Bill Status of SB 2894   97th General Assembly

Short Description:  GUARDIANS-FEES-APPOINT-LIMITS

Senate Sponsors
Sen. Ira I. Silverstein

Last Action  View All Actions

DateChamber Action
  1/8/2013SenateSession Sine Die

Statutes Amended In Order of Appearance
20 ILCS 3955/31from Ch. 91 1/2, par. 731
20 ILCS 3955/32from Ch. 91 1/2, par. 732
705 ILCS 105/27.3f new
755 ILCS 5/11a-12from Ch. 110 1/2, par. 11a-12
755 ILCS 5/13-1from Ch. 110 1/2, par. 13-1
755 ILCS 5/13-1.3 new
755 ILCS 5/13-5from Ch. 110 1/2, par. 13-5

Synopsis As Introduced
Amends the Guardianship and Advocacy Act. Provides that, in a case in which a court appoints the State Guardian, the court shall indicate in the order the reasons that the State Guardian appointment, rather than the appointment of another interested party, is required. Provides that the State Guardian shall not be appointed as guardian for a person whose primary diagnosis is mental illness. Provides that each ward of the State Guardian who was adjudicated disabled before the effective date of this amendatory Act and has a primary diagnosis of mental illness shall be the subject of a review hearing and shall be considered eligible for restoration of rights unless evidence demonstrates, by a clear and convincing standard, that guardianship is still required for the ward and that the State Guardian is the only available and suitable guardian. Amends the Clerks of Courts Act to authorize guardianship and advocacy operation fees. Exempts certain parties from these fees. Makes other changes. Amends the Probate Act of 1975. Provides that an order appointing a guardian shall implement the least restrictive alternative, maximize the disabled person's autonomy, and exercise authority over the disabled person only as necessary. Provides that in counties having a population of 1,000,000 or less, in which there is no currently serving public guardian or in which there is a public guardian serving under an expired term of office, the Governor shall, within 90 days after the effective date of this amendatory Act, appoint the Office of State guardian the public guardian. Subsequently, in counties having a population of 1,000,000 or less and upon the expiration of the public guardian's term, the State guardian shall be appointed the public guardian.

Senate Committee Amendment No. 2
Deletes reference to:
20 ILCS 3955/32from Ch. 91 1/2, par. 732
755 ILCS 5/13-5from Ch. 110 1/2, par. 13-5
Adds reference to:
755 ILCS 5/11a-3from Ch. 110 1/2, par. 11a-3
755 ILCS 5/11a-20from Ch. 110 1/2, par. 11a-20

Replaces everything after the enacting clause. Reinserts similar provisions, but with the following changes: Removes provisions providing (i) that the State Guardian shall not be appointed as guardian for a person whose primary diagnosis is mental illness and (ii) that each ward of the State Guardian who was adjudicated disabled before the effective date of this amendatory Act and has a primary diagnosis of mental illness shall be the subject of a review hearing and shall be considered eligible for restoration of rights unless evidence demonstrates, by a clear and convincing standard, that guardianship is still required for the ward and that the State Guardian is the only available and suitable guardian. As to guardianship and advocacy operation fees, provides that such fees shall not be imposed in any minor guardianship established under specified provisions of the Probate Act of 1975 or against an indigent person. Further amends the Probate Act of 1975. In regard to a court adjudging a person to be a disabled person, provides that an order appointing a guardian shall implement the least restrictive alternative, maximize the disabled person's autonomy, and exercise authority over the disabled person only as necessary. Provides that upon the filing of a verified petition by the guardian of the disabled person or the disabled person, the court may terminate the adjudication of disability of the ward, revoke the letters of guardianship of the estate or person, or both, or modify the duties of the guardian if certain conditions are satisfied. Removes amendatory provisions providing that a court may appoint the public guardian as the guardian of any disabled adult who is in need of a public guardian and whose estate exceeds $100,000 in counties having a population in excess of 1,000,000. Makes other changes.

Actions 
DateChamber Action
  2/1/2012SenateFiled with Secretary by Sen. Ira I. Silverstein
  2/1/2012SenateFirst Reading
  2/1/2012SenateReferred to Assignments
  2/7/2012SenateAssigned to Judiciary
  2/22/2012SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Ira I. Silverstein
  2/22/2012SenateSenate Committee Amendment No. 1 Referred to Assignments
  2/23/2012SenatePostponed - Judiciary
  2/27/2012SenateSenate Committee Amendment No. 1 Assignments Refers to Judiciary
  2/28/2012SenateSenate Committee Amendment No. 1 Postponed - Judiciary
  2/28/2012SenatePostponed - Judiciary
  3/7/2012SenateSenate Committee Amendment No. 1 Postponed - Judiciary
  3/7/2012SenateTo Judiciary Subcommittee on Civil Process and Procedure
  3/7/2012SenateSenate Committee Amendment No. 2 Filed with Secretary by Sen. Ira I. Silverstein
  3/7/2012SenateSenate Committee Amendment No. 2 Referred to Assignments
  3/9/2012SenateRule 2-10 Committee Deadline Established As March 30, 2012
  3/22/2012SenateSenate Committee Amendment No. 2 Assignments Refers to Judiciary
  3/30/2012SenateRule 2-10 Committee/3rd Reading Deadline Established As April 26, 2012
  4/23/2012SenateSenate Committee Amendment No. 3 Filed with Secretary by Sen. Ira I. Silverstein
  4/23/2012SenateSenate Committee Amendment No. 3 Referred to Assignments
  4/24/2012SenateSenate Committee Amendment No. 3 Assignments Refers to Judiciary
  4/24/2012SenateReported Back To Judiciary; 002-001-001
  4/24/2012SenateSenate Committee Amendment No. 2 Adopted
  4/25/2012SenateSenate Committee Amendment No. 1 Postponed - Judiciary
  4/25/2012SenateSenate Committee Amendment No. 3 Postponed - Judiciary
  4/25/2012SenateHeld in Judiciary
  4/26/2012SenateRule 3-9(a) / Re-referred to Assignments
  4/26/2012SenateSenate Committee Amendment No. 1 Rule 3-9(a) / Re-referred to Assignments
  4/26/2012SenateSenate Committee Amendment No. 3 Rule 3-9(a) / Re-referred to Assignments
  1/8/2013SenateSession Sine Die

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