending the completion of a citation
| | proceeding brought pursuant to Section 23-3;
|
| (iii) pending the appointment of a successor
| | guardian in a case where the former guardian has resigned, has become incapacitated, or is deceased; or
|
| (iv) where the guardian's powers have been
| | suspended pursuant to a court order.
|
| (2) In a case where there has not been an
| | adjudication of disability, an extension shall be granted pending the disposition of a petition brought pursuant to Section 11a-8 so long as the court finds it is in the best interests of the alleged person with a disability to extend the temporary guardianship so as to protect the alleged person with a disability from any potential abuse, neglect, self-neglect, exploitation, or other harm and such extension lasts no more than 120 days from the date the temporary guardian was originally appointed.
|
| The ward shall have the right any time after the appointment
of a temporary guardian is made to petition the court to revoke the appointment
of the temporary guardian.
(Source: P.A. 102-72, eff. 1-1-22; 102-120, eff 7-23-21; 102-687, eff. 12-17-21.)
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