96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB6618


 
Introduced , by Rep. Michael G. Connelly
 
SYNOPSIS AS INTRODUCED:
 		





 


  



755 ILCS 5/23-2
  from Ch. 110 1/2, par. 23-2








     Amends the Probate Act of 1975.   Provides that any person (rather than any interested person)  may file a petition for removal of a representative for specified causes.
  















LRB096 19171 AJO 34562 b

















 


 


A BILL FOR









 




  






HB6618

LRB096 19171 AJO 34562 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 23-2 as follows:
 



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    (755 ILCS 5/23-2)  (from Ch. 110 1/2, par. 23-2)



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    Sec. 23-2. Removal. 

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    (a) On petition of any interested person or on
the court's 
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own motion, the court may remove a representative if:


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        (1) the representative is acting under letters secured 
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    by false
pretenses;


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        (2) the representative is adjudged a person subject to 
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    involuntary
admission under the
Mental Health and 
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    Developmental Disabilities Code or is adjudged a disabled

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    person;


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        (3) the representative is convicted of a felony;


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        (4) the representative wastes or mismanages the 
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    estate;


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        (5) the representative conducts himself or herself in 
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    such a manner as
to endanger any
co-representative or the 
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    surety on the representative's bond;


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        (6) the representative fails to give sufficient bond or 
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    security,
counter security or a
new bond, after being 
 


 






HB6618
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LRB096 19171 AJO 34562 b




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    ordered by the court to do so;


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        (7) the representative fails to file an inventory or 
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    accounting after
being ordered by
the court to do so;


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        (8) the representative conceals himself or herself so 
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    that process
cannot be served upon
the representative or

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    notice cannot be given to the representative;


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        (9) the representative becomes incapable of or 
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    unsuitable for the
discharge of the
representative's

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    duties; or


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        (10) there is other good cause.

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    (b) If the representative becomes a nonresident of the

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United States, the court may remove the representative as such

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representative.

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(Source: P.A. 90-430, eff. 8-16-97; 90-472, eff. 8-17-97; 
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91-357, eff.
7-29-99.)