Illinois General Assembly - Full Text of SB0527
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Full Text of SB0527  102nd General Assembly

SB0527 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0527

 

Introduced 2/23/2021, by Sen. Julie A. Morrison

 

SYNOPSIS AS INTRODUCED:
 
755 ILCS 5/11a-4  from Ch. 110 1/2, par. 11a-4

    Amends the Guardians For Adults With Disabilities Article of the Probate Act of 1975. Provides that a petition for the appointment of a temporary guardian for an alleged person with a disability shall be filed at the time of or subsequent to the filing of a petition for adjudication of disability and appointment of a guardian. Provides that the petition for the appointment of a temporary guardian shall state specific facts. Provides that notice of the time and place of the hearing on a petition for the appointment of a temporary guardian or petition to revoke the appointment of a temporary guardian shall be given not less than 3 days before the hearing.


LRB102 11663 LNS 16997 b

 

 

A BILL FOR

 

SB0527LRB102 11663 LNS 16997 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-4 as follows:
 
6    (755 ILCS 5/11a-4)  (from Ch. 110 1/2, par. 11a-4)
7    Sec. 11a-4. Temporary guardian.
8    (a) Prior to the appointment of a guardian under this
9Article, pending an appeal in relation to the appointment, or
10pending the completion of a citation proceeding brought
11pursuant to Section 23-3 of this Act, or upon a guardian's
12death, incapacity, or resignation, the court may appoint a
13temporary guardian upon a showing of the necessity therefor
14for the immediate welfare and protection of the alleged person
15with a disability or his or her estate on such notice and
16subject to such conditions as the court may prescribe. A
17petition for the appointment of a temporary guardian for an
18alleged person with a disability shall be filed at the time of
19or subsequent to the filing of a petition for adjudication of
20disability and appointment of a guardian. The petition for the
21appointment of a temporary guardian shall state the facts upon
22which it is based and the name, the post office address, and,
23in the case of an individual, the age and occupation of the

 

 

SB0527- 2 -LRB102 11663 LNS 16997 b

1proposed temporary guardian. In determining the necessity for
2temporary guardianship, the immediate welfare and protection
3of the alleged person with a disability and his or her estate
4shall be of paramount concern, and the interests of the
5petitioner, any care provider, or any other party shall not
6outweigh the interests of the alleged person with a
7disability. The temporary guardian shall have the limited
8powers and duties of a guardian of the person or of the estate
9which are specifically enumerated by court order. The court
10order shall state the actual harm identified by the court that
11necessitates temporary guardianship or any extension thereof.
12    (a-5) Notice of the time and place of the hearing on a
13petition for the appointment of a temporary guardian shall be
14given, not less than 3 days before the hearing, by mail or in
15person to the alleged person with a disability, the proposed
16temporary guardian, and to those persons whose names and
17addresses are listed in the petition for adjudication of
18disability and appointment of a guardian under Section 11a-8.
19The court, upon a finding of good cause, may waive the notice
20requirement under this subsection.
21    (a-10) Notice of the time and place of the hearing on a
22petition to revoke the appointment of a temporary guardian
23shall be given, not less than 3 days before the hearing, by
24mail or in person to the temporary guardian, to the petitioner
25on whose petition the temporary guardian was appointed, and to
26those persons whose names and addresses are listed in the

 

 

SB0527- 3 -LRB102 11663 LNS 16997 b

1petition for adjudication of disability and appointment of a
2guardian under Section 11a-8. The court, upon a finding of
3good cause, may waive the notice requirement under this
4subsection.
5    (b) The temporary guardianship shall expire within 60 days
6after the appointment or whenever a guardian is regularly
7appointed, whichever occurs first. No extension shall be
8granted except:
9        (1) In a case where there has been an adjudication of
10    disability, an extension shall be granted:
11            (i) pending the disposition on appeal of an
12        adjudication of disability;
13            (ii) pending the completion of a citation
14        proceeding brought pursuant to Section 23-3;
15            (iii) pending the appointment of a successor
16        guardian in a case where the former guardian has
17        resigned, has become incapacitated, or is deceased; or
18            (iv) where the guardian's powers have been
19        suspended pursuant to a court order.
20        (2) In a case where there has not been an adjudication
21    of disability, an extension shall be granted pending the
22    disposition of a petition brought pursuant to Section
23    11a-8 so long as the court finds it is in the best interest
24    of the alleged person with a disability to extend the
25    temporary guardianship so as to protect the alleged person
26    with a disability from any potential abuse, neglect,

 

 

SB0527- 4 -LRB102 11663 LNS 16997 b

1    self-neglect, exploitation, or other harm and such
2    extension lasts no more than 120 days from the date the
3    temporary guardian was originally appointed.
4    The ward shall have the right any time after the
5appointment of a temporary guardian is made to petition the
6court to revoke the appointment of the temporary guardian.
7(Source: P.A. 99-70, eff. 1-1-16; 99-143, eff. 7-27-15;
899-642, eff. 7-28-16.)