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| Public Act 098-0120 | ||||
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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-5 as follows:
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(755 ILCS 5/11a-5) (from Ch. 110 1/2, par. 11a-5)
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Sec. 11a-5. Who may act as guardian.
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(a) A person is qualified to act as guardian of the person | ||||
and as guardian of the
estate of a disabled person if the court | ||||
finds that the proposed guardian is capable of providing an | ||||
active and suitable program of guardianship for the disabled | ||||
person and that the proposed guardian: | ||||
(1) has attained the age of 18 years; | ||||
(2) is a resident of the United States; | ||||
(3) is not of unsound mind; | ||||
(4) is not an adjudged disabled person as defined in | ||||
this Act; and | ||||
(5) has not been convicted of a felony, unless the | ||||
court finds appointment of the person convicted of a felony | ||||
to be in the disabled person's best interests, and as part | ||||
of the best interest determination, the court has | ||||
considered the nature of the offense, the date of offense, | ||||
and the evidence of the proposed guardian's | ||||
rehabilitation. No person shall be appointed who has been | ||
convicted of a felony involving harm or threat to a minor | ||
or an elderly or disabled person, including a felony sexual | ||
offense.
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(b) Any public agency, or not-for-profit corporation found | ||
capable by
the court of providing an active and suitable | ||
program of guardianship for
the disabled person, taking into | ||
consideration the nature of such person's
disability and the | ||
nature of such organization's services, may be appointed
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guardian of the person or of the estate, or both, of the | ||
disabled person.
The court shall not appoint as guardian an | ||
agency which is directly
providing residential services to the | ||
ward. One person or agency may be
appointed guardian of the | ||
person and another person or agency appointed
guardian of the | ||
estate.
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(c) Any corporation qualified to accept and execute trusts | ||
in this State
may be appointed guardian of the estate of a | ||
disabled person.
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(Source: P.A. 94-579, eff. 8-12-05.)
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