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Sen. Jil Tracy
Filed: 3/30/2021
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| 1 | | AMENDMENT TO SENATE BILL 80
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| 2 | | AMENDMENT NO. ______. Amend Senate Bill 80 on page 15, |
| 3 | | line 20, after "guardian", by inserting "or limited guardian"; |
| 4 | | and
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| 5 | | on page 17, by replacing lines 7 through 9 with the following:
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| 6 | | "the court. A petitioner who seeks to revoke or construe a |
| 7 | | power of attorney for the alleged person with a disability, or |
| 8 | | review the agent's conduct, shall do so in conformity with the |
| 9 | | Illinois Power of Attorney Act, and as set forth in subsection |
| 10 | | (c) of Section 11a-17 and subsection (e) of Section 11a-18 of |
| 11 | | this Act."; and
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| 12 | | on page 21, directly below line 24, by inserting the |
| 13 | | following:
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| 14 | | "(8) You have the right to ask a judge to find that |
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| 1 | | although you lack some capacity to make your own |
| 2 | | decisions, you can make other decisions, and therefore it |
| 3 | | is best for the court to appoint only a limited guardian |
| 4 | | for you."; and
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| 5 | | on page 22, line 18, by replacing "[END OF FORM]" with "[END OF |
| 6 | | FORM]."; and
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| 7 | | on page 24, directly below line 26, by inserting the |
| 8 | | following:
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| 9 | | "One person or agency may be appointed a limited or |
| 10 | | plenary guardian of the person and another person or corporate |
| 11 | | trustee appointed as a limited or plenary guardian of the |
| 12 | | estate. If different persons are appointed, the court shall |
| 13 | | consider the factors set forth in subsection (b-5) of Section |
| 14 | | 11a-5. The court shall enter a written order stating the |
| 15 | | factual basis for its findings."; and
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| 16 | | on page 26, by replacing lines 15 through 18 with the |
| 17 | | following:
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| 18 | | "Upon the death of the ward, fees and costs awarded under |
| 19 | | this Section shall be considered as a first-class claim for |
| 20 | | administrative expenses as set forth in Section 18-10 and may |
| 21 | | be paid from the guardianship estate or from the decedent's |
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| 1 | | estate."; and
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| 2 | | on page 54, by replacing lines 4 and 5 with the following:
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| 3 | | "administration, and statutory custodial claims, and final |
| 4 | | fees and costs as determined by the court relating to |
| 5 | | guardianship, including fees awarded under Section 11a-13.5, |
| 6 | | 13-3, 13-3.1, 27-1, 27-2, or 27-4. For the".
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