SB1287 EngrossedLRB098 08943 HEP 39075 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Probate Act of 1975 is amended by changing
5Section 11a-5 as follows:
 
6    (755 ILCS 5/11a-5)  (from Ch. 110 1/2, par. 11a-5)
7    Sec. 11a-5. Who may act as guardian.
8    (a) A person is qualified to act as guardian of the person
9and as guardian of the estate of a disabled person if the court
10finds that the proposed guardian is capable of providing an
11active and suitable program of guardianship for the disabled
12person and that the proposed guardian:
13        (1) has attained the age of 18 years;
14        (2) is a resident of the United States;
15        (3) is not of unsound mind;
16        (4) is not an adjudged disabled person as defined in
17    this Act; and
18        (5) has not been convicted of a felony, unless the
19    court finds appointment of the person convicted of a felony
20    to be in the disabled person's best interests, and as part
21    of the best interest determination, the court has
22    considered the nature of the offense, the date of offense,
23    and the evidence of the proposed guardian's

 

 

SB1287 Engrossed- 2 -LRB098 08943 HEP 39075 b

1    rehabilitation. No person shall be appointed who has been
2    convicted of a felony involving harm or threat to a minor
3    or an elderly or disabled person, including a felony sexual
4    offense.
5    (b) Any public agency, or not-for-profit corporation found
6capable by the court of providing an active and suitable
7program of guardianship for the disabled person, taking into
8consideration the nature of such person's disability and the
9nature of such organization's services, may be appointed
10guardian of the person or of the estate, or both, of the
11disabled person. The court shall not appoint as guardian an
12agency which is directly providing residential services to the
13ward. One person or agency may be appointed guardian of the
14person and another person or agency appointed guardian of the
15estate.
16    (c) Any corporation qualified to accept and execute trusts
17in this State may be appointed guardian of the estate of a
18disabled person.
19(Source: P.A. 94-579, eff. 8-12-05.)