93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB5183


 
Introduced 02/05/04, by Donald L. Moffitt
 
SYNOPSIS AS INTRODUCED:
 		













755 ILCS 5/11a-3.5 new










    Amends the "guardians for disabled adults" Article of the Probate
Act.
Provides for entry of a temporary restraining order or preliminary injunction
in order to prevent an alleged disabled person's dissipation of his or her
assets.  Such an order or injunction may remain in effect only until the first
hearing on the petition for adjudication of disability and for the appointment
of a guardian.
















LRB093 14726 LCB 40271 b

















 


 


A BILL FOR









 











HB5183

LRB093 14726 LCB 40271 b






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    AN ACT concerning probate.

 
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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 adding 
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Section
11a-3.5 as follows:


 
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    (755 ILCS 5/11a-3.5 new)

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    Sec. 11a-3.5. Temporary order.   This Section applies only 
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in the case of a
person alleged to be disabled
because of 
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gambling as provided in item (c) of Section 11a-2.
  A person who 
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files a petition for
adjudication of disability and for the 
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appointment of a guardian of the estate
or person or both of an 
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alleged disabled person may also file a motion for
entry of a 
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temporary restraining order or preliminary injunction in order 
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to
prevent the alleged disabled person's dissipation of his or 
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her assets.
The
motion shall be supported by affidavit.  After a 
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hearing on the motion the
court may enter a temporary 
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restraining order or preliminary injunction
directing any 
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appropriate person or entity to take appropriate action in 
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order
to prevent the dissipation of the alleged disabled 
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person's assets.  The
temporary restraining order or 
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preliminary injunction may remain in effect
only until the 
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first hearing on the petition for adjudication of disability 
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and
for
the appointment of a guardian.