Full Text of SB1046 98th General Assembly
SB1046sam001 98TH GENERAL ASSEMBLY | Sen. Ira I. Silverstein Filed: 4/17/2014
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| 1 | | AMENDMENT TO SENATE BILL 1046
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1046 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Guardianship and Advocacy Act is amended by | 5 | | adding Section 33.5 as follows: | 6 | | (20 ILCS 3955/33.5 new) | 7 | | Sec. 33.5. Guardianship training program. The State | 8 | | Guardian shall provide a training program that outlines the | 9 | | duties and responsibilities of guardians appointed under | 10 | | Article XIa of the Probate Act of 1975. The training program | 11 | | shall be offered to courts at no
cost, and shall outline the | 12 | | responsibilities of guardians and the rights of disabled | 13 | | persons in guardianships
under Article XIa of the Probate Act | 14 | | of 1975. In developing the training program content, the State | 15 | | Guardian may
consult with the courts, State and national | 16 | | guardianship organizations, public guardians, advocacy |
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| 1 | | organizations, and persons and family members with direct | 2 | | experience with adult guardianship. | 3 | | Section 10. The Probate Act of 1975 is amended by changing | 4 | | Sections 11a-5, 11a-21, 13-1, and 13-1.2 as follows:
| 5 | | (755 ILCS 5/11a-5) (from Ch. 110 1/2, par. 11a-5)
| 6 | | Sec. 11a-5. Who may act as guardian.
| 7 | | (a) A person is qualified to act as guardian of the person | 8 | | and as guardian of the
estate of a disabled person if the court | 9 | | finds that the proposed guardian is capable of providing an | 10 | | active and suitable program of guardianship for the disabled | 11 | | person and that the proposed guardian: | 12 | | (1) has attained the age of 18 years; | 13 | | (2) is a resident of the United States; | 14 | | (3) is not of unsound mind; | 15 | | (4) is not an adjudged disabled person as defined in | 16 | | this Act; and | 17 | | (5) has not been convicted of a felony, unless the | 18 | | court finds appointment of the person convicted of a felony | 19 | | to be in the disabled person's best interests, and as part | 20 | | of the best interest determination, the court has | 21 | | considered the nature of the offense, the date of offense, | 22 | | and the evidence of the proposed guardian's | 23 | | rehabilitation. No person shall be appointed who has been | 24 | | convicted of a felony involving harm or threat to a minor |
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| 1 | | or an elderly or disabled person, including a felony sexual | 2 | | offense ; and .
| 3 | | (6) has completed a training program, developed by the | 4 | | State Guardian in accordance with Section 33.5 of the | 5 | | Guardianship and Advocacy Act or by another suitable | 6 | | provider approved by the court, that outlines the | 7 | | responsibilities of guardians and the rights of disabled | 8 | | persons, and has been made available at no cost by the | 9 | | court or another suitable provider approved by the court. | 10 | | (b) Any public agency, or not-for-profit corporation found | 11 | | capable by
the court of providing an active and suitable | 12 | | program of guardianship for
the disabled person, taking into | 13 | | consideration the nature of such person's
disability and the | 14 | | nature of such organization's services, may be appointed
| 15 | | guardian of the person or of the estate, or both, of the | 16 | | disabled person.
The court shall not appoint as guardian an | 17 | | agency which is directly
providing residential services to the | 18 | | ward. One person or agency may be
appointed guardian of the | 19 | | person and another person or agency appointed
guardian of the | 20 | | estate.
| 21 | | (c) Any corporation qualified to accept and execute trusts | 22 | | in this State
may be appointed guardian of the estate of a | 23 | | disabled person.
| 24 | | (d) Public guardians, state guardians, attorneys currently | 25 | | authorized to practice law, and persons who are certified as | 26 | | National Certified Guardians by the Center for Guardianship |
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| 1 | | Certification are exempt from the training requirement under | 2 | | paragraph (6) of subsection (a) of this Section. | 3 | | (Source: P.A. 98-120, eff. 1-1-14.)
| 4 | | (755 ILCS 5/11a-21) (from Ch. 110 1/2, par. 11a-21)
| 5 | | Sec. 11a-21. Hearing. (a) The court shall conduct a hearing | 6 | | on a petition
filed under Section 11a-20. The ward is entitled | 7 | | to be represented by counsel,
to demand a jury of 6 persons, to | 8 | | present evidence and to confront and cross-examine
all | 9 | | witnesses. The court (1) may appoint counsel for the ward, if | 10 | | the court
finds that the interests of the ward will be best | 11 | | served by the appointment
and (2) shall appoint counsel upon | 12 | | the ward's request or if the respondent
takes a position | 13 | | adverse to that of the guardian ad litem. The court may
allow | 14 | | the guardian ad litem and counsel for the ward reasonable | 15 | | compensation.
| 16 | | (b) If the ward is unable to pay the fee of the guardian ad | 17 | | litem or appointed
counsel, or both, the court shall enter an | 18 | | order upon the State to pay,
from funds appropriated by the | 19 | | General Assembly for that purpose, all such
fees or such | 20 | | amounts as the ward is unable to pay.
| 21 | | (c) Upon conclusion of the hearing, the court shall enter | 22 | | an order setting
forth the factual basis for its findings and | 23 | | may: (1) dismiss the petition;
(2) terminate the adjudication | 24 | | of disability; (3) revoke the letters of
guardianship of the | 25 | | estate or person, or both; (4) modify the duties of
the |
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| 1 | | guardian; and (5) require the guardian to complete a training | 2 | | program as provided in subdivision (a)(6) of Section 11a-5 of | 3 | | this Act; and (6) make any other order which the court deems | 4 | | appropriate
and in the interests of the ward.
| 5 | | (Source: P.A. 81-1509.)
| 6 | | (755 ILCS 5/13-1) (from Ch. 110 1/2, par. 13-1)
| 7 | | Sec. 13-1. Appointment and term of public administrator and | 8 | | public guardian.)
Except as provided in Section 13-1.1, before | 9 | | the first Monday of December,
1977 and every 4 years | 10 | | thereafter, and as often as vacancies occur, the
Governor, by | 11 | | and with the advice and consent of the Senate, shall
appoint in | 12 | | each county a suitable person to serve as public
administrator | 13 | | and a suitable person to serve as public guardian of the | 14 | | county.
The Governor may designate, without the advice and | 15 | | consent of the Senate, the Office of State Guardian as an | 16 | | interim public guardian to fill a vacancy in one or more | 17 | | counties. When appointed as an interim public guardian, the | 18 | | State Guardian will perform the powers and duties assigned | 19 | | under the Guardianship and Advocacy Act. The Governor may | 20 | | appoint the same person to serve as public guardian and public | 21 | | administrator in one or more counties. In considering the | 22 | | number of counties of service for any prospective public | 23 | | guardian or public administrator the Governor may consider the | 24 | | population of the county and the ability of the prospective | 25 | | public guardian or public administrator to travel to multiple |
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| 1 | | counties and manage estates in multiple counties. Each person | 2 | | so appointed holds his office for
4 years from the first Monday | 3 | | of December, 1977 and every 4 years
thereafter or until his | 4 | | successor is appointed and qualified.
| 5 | | (Source: P.A. 96-752, eff. 1-1-10.)
| 6 | | (755 ILCS 5/13-1.2) | 7 | | Sec. 13-1.2. Certification requirement. Each person | 8 | | appointed as a public guardian by the Governor shall be | 9 | | certified as a National Certified Guardian by the Center for | 10 | | Guardianship Certification within 6 months after his or her | 11 | | appointment. The Guardianship and Advocacy Commission shall | 12 | | provide public guardians with information about certification | 13 | | requirements and procedures for testing and certification | 14 | | offered by professional training opportunities and facilitate | 15 | | testing and certification opportunities at locations in | 16 | | Springfield and Chicago with the Center for Guardianship | 17 | | Certification. The cost of certification shall be considered an | 18 | | expense connected with the operation of the public guardian's | 19 | | office within the meaning of subsection (b) of Section 13-3.1 | 20 | | of this Article.
| 21 | | (Source: P.A. 96-752, eff. 1-1-10.)
| 22 | | Section 99. Effective date. This Act takes effect one year | 23 | | after becoming law.".
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