Full Text of SB0658 94th General Assembly
SB0658 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB0658
Introduced 2/18/2005, by Sen. John J. Cullerton SYNOPSIS AS INTRODUCED: |
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755 ILCS 5/11-3 |
from Ch. 110 1/2, par. 11-3 |
755 ILCS 5/11a-5 |
from Ch. 110 1/2, par. 11a-5 |
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Amends the Probate Act of 1975. In provisions prohibiting a person convicted of a felony from acting as the guardian of a minor or disabled person, creates an exception if the court finds that the appointment of the person convicted of a felony is in the best interests of the minor or disabled person. Effective immediately.
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A BILL FOR
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SB0658 |
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LRB094 09010 LCB 39231 b |
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| AN ACT concerning estates.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Probate Act of 1975 is amended by changing | 5 |
| 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 | 9 |
| resident of the United States, is not of
unsound mind, is not | 10 |
| an adjudged disabled
person as defined in this Act, has
not | 11 |
| been convicted of a felony, and who the court finds is capable | 12 |
| of
providing an active and suitable program of guardianship for | 13 |
| 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 | 15 |
| guardian is capable of providing an active and suitable program | 16 |
| of guardianship for the minor and that the proposed guardian: | 17 |
| (1) has attained the age of 18 years; | 18 |
| (2) is a resident of the United States; | 19 |
| (3) is not of unsound mind; | 20 |
| (4) is not an adjudged disabled person as defined in | 21 |
| this Act; and | 22 |
| (5) has not been convicted of a felony, unless the | 23 |
| court finds appointment of the person convicted of a felony | 24 |
| to be in the minor's best interests . | 25 |
| One person may be appointed guardian of the
person and | 26 |
| another person appointed guardian of the estate.
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| (b) The Department of Human Services
or the Department of | 28 |
| Children and Family Services may with the approval
of the court | 29 |
| 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 | 31 |
| hospital or
a resident in a State institution when the value of | 32 |
| the personal estate
does not exceed $1,000.
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SB0658 |
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LRB094 09010 LCB 39231 b |
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| (Source: P.A. 89-507, eff. 7-1-97; 90-430, eff. 8-16-97; | 2 |
| 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 | 6 |
| resident of the United States, is not of unsound
mind, is not | 7 |
| an adjudged disabled person as defined in this Act, has
not | 8 |
| been convicted of a felony, and who the court finds is capable | 9 |
| of
providing an active and suitable program of guardianship for | 10 |
| the disabled
person is qualified to act as guardian of the | 11 |
| person and as guardian of the
estate if the court finds that | 12 |
| the proposed guardian is capable of providing an active and | 13 |
| suitable program of guardianship for the disabled person and | 14 |
| that the proposed guardian: | 15 |
| (1) has attained the age of 18 years; | 16 |
| (2) is a resident of the United States; | 17 |
| (3) is not of unsound mind; | 18 |
| (4) is not an adjudged disabled person as defined in | 19 |
| this Act; and | 20 |
| (5) has not been convicted of a felony, unless the | 21 |
| court finds appointment of the person convicted of a felony | 22 |
| to be in the disabled person's best interests
of a disabled | 23 |
| person .
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| (b) Any public agency, or not-for-profit corporation found | 25 |
| capable by
the court of providing an active and suitable | 26 |
| program of guardianship for
the disabled person, taking into | 27 |
| consideration the nature of such person's
disability and the | 28 |
| 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 | 30 |
| disabled person.
The court shall not appoint as guardian an | 31 |
| agency which is directly
providing residential services to the | 32 |
| ward. One person or agency may be
appointed guardian of the | 33 |
| person and another person or agency appointed
guardian of the | 34 |
| estate.
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| (c) Any corporation qualified to accept and execute trusts |
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SB0658 |
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LRB094 09010 LCB 39231 b |
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| in this State
may be appointed guardian of the estate of a | 2 |
| 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 | 5 |
| becoming law.
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