Full Text of SB2015 97th General Assembly
SB2015enr 97TH GENERAL ASSEMBLY |
| | SB2015 Enrolled | | LRB097 10113 AJO 50295 b |
|
| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Probate Act of 1975 is amended by changing | 5 | | Section 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 | 9 | | Article, pending an appeal in relation to the
appointment, or
| 10 | | pending the
completion of a citation proceeding brought | 11 | | pursuant to Section 23-3 of this
Act,
or upon a guardian's | 12 | | death, incapacity, or resignation, the court may appoint a | 13 | | temporary guardian upon a showing of the necessity
therefor for | 14 | | the immediate welfare and protection of the alleged
disabled | 15 | | person or his or her estate
on such notice and subject to such | 16 | | conditions as the court may prescribe.
In determining the | 17 | | necessity for temporary guardianship, the immediate
welfare | 18 | | and protection of the alleged disabled person and his or her | 19 | | estate
shall be
of paramount concern, and the interests of the | 20 | | petitioner, any care provider,
or any other party shall not | 21 | | outweigh the interests of the alleged disabled
person.
The | 22 | | temporary guardian shall have all of the powers and duties of a | 23 | | guardian
of the person or of the estate which are specifically |
| | | SB2015 Enrolled | - 2 - | LRB097 10113 AJO 50295 b |
|
| 1 | | enumerated by court
order. The court order shall state the | 2 | | actual harm identified by the court
that necessitates temporary | 3 | | guardianship or any extension thereof . | 4 | | (b) The temporary guardianship shall
expire within 60 days | 5 | | after the
appointment or whenever a guardian is regularly | 6 | | appointed, whichever occurs
first. No extension shall be | 7 | | granted except:
Except pending the disposition on appeal of an | 8 | | adjudication of disability, no
extension shall be granted.
| 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 11a-8 | 23 | | so long as the court finds it is in the best interest of | 24 | | the alleged disabled person to extend the temporary | 25 | | guardianship so as to protect the alleged disabled person | 26 | | from any potential abuse, neglect, self-neglect, |
| | | SB2015 Enrolled | - 3 - | LRB097 10113 AJO 50295 b |
|
| 1 | | exploitation, or other harm and such extension lasts no | 2 | | more than 120 days from the date the temporary guardian was | 3 | | originally appointed. | 4 | | The However, the ward shall have the right any time after | 5 | | the appointment
of a temporary guardian is made to petition the | 6 | | court to revoke the appointment
of the temporary guardian.
| 7 | | (Source: P.A. 89-396, eff. 8-20-95; 90-250, eff. 7-29-97.)
|
|