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| Public Act 097-0614 | ||||
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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
disabled | ||||
person or his or her estate
on such notice and subject to such | ||||
conditions as the court may prescribe.
In determining the | ||||
necessity for temporary guardianship, the immediate
welfare | ||||
and protection of the alleged disabled person 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 disabled
person.
The | ||||
temporary guardian shall have all of the 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. | ||
(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:
Except pending the disposition on appeal of an | ||
adjudication of disability, no
extension shall be granted.
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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 disabled person to extend the temporary | ||
guardianship so as to protect the alleged disabled person | ||
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 However, 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. 89-396, eff. 8-20-95; 90-250, eff. 7-29-97.)
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