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Public Act 102-0120 |
HB0263 Enrolled | LRB102 04305 LNS 14323 b |
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Probate Act of 1975 is amended by changing |
Section 11a-4 as follows:
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(755 ILCS 5/11a-4) (from Ch. 110 1/2, par. 11a-4)
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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
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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
on such notice 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 |
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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
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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, 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 |
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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:
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(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 interest |
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, |
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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.
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(Source: P.A. 99-70, eff. 1-1-16; 99-143, eff. 7-27-15; |
99-642, eff. 7-28-16.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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