Illinois General Assembly - Bill Status for SB0080
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 Bill Status of SB0080  102nd General Assembly


Short Description:  PROBATE ACT-ADULT GUARDIANSHIP

Senate Sponsors
Sen. Jil Tracy - Dale Fowler - Terri Bryant

House Sponsors
(Rep. Terra Costa Howard - Michael Halpin and Thomas M. Bennett)

Last Action
DateChamber Action
  7/9/2021SenatePublic Act . . . . . . . . . 102-0072

Statutes Amended In Order of Appearance
755 ILCS 5/11a-1from Ch. 110 1/2, par. 11a-1
755 ILCS 5/11a-3from Ch. 110 1/2, par. 11a-3
755 ILCS 5/11a-3.1
755 ILCS 5/11a-3.2
755 ILCS 5/11a-4from Ch. 110 1/2, par. 11a-4
755 ILCS 5/11a-5from Ch. 110 1/2, par. 11a-5
755 ILCS 5/11a-8from Ch. 110 1/2, par. 11a-8
755 ILCS 5/11a-10from Ch. 110 1/2, par. 11a-10
755 ILCS 5/11a-10.1from Ch. 110 1/2, par. 11a-10.1
755 ILCS 5/11a-12from Ch. 110 1/2, par. 11a-12
755 ILCS 5/11a-13.5 new
755 ILCS 5/11a-17from Ch. 110 1/2, par. 11a-17
755 ILCS 5/11a-17.1
755 ILCS 5/11a-18from Ch. 110 1/2, par. 11a-18
755 ILCS 5/11a-18.3
755 ILCS 5/11a-19from Ch. 110 1/2, par. 11a-19
755 ILCS 5/11a-20from Ch. 110 1/2, par. 11a-20
755 ILCS 5/13-1from Ch. 110 1/2, par. 13-1
755 ILCS 5/18-10from Ch. 110 1/2, par. 18-10
755 ILCS 5/19-2from Ch. 110 1/2, par. 19-2
755 ILCS 5/25-4from Ch. 110 1/2, par. 25-4
755 ILCS 5/27-1from Ch. 110 1/2, par. 27-1
755 ILCS 45/2-10from Ch. 110 1/2, par. 802-10


Synopsis As Introduced
Amends the Probate Act of 1975. Provides that, in a case regarding temporary guardianship, if no limited or plenary guardian has been appointed in a case regarding temporary guardianship, the court may grant an extension up to an additional 60 days or until a limited or plenary guardian has been appointed. Provides that the court may appoint separate individuals or entities or co-guardians to act as the guardian of the person and the guardian of the estate of a person with a disability under certain circumstances. Provides that a guardian is entitled to reasonable and appropriate fees, if certain conditions are met. Provides that fees awarded to a guardian shall be considered as a first-class claim for administrative expenses and paid from the guardianship estate from the decedent's estate. Adds procedures regarding the succession of a new public guardian. Makes formatting changes in Sections concerning: definitions; statutory forms; short-term guardians; preliminary hearings; domestic violence orders of protection; sterilization of the ward; and notice of rights of the ward. Changes references to "best interest" to "best interests". Amends the Illinois Power of Attorney Act. Provides that if an agent seeks guardianship of the principal, the petition for guardianship must delineate the specific powers to be granted to the guardian that are not already included in the power of attorney.

Senate Floor Amendment No. 1
Provides that a petitioner who seeks to revoke or construe a power of attorney for the alleged person with a disability, or review the agent's conduct, shall do so in conformity with the Illinois Power of Attorney Act, and as set forth in specified provisions of the Probate Act of 1975. Provides that the right to ask for the appointment of a limited guardian be stated in the summons that is served to the respondent. Provides that one person or agency may be appointed a limited or plenary guardian of the person and another person or corporate trustee appointed as a limited or plenary guardian of the estate. Provides that, upon the death of the ward, fees and costs awarded shall be considered as a first-class claim for administrative expenses and may be paid from the guardianship estate or from the decedent's estate. Includes additional final fees and costs relating to guardianship, as determined by the court, as first-class claims against a decedent's estate.

Actions 
DateChamber Action
  2/3/2021SenateFiled with Secretary by Sen. Jil Tracy
  2/3/2021SenateFirst Reading
  2/3/2021SenateReferred to Assignments
  2/9/2021SenateAssigned to Judiciary
  3/9/2021SenateAdded as Chief Co-Sponsor Sen. Dale Fowler
  3/9/2021SenateDo Pass Judiciary; 007-000-000
  3/9/2021SenatePlaced on Calendar Order of 2nd Reading March 10, 2021
  3/10/2021SenateSecond Reading
  3/10/2021SenatePlaced on Calendar Order of 3rd Reading ** March 16, 2021
  3/17/2021SenateAdded as Chief Co-Sponsor Sen. Terri Bryant
  3/30/2021SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Jil Tracy
  3/30/2021SenateSenate Floor Amendment No. 1 Referred to Assignments
  4/7/2021SenateSenate Floor Amendment No. 1 Assignments Refers to Judiciary
  4/20/2021SenateSenate Floor Amendment No. 1 Recommend Do Adopt Judiciary; 009-000-000
  4/21/2021SenateRecalled to Second Reading
  4/21/2021SenateSenate Floor Amendment No. 1 Adopted; Tracy
  4/21/2021SenatePlaced on Calendar Order of 3rd Reading **
  4/23/2021SenateThird Reading - Passed; 058-000-000
  4/26/2021HouseArrived in House
  4/26/2021HouseChief House Sponsor Rep. Terra Costa Howard
  4/27/2021HouseFirst Reading
  4/27/2021HouseReferred to Rules Committee
  4/27/2021HouseAdded Alternate Co-Sponsor Rep. Thomas M. Bennett
  5/4/2021HouseAssigned to Judiciary - Civil Committee
  5/12/2021HouseDo Pass / Short Debate Judiciary - Civil Committee; 013-002-000
  5/12/2021HousePlaced on Calendar 2nd Reading - Short Debate
  5/12/2021HouseAdded Alternate Chief Co-Sponsor Rep. Michael Halpin
  5/19/2021HouseSecond Reading - Short Debate
  5/19/2021HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/20/2021HouseThird Reading - Short Debate - Passed 103-012-000
  5/20/2021SenatePassed Both Houses
  6/17/2021SenateSent to the Governor
  7/9/2021SenateGovernor Approved
  7/9/2021SenateEffective Date January 1, 2022
  7/9/2021SenatePublic Act . . . . . . . . . 102-0072

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