HB3811 - 104th General Assembly (2025-2026)

PRIVATE PROFESSIONAL GUARDIANS
Last Action
3/19/2026 - House: Placed on Calendar 2nd Reading - Short Debate
Statutes Amended In Order of Appearance
210 ILCS 45/2-202  from Ch. 111 1/2, par. 4152-202
210 ILCS 85/6.09  from Ch. 111 1/2, par. 147.09
755 ILCS 5/11a-5  from Ch. 110 1/2, par. 11a-5
755 ILCS 5/11a-15  from Ch. 110 1/2, par. 11a-15
755 ILCS 5/23-2  from Ch. 110 1/2, par. 23-2
Synopsis As Introduced
Amends the Hospital Licensing Act. Provides that, if a physician determines that an adult patient is so disabled as to be unable to consent to discharge or placement in a facility or a physician reasonably believes an adult patient is a person with a disability in need of a guardian in accordance with the Probate Act of 1975 and there is no family, surrogate decision maker, agent under a power of attorney, trustee, or other close friend who is ready willing and able to assist that adult patient, then the hospital shall notify the Office of State Guardian and the public guardian of the county where the patient resides. Amends the Nursing Home Care Act. Requires a facility to notify the Office of State Guardian and the public guardian in the county where the patient resides before executing a contract in specified circumstances where the patient has diminished capacity. Amends the Probate Act of 1975. Includes private professional guardians as individuals who may act as guardians. Establishes standards for private professional guardians before appointment. Requires a private professional guardian who serves as guardian for 15 or more persons with disabilities to be certified as a National Master Guardian by the Center for Guardianship Certification and imposes other requirements, including background checks. Sets forth provisions concerning private professional guardians as successor guardians and the removal of private professional guardians who fail to comply with the specified requirements.

House Committee Amendment No. 1
Adds reference to:
755 ILCS 5/11a-26 new  
Replaces everything after the enacting clause. Amends the Guardians for Adults with Disabilities Article of the Probate Code of 1975. Authorizes the appointment of a private professional guardian to serve as a temporary, limited, or plenary guardian for a person with a disability. Defines "private professional guardian" as (1) a person or entity who receives compensation for services as a guardian to 5 or more persons with disabilities who are not related to the guardian by blood or marriage; or (2) a not-for-profit corporation qualified to act as guardian. Provides that "private professional guardian" does not include a government agency, the Office of State Guardian, a public guardian, corporations qualified to accept and execute trusts in this State, or a financial institution. Requires a petitioner who nominates a private professional guardian to be appointed as a guardian to attach an affidavit to the petition for guardianship detailing the petitioner's efforts at locating and contacting the respondent's nearest relatives, agent under power of attorney, or other fiduciaries regarding the need for the appointment of a guardian unless a family member of the respondent nominates the private professional guardian. Requires the private professional guardian to personally meet and assess the respondent, certify best interest findings, and identify the least restrictive alternative and community-based living options. Prohibits certain conflicts of interest by the private professional guardian. Requires that the private professional guardian be certified by the Center for Guardianship Certification. Provides that if a private professional guardian estimates that the estate of the person with a disability can afford the services of the private professional guardian for 36 months or less before the estate is depleted, and the person with a disability is living at home, then the private professional guardian shall forgo or delay the collection of court-awarded fees until the person with a disability is clinically unable to remain at home or until it is not financially feasible, for reasons other than the collection of court-awarded fees, for the person with a disability to remain at home. Provides that the private professional guardian may petition the court to reduce or waive the 36-month no fee collection period by showing that it is in the best interests of the person with a disability for the private professional guardian to collect the full or partial amount of court-awarded fees. Makes other changes.
Actions
DateChamberAction
2/07/2025HouseFiled with the Clerk by Rep. Terra Costa Howard
2/18/2025HouseFirst Reading
2/18/2025HouseReferred to Rules Committee
3/11/2025HouseAssigned to Human Services Committee
3/21/2025HouseRule 19(a) / Re-referred to Rules Committee
1/29/2026HouseChief Sponsor Changed to Rep. Martha Deuter
2/17/2026HouseAssigned to Judiciary - Civil Committee
3/17/2026HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Martha Deuter
3/17/2026HouseHouse Committee Amendment No. 1 Referred to Rules Committee
3/18/2026HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary - Civil Committee
3/19/2026HouseHouse Committee Amendment No. 1 Adopted in Judiciary - Civil Committee; by Voice Vote
3/19/2026HouseDo Pass as Amended / Short Debate Judiciary - Civil Committee; 013-007-000
3/19/2026HouseAdded Chief Co-Sponsor Rep. Mary Beth Canty
3/19/2026HouseAdded Chief Co-Sponsor Rep. Jennifer Gong-Gershowitz
3/19/2026HousePlaced on Calendar 2nd Reading - Short Debate
3/19/2026HouseAdded Co-Sponsor Rep. Nicolle Grasse
3/24/2026HouseAdded Chief Co-Sponsor Rep. Nicholas K. Smith
3/24/2026HouseAdded Co-Sponsor Rep. Tracy Katz Muhl