Bill Status of HB0266  102nd General Assembly


Short Description:  PROBATE-GUARDIAN-DECISIONS

House Sponsors
Rep. Thomas M. Bennett, Jonathan Carroll, Seth Lewis, Martin McLaughlin, Dan Ugaste, David A. Welter, Daniel Didech, Jay Hoffman, Ann M. Williams, Terra Costa Howard, Deanne M. Mazzochi, Patrick Windhorst, Mark Batinick, Chris Bos, Thomas Morrison, Tony McCombie, Norine K. Hammond and Amy Elik

Senate Sponsors
(Sen. Jason A. Barickman)

Last Action
DateChamber Action
  5/31/2021HousePassed Both Houses

Statutes Amended In Order of Appearance
755 ILCS 5/11a-17from Ch. 110 1/2, par. 11a-17


Synopsis As Introduced
Amends the Guardians For Adults With Disabilities Article of the Probate Act of 1975. Provides that a guardian shall consider the ward's current preferences to the extent the ward has the ability to participate in decision making when those preferences are known or reasonably ascertainable by the guardian. Provides that decisions by the guardian shall conform to the ward's current preferences unless the guardian reasonably believes that doing so would result in substantial harm to the ward's welfare or personal or financial interests. Provides that if the guardian is unable to ascertain the ward's preferences, then the decisions may be made by conforming as closely as possible to what the ward would have done or intended under the circumstances. Makes conforming changes. Effective immediately.

Senate Committee Amendment No. 1
Replaces everything after the enacting clause with the provisions of the engrossed bill, and makes the following changes: Deletes language providing that if the guardian is unable to ascertain the ward's preferences, then the decisions may be made by conforming as closely as possible to what the ward would have done or intended under the circumstances. Provides instead that decisions by the guardian shall conform to the ward's current preferences so long as such decisions give substantial weight to what the ward would have done or intended under the circumstances. Effective immediately.

Actions 
DateChamber Action
  1/25/2021HouseFiled with the Clerk by Rep. Thomas M. Bennett
  1/29/2021HouseFirst Reading
  1/29/2021HouseReferred to Rules Committee
  2/23/2021HouseAssigned to Judiciary - Civil Committee
  3/1/2021HouseAdded Co-Sponsor Rep. Jonathan Carroll
  3/2/2021HouseDo Pass / Consent Calendar Judiciary - Civil Committee; 016-000-000
  3/3/2021HouseAdded Co-Sponsor Rep. Seth Lewis
  3/3/2021HouseAdded Co-Sponsor Rep. Martin McLaughlin
  3/3/2021HouseAdded Co-Sponsor Rep. Dan Ugaste
  3/3/2021HouseAdded Co-Sponsor Rep. David A. Welter
  3/3/2021HouseAdded Co-Sponsor Rep. Daniel Didech
  3/3/2021HouseAdded Co-Sponsor Rep. Jay Hoffman
  3/3/2021HouseAdded Co-Sponsor Rep. Ann M. Williams
  3/3/2021HouseAdded Co-Sponsor Rep. Terra Costa Howard
  3/4/2021HousePlaced on Calendar 2nd Reading - Consent Calendar
  3/4/2021HouseAdded Co-Sponsor Rep. Deanne M. Mazzochi
  3/4/2021HouseAdded Co-Sponsor Rep. Patrick Windhorst
  3/22/2021HouseAdded Co-Sponsor Rep. Mark Batinick
  3/30/2021HouseAdded Co-Sponsor Rep. Chris Bos
  4/13/2021HouseSecond Reading - Consent Calendar
  4/13/2021HouseHeld on Calendar Order of Second Reading - Consent Calendar
  4/13/2021HousePlaced on Calendar Order of 3rd Reading - Consent Calendar
  4/16/2021HouseAdded Co-Sponsor Rep. Thomas Morrison
  4/16/2021HouseAdded Co-Sponsor Rep. Tony McCombie
  4/16/2021HouseAdded Co-Sponsor Rep. Norine K. Hammond
  4/16/2021HouseThird Reading - Consent Calendar - Passed 108-000-000
  4/19/2021SenateArrive in Senate
  4/19/2021SenatePlaced on Calendar Order of First Reading
  4/19/2021SenateChief Senate Sponsor Sen. Jason A. Barickman
  4/19/2021SenateFirst Reading
  4/19/2021SenateReferred to Assignments
  4/28/2021SenateAssigned to Judiciary
  5/6/2021SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Jason A. Barickman
  5/6/2021SenateSenate Committee Amendment No. 1 Referred to Assignments
  5/11/2021SenateSenate Committee Amendment No. 1 Assignments Refers to Judiciary
  5/18/2021SenateSenate Committee Amendment No. 1 Adopted
  5/19/2021SenateDo Pass as Amended Judiciary; 007-000-000
  5/19/2021SenatePlaced on Calendar Order of 2nd Reading May 20, 2021
  5/21/2021SenateSecond Reading
  5/21/2021SenatePlaced on Calendar Order of 3rd Reading May 24, 2021
  5/27/2021SenatePlaced on Calendar Order of 3rd Reading ** May 28, 2021
  5/29/2021SenateThird Reading - Passed; 059-000-000
  5/29/2021HouseArrived in House
  5/29/2021HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1
  5/30/2021HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Thomas M. Bennett
  5/30/2021HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/30/2021HouseSenate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Rules Committee; 004-000-000
  5/31/2021HouseSenate Committee Amendment No. 1 House Concurs 118-000-000
  5/31/2021HouseHouse Concurs
  5/31/2021HousePassed Both Houses
  5/31/2021HouseAdded Co-Sponsor Rep. Amy Elik