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90_SB1884
755 ILCS 5/11a-3.5 new
Amends the "guardians for disabled adults" Article of the
Probate Act. Provides for entry of a temporary restraining
order or preliminary injunction in order to prevent an
alleged disabled person's dissipation of his or her assets.
Such an order or injunction may remain in effect only until
the first hearing on the petition for adjudication of
disability and for the appointment of a guardian.
LRB9011682DJcd
LRB9011682DJcd
1 AN ACT to amend the Probate Act of 1975 by adding Section
2 11a-3.5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Probate Act of 1975 is amended by adding
6 Section 11a-3.5 as follows:
7 (755 ILCS 5/11a-3.5 new)
8 Sec. 11a-3.5. Temporary order. A person who files a
9 petition for adjudication of disability and for the
10 appointment of a guardian of the estate or person or both of
11 an alleged disabled person may also file a motion for entry
12 of a temporary restraining order or preliminary injunction in
13 order to prevent the alleged disabled person's dissipation of
14 his or her assets. The motion shall be supported by
15 affidavit. After a hearing on the motion the court may enter
16 a temporary restraining order or preliminary injunction
17 directing any appropriate person or entity to take
18 appropriate action in order to prevent the dissipation of the
19 alleged disabled person's assets. The temporary restraining
20 order or preliminary injunction may remain in effect only
21 until the first hearing on the petition for adjudication of
22 disability and for the appointment of a guardian.