Full Text of HB4985 97th General Assembly
HB4985ham001 97TH GENERAL ASSEMBLY | Rep. Sara Feigenholtz Filed: 2/22/2012
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| 1 | | AMENDMENT TO HOUSE BILL 4985
| 2 | | AMENDMENT NO. ______. Amend House Bill 4985 on page 1, line | 3 | | 5, by replacing "Sections 31 and 32" with "Section 31"; and | 4 | | on page 1 by deleting line 22; and | 5 | | by deleting all of page 2; and | 6 | | on page 3 by deleting lines 1 through 14; and | 7 | | on page 4, line 9, by replacing " public guardian " with " public | 8 | | guardian, any State agency under the jurisdiction of the | 9 | | Governor "; and | 10 | | on page 7, line 5, by replacing "13-1, and 13-5" with "11a-20, | 11 | | and 13-1"; and | 12 | | on page 9 by inserting immediately below line 1 the following:
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| 1 | | "(755 ILCS 5/11a-20) (from Ch. 110 1/2, par. 11a-20)
| 2 | | Sec. 11a-20.
Termination of adjudication of disability - | 3 | | Revocation
of letters - modification.) (a) Upon the filing of
a | 4 | | petition by or on behalf of a disabled person or on its own | 5 | | motion, the
court may terminate the adjudication of disability | 6 | | of the ward, revoke the
letters of guardianship of the estate | 7 | | or person, or both, or modify the duties
of the guardian unless | 8 | | it has been demonstrated by clear and convincing evidence that | 9 | | the ward is incapable of performing if the ward's capacity to | 10 | | perform the tasks necessary for
the care of his person or the | 11 | | management of his estate has been
demonstrated by clear and | 12 | | convincing evidence . A report or testimony by a
licensed | 13 | | physician is not a prerequisite for termination, revocation or
| 14 | | modification of a guardianship order.
| 15 | | (b) A request by the ward or any other person on the ward's | 16 | | behalf,
under this Section may be communicated to the court or | 17 | | judge by any means,
including but not limited to informal | 18 | | letter, telephone call or visit. Upon
receipt of a request from | 19 | | the ward or another person, the court may
appoint a guardian ad | 20 | | litem to investigate and report to the court
concerning the | 21 | | allegations made in conjunction with said request, and if
the | 22 | | ward wishes to terminate, revoke, or modify the guardianship | 23 | | order, to
prepare the ward's petition and to render such other | 24 | | services as the court
directs.
| 25 | | (c) Notice of the hearing on a petition under this Section, |
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| 1 | | together
with a copy of the petition, shall be given to the | 2 | | ward, unless he is the
petitioner, and to each and every | 3 | | guardian to whom letters of guardianship
have been issued and | 4 | | not revoked, not less than 14 days before the hearing.
| 5 | | (Source: P.A. 86-605.)"; and
| 6 | | on page 10 by deleting lines 16 through 25; and | 7 | | by deleting all of pages 11 through 14.
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