Illinois General Assembly - Full Text of HB4366
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Full Text of HB4366  102nd General Assembly

HB4366enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB4366 EnrolledLRB102 23003 LNS 32157 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-12 as follows:
 
6    (755 ILCS 5/11a-12)  (from Ch. 110 1/2, par. 11a-12)
7    (Text of Section before amendment by P.A. 102-72)
8    Sec. 11a-12. Order of appointment.)
9    (a) If basis for the appointment of a guardian as
10specified in Section 11a-3 is not found, the court shall
11dismiss the petition.
12    (b) If the respondent is adjudged to be a person with a
13disability and to lack some but not all of the capacity as
14specified in Section 11a-3, and if the court finds that
15guardianship is necessary for the protection of the person
16with a disability, his or her estate, or both, the court shall
17appoint a limited guardian for the respondent's person or
18estate or both. The court shall enter a written order stating
19the factual basis for its findings and specifying the duties
20and powers of the guardian and the legal disabilities to which
21the respondent is subject.
22    (c) If the respondent is adjudged to be a person with a
23disability and to be totally without capacity as specified in

 

 

HB4366 Enrolled- 2 -LRB102 23003 LNS 32157 b

1Section 11a-3, and if the court finds that limited
2guardianship will not provide sufficient protection for the
3person with a disability, his or her estate, or both, the court
4shall appoint a plenary guardian for the respondent's person
5or estate or both. The court shall enter a written order
6stating the factual basis for its findings.
7    (d) The selection of the guardian shall be in the
8discretion of the court, which shall give due consideration to
9the preference of the person with a disability as to a
10guardian, as well as the qualifications of the proposed
11guardian, in making its appointment. However, the paramount
12concern in the selection of the guardian is the best interest
13and well-being of the person with a disability.
14    (e) The order of appointment of a guardian of the person in
15any county with a population of less than 3 million shall
16include the requirement that the guardian of the person
17complete the training program as provided in Section 33.5 of
18the Guardianship and Advocacy Act that outlines the
19responsibilities of the guardian of the person and the rights
20of the person under guardianship and file with the court a
21certificate of completion one year from the date of issuance
22of the letters of guardianship, except that: (1) the chief
23judge of any circuit may order implementation of another
24training program by a suitable provider containing
25substantially similar content; (2) employees of the Office of
26the State Guardian, public guardians, attorneys currently

 

 

HB4366 Enrolled- 3 -LRB102 23003 LNS 32157 b

1authorized to practice law, corporate fiduciaries, and persons
2certified by the Center for Guardianship Certification are
3exempt from this training requirement; and (3) the court may,
4for good cause shown, exempt from this requirement an
5individual not otherwise listed in item (2). For the purposes
6of this subsection (e), good cause may be proven by affidavit.
7If the court finds good cause to exempt an individual from the
8training requirement, the order of appointment shall so state.
9(Source: P.A. 99-143, eff. 7-27-15; 100-483, eff. 9-8-18.)
 
10    (Text of Section after amendment by P.A. 102-72)
11    Sec. 11a-12. Order of appointment.
12    (a) If basis for the appointment of a guardian as
13specified in Section 11a-3 is not found, the court shall
14dismiss the petition.
15    (b) If the respondent is adjudged to be a person with a
16disability and to lack some but not all of the capacity as
17specified in Section 11a-3, and if the court finds that
18guardianship is necessary for the protection of the person
19with a disability, his or her estate, or both, the court shall
20appoint a limited guardian for the respondent's person or
21estate or both. The court shall enter a written order stating
22the factual basis for its findings and specifying the duties
23and powers of the guardian and the legal disabilities to which
24the respondent is subject.
25    (c) If the respondent is adjudged to be a person with a

 

 

HB4366 Enrolled- 4 -LRB102 23003 LNS 32157 b

1disability and to be totally without capacity as specified in
2Section 11a-3, and if the court finds that limited
3guardianship will not provide sufficient protection for the
4person with a disability, his or her estate, or both, the court
5shall appoint a plenary guardian for the respondent's person
6or estate or both. The court shall enter a written order
7stating the factual basis for its findings.
8    (d) The selection of the guardian shall be in the
9discretion of the court, which shall give due consideration to
10the preference of the person with a disability as to a
11guardian, as well as the qualifications of the proposed
12guardian, in making its appointment. However, the paramount
13concern in the selection of the guardian is the best interests
14and well-being of the person with a disability.
15    One person or agency may be appointed a limited or plenary
16guardian of the person and another person or corporate trustee
17appointed as a limited or plenary guardian of the estate. If
18different persons are appointed, the court shall consider the
19factors set forth in subsection (b-5) of Section 11a-5. The
20court shall enter a written order stating the factual basis
21for its findings.
22    (e) The order of appointment of a guardian of the person in
23any county with a population of less than 3 million shall
24include the requirement that the guardian of the person
25complete the training program as provided in Section 33.5 of
26the Guardianship and Advocacy Act that outlines the

 

 

HB4366 Enrolled- 5 -LRB102 23003 LNS 32157 b

1responsibilities of the guardian of the person and the rights
2of the person under guardianship and file with the court a
3certificate of completion one year from the date of issuance
4of the letters of guardianship, except that: (1) the chief
5judge of any circuit may order implementation of another
6training program by a suitable provider containing
7substantially similar content; (2) employees of the Office of
8the State Guardian, public guardians, attorneys currently
9authorized to practice law, corporate fiduciaries, and persons
10certified by the Center for Guardianship Certification are
11exempt from this training requirement; and (3) the court may,
12for good cause shown, exempt from this requirement an
13individual not otherwise listed in item (2). For the purposes
14of this subsection (e), good cause may be proven by affidavit.
15If the court finds good cause to exempt an individual from the
16training requirement, the order of appointment shall so state.
17(Source: P.A. 102-72, eff. 1-1-22.)
 
18    Section 95. No acceleration or delay. Where this Act makes
19changes in a statute that is represented in this Act by text
20that is not yet or no longer in effect (for example, a Section
21represented by multiple versions), the use of that text does
22not accelerate or delay the taking effect of (i) the changes
23made by this Act or (ii) provisions derived from any other
24Public Act.