96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5456


 
Introduced 2/5/2010, by Rep. Daniel V. Beiser
 
SYNOPSIS AS INTRODUCED:
 		





 


  



755 ILCS 5/11a-4
  from Ch. 110 1/2, par. 11a-4








     Amends the Probate Act of 1975.  Provides that a temporary guardianship shall expire within 60 days after the appointment or whenever a guardian is regularly appointed, whichever occurs first, unless the court extends the length of the temporary guardianship for good cause shown, which the court order shall specify (instead of whichever occurs first).
  















LRB096 18831 AJO 34217 b

















 


 


A BILL FOR









 




  






HB5456

LRB096 18831 AJO 34217 b





  
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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 
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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. Prior to the appointment of 
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a guardian
under this Article, pending an appeal in relation to 
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the
appointment, or
pending the
completion of a citation 
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proceeding brought pursuant to Section 23-3 of this
Act,
the 
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court may appoint a temporary guardian upon a showing of the 
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necessity
therefor for the immediate welfare and protection of 
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the alleged
disabled person or his estate
on such notice and 
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subject to such conditions as the court may prescribe.
In 
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determining the necessity for temporary guardianship, the 
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immediate
welfare and protection of the alleged disabled person 
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and his or her estate
shall be
of paramount concern, and the 
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interests of the petitioner, any care provider,
or any other 
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party shall not outweigh the interests of the alleged disabled

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person.
The temporary guardian shall have all of the powers and 
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duties of a guardian
of the person or of the estate which are 
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specifically enumerated by court
order. The court order shall 
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state the actual harm identified by the court
that necessitates 
 


 






HB5456
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LRB096 18831 AJO 34217 b




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temporary guardianship. The temporary guardianship shall

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expire within 60 days after the
appointment or whenever a 
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guardian is regularly appointed, whichever occurs
first,  
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unless the court extends the length of the temporary 
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guardianship for good cause shown, which the court order shall 
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specify.
 Except pending the disposition on appeal of an 
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adjudication of disability, no
extension shall be granted.

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However, the ward shall have the right any time after the 
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appointment
of a temporary guardian is made to petition the 
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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.)