Public Act 100-0483
 
HB2665 EnrolledLRB100 10372 HEP 20564 b


  
    AN ACT concerning civil law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  





 
    Section 5. The Guardianship and Advocacy Act is amended  by 
adding Section 33.5 as follows:
 
    (20 ILCS 3955/33.5 new)
    Sec. 33.5. Guardianship training program. The State 
Guardian shall provide a training program that outlines the 
duties and responsibilities of guardians appointed under 
Article XIa of the Probate Act of 1975. The training program 
shall be offered to courts at no
cost, and shall outline the 
responsibilities of a guardian and the rights of a person with 
a disability in a guardianship proceeding
under Article XIa of 
the Probate Act of 1975. In developing the training program 
content, the State Guardian shall
consult with the courts, 
State and national guardianship organizations, public 
guardians, advocacy organizations, and persons and family 
members with direct experience with adult guardianship. In the 
preparation and dissemination of training materials, the State 
Guardian shall give due consideration to making the training 
materials accessible to persons with disabilities.
 
    Section 10. The Probate Act of 1975 is amended  by changing 
Sections 11a-12, 11a-21, 13-1, and 13-1.2 as follows:
 


    (755 ILCS 5/11a-12)  (from Ch. 110 1/2, par. 11a-12)




    Sec. 11a-12. Order of appointment.)
    (a) If basis for the
appointment of a guardian as specified 
in Section 11a-3 is not found,
the court shall dismiss the 
petition.

    (b) If the respondent is adjudged to be a person with a 
disability and to lack some but not all of the capacity as 
specified in Section 11a-3, and if the court finds that
 
guardianship is necessary for the protection of the person with 
a disability, his or her estate, or both, the court shall 
appoint a
limited guardian for the respondent's person or 
estate or both.  The
court shall enter a written order stating

the factual basis for its findings and specifying the duties 
and powers of the guardian and the legal disabilities to which 
the respondent is subject.

    (c) If the respondent is adjudged to be a person with a 
disability and to be totally without capacity as specified in 
Section 11a-3, and if the court finds
that limited guardianship 
will not provide sufficient protection for the person with a 
disability, his
or her estate, or both, the court shall
appoint 
a plenary guardian for the respondent's person or estate or 
both.
The court shall enter a written order stating the factual 
basis
for its findings.

    (d) The selection of the guardian shall be in the 
discretion
of the court, which shall give due consideration to 
the preference of the
person with a disability as to a 
guardian, as well as the qualifications of the
proposed 
guardian, in making its appointment. However, the paramount 
concern in the selection of the guardian is the best interest 
and well-being of the person with a disability.

    (e)  The order of appointment of a guardian of the person in 
any county with a population of less than 3 million shall 
include the requirement that the guardian of the person 
complete the training program as provided in Section 33.5 of 
the Guardianship and Advocacy Act that outlines the 
responsibilities of the guardian of the person and the rights 
of the person under guardianship and file with the court a 
certificate of completion one year from the date of issuance of 
the letters of guardianship, except that: (1) the chief judge 
of any circuit may order implementation of another training 
program by a suitable provider containing substantially 
similar content; (2) employees of the Office of the State 
Guardian, public guardians, attorneys currently authorized to 
practice law, corporate fiduciaries, and persons certified by 
the Center for Guardianship Certification are exempt from this 
training requirement; and (3) the court may, for good cause 
shown, exempt from this requirement an individual not otherwise 
listed in item (2). For the purposes of this subsection (e), 
good cause may be proven by affidavit. If the court finds good 
cause to exempt an individual from the training requirement, 
the order of appointment shall so state. 
(Source: P.A. 98-1094, eff. 1-1-15; 99-143, eff. 7-27-15.)

 



    (755 ILCS 5/11a-21)  (from Ch. 110 1/2, par. 11a-21)



    Sec. 11a-21. Hearing. (a) The court shall conduct a hearing 
on a petition
filed under Section 11a-20.  The ward is entitled 
to be represented by counsel,
to demand a jury of 6 persons, to 
present evidence and to confront and cross-examine
all 
witnesses.  The court (1) may appoint counsel for the ward, if 
the court
finds that the interests of the ward will be best 
served by the appointment
and (2) shall appoint counsel upon 
the ward's request or if the respondent
takes a position 
adverse to that of the guardian ad litem. The court may
allow 
the guardian ad litem and counsel for the ward reasonable 
compensation.

    (b) If the ward is unable to pay the fee of the guardian ad 
litem or appointed
counsel, or both, the court shall enter an 
order upon the State to pay,
from funds appropriated by the 
General Assembly for that purpose, all such
fees or such 
amounts as the ward is unable to pay.

    (c) Upon conclusion of the hearing, the court shall enter 
an order setting
forth the factual basis for its findings and 
may: (1) dismiss the petition;
(2) terminate the adjudication 
of disability; (3) revoke the letters of
guardianship of the 
estate or person, or both; (4) modify the duties of
the 
guardian; and (5) require the guardian to complete a training 
program as provided in subsection (e) of Section 11a-12 of this 
Act; and (6) make any other order which the court deems 
appropriate
and in the interests of the ward.

(Source: P.A. 81-1509.)

 



    (755 ILCS 5/13-1)  (from Ch. 110 1/2, par. 13-1)



    Sec. 13-1. Appointment and term of public administrator and 
public guardian.)
Except as provided in Section 13-1.1, before 
the first Monday  of December,
1977 and every 4 years 
thereafter, and as often as vacancies occur, the
Governor, by 
and with the advice and consent of the Senate, shall
appoint in 
each county a suitable person to serve as public
administrator 
and a suitable person to serve as public guardian of the 
county.
The Governor may designate, without the advice and 
consent of the Senate, the Office of State Guardian as an 
interim public guardian to fill a vacancy in one or more 
counties having a population of 500,000 or less if the 
designation:
        (1) is specifically designated as an interim 
    appointment for a term of the lesser of one year or until 
    the Governor appoints, with the advice and consent of the 
    Senate, a county public guardian to fill the vacancy;
        (2) requires the Office of State Guardian to affirm its 
    availability to act in the county; and
        (3) expires in a pending case of a person with a 
    disability in the county at such a time as the court 
    appoints a qualified successor guardian of the estate and 
    person for the person with a disability. 
    When appointed as an interim public guardian, the State 
Guardian will perform the powers and duties assigned under the 
Guardianship and Advocacy Act.
    The Governor may appoint the same person to serve as public 
guardian and public administrator in one or more counties. In 
considering the number of counties of service for any 
prospective public guardian or public administrator the 
Governor may consider the population of the county and the 
ability of the prospective public guardian or public 
administrator to travel to multiple counties and manage estates 
in multiple counties. Each person so appointed holds his office 
for
4 years from the first Monday of December, 1977 and every 4 
years
thereafter or until his successor is appointed and 
qualified.

(Source: P.A. 96-752, eff. 1-1-10.)

 
    (755 ILCS 5/13-1.2)
    Sec. 13-1.2. Certification requirement. Each person 
appointed  as a  public guardian by the Governor shall be 
certified as a National Certified Guardian by the Center for 
Guardianship Certification within 6 months after his or her  
appointment. The Guardianship and Advocacy Commission shall 
provide public guardians with information about certification 
requirements and procedures for testing and certification 
offered by professional training opportunities and facilitate 
testing and certification opportunities at locations in 
Springfield and Chicago with the Center for Guardianship 
Certification. The cost of certification shall be considered an 
expense connected with the operation of the public guardian's 
office within the meaning of subsection (b) of Section 13-3.1 
of this Article.

(Source: P.A. 96-752, eff. 1-1-10.)
 

    Section 99. Effective date. This Act takes effect one year 
after becoming law.