Full Text of HB3415 94th General Assembly
HB3415ham002 94TH GENERAL ASSEMBLY
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Rep. Roger L. Eddy
Filed: 4/7/2005
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09400HB3415ham002 |
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LRB094 09228 LCB 44519 a |
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| AMENDMENT TO HOUSE BILL 3415
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| AMENDMENT NO. ______. Amend House Bill 3415, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Probate Act of 1975 is amended by changing | 6 |
| Sections 11-3 and 11a-5 as follows:
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| (755 ILCS 5/11-3) (from Ch. 110 1/2, par. 11-3)
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| Sec. 11-3. Who may act as guardian.
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| (a) A person who has attained
the age of 18 years, is a | 10 |
| resident of the United States, is not of
unsound mind, is not | 11 |
| an adjudged disabled
person as defined in this Act, has
not | 12 |
| been convicted of a felony, and who the court finds is capable | 13 |
| of
providing an active and suitable program of guardianship for | 14 |
| the minor is
qualified to act
as guardian of the person and as
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| guardian of the estate if the court finds that the proposed | 16 |
| guardian is capable of providing an active and suitable program | 17 |
| of guardianship for the minor and that the proposed guardian: | 18 |
| (1) has attained the age of 18 years; | 19 |
| (2) is a resident of the United States; | 20 |
| (3) is not of unsound mind; | 21 |
| (4) is not an adjudged disabled person as defined in | 22 |
| this Act; and | 23 |
| (5) has not been convicted of a felony, unless the | 24 |
| court finds appointment of the person convicted of a felony |
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| to be in the minor's best interests, and as part of the | 2 |
| best interest determination, the court has considered the | 3 |
| nature of the offense, the date of offense, and the | 4 |
| evidence of the proposed guardian's rehabilitation. No | 5 |
| person shall be appointed who has been convicted of a | 6 |
| felony involving harm or threat to a child, including a | 7 |
| felony sexual offense . | 8 |
| One person may be appointed guardian of the
person and another | 9 |
| person appointed guardian of the estate.
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| (b) The Department of Human Services
or the Department of | 11 |
| Children and Family Services may with the approval
of the court | 12 |
| designate one of its employees to serve without fees as
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| guardian of the estate of a minor patient in a State mental | 14 |
| hospital or
a resident in a State institution when the value of | 15 |
| the personal estate
does not exceed $1,000.
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| (Source: P.A. 89-507, eff. 7-1-97; 90-430, eff. 8-16-97; | 17 |
| 90-472, eff.
8-17-97.)
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| (755 ILCS 5/11a-5) (from Ch. 110 1/2, par. 11a-5)
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| Sec. 11a-5. Who may act as guardian.
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| (a) A person who has attained the
age of 18 years, is a | 21 |
| resident of the United States, is not of unsound
mind, is not | 22 |
| an adjudged disabled person as defined in this Act, has
not | 23 |
| been convicted of a felony, and who the court finds is capable | 24 |
| of
providing an active and suitable program of guardianship for | 25 |
| the disabled
person is qualified to act as guardian of the | 26 |
| person and as guardian of the
estate of a disabled person if | 27 |
| the court finds that the proposed guardian is capable of | 28 |
| providing an active and suitable program of guardianship for | 29 |
| the disabled person and that the proposed guardian: | 30 |
| (1) has attained the age of 18 years; | 31 |
| (2) is a resident of the United States; | 32 |
| (3) is not of unsound mind; | 33 |
| (4) is not an adjudged disabled person as defined in |
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| this Act; and | 2 |
| (5) has not been convicted of a felony, unless the | 3 |
| court finds appointment of the person convicted of a felony | 4 |
| to be in the disabled person's best interests, and as part | 5 |
| of the best interest determination, the court has | 6 |
| considered the nature of the offense, the date of offense, | 7 |
| and the evidence of the proposed guardian's | 8 |
| rehabilitation. No person shall be appointed who has been | 9 |
| convicted of a felony involving harm or threat to an | 10 |
| elderly or disabled person, including a felony sexual | 11 |
| offense .
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| (b) Any public agency, or not-for-profit corporation found | 13 |
| capable by
the court of providing an active and suitable | 14 |
| program of guardianship for
the disabled person, taking into | 15 |
| consideration the nature of such person's
disability and the | 16 |
| nature of such organization's services, may be appointed
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| guardian of the person or of the estate, or both, of the | 18 |
| disabled person.
The court shall not appoint as guardian an | 19 |
| agency which is directly
providing residential services to the | 20 |
| ward. One person or agency may be
appointed guardian of the | 21 |
| person and another person or agency appointed
guardian of the | 22 |
| estate.
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| (c) Any corporation qualified to accept and execute trusts | 24 |
| in this State
may be appointed guardian of the estate of a | 25 |
| disabled person.
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| (Source: P.A. 90-430, eff. 8-16-97; 90-472, eff. 8-17-97.)
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| Section 99. Effective date. This Act takes effect upon | 28 |
| becoming law.".
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