Full Text of HB2665 100th General Assembly
HB2665ham001 100TH GENERAL ASSEMBLY | Rep. William Davis Filed: 3/22/2017
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| 1 | | AMENDMENT TO HOUSE BILL 2665
| 2 | | AMENDMENT NO. ______. Amend House Bill 2665 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 a guardian and the rights of a person with | 13 | | a disability in a guardianship proceeding
under Article XIa of | 14 | | the Probate Act of 1975. In developing the training program | 15 | | content, the State Guardian shall
consult with the courts, | 16 | | State and national guardianship organizations, public |
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| 1 | | guardians, advocacy organizations, and persons and family | 2 | | members with direct experience with adult guardianship. In the | 3 | | preparation and dissemination of training materials, the State | 4 | | Guardian shall give due consideration to making the training | 5 | | materials accessible to persons with disabilities. | 6 | | Section 10. The Probate Act of 1975 is amended by changing | 7 | | Sections 11a-12, 11a-21, 13-1, and 13-1.2 as follows:
| 8 | | (755 ILCS 5/11a-12) (from Ch. 110 1/2, par. 11a-12)
| 9 | | Sec. 11a-12. Order of appointment.) | 10 | | (a) If basis for the
appointment of a guardian as specified | 11 | | in Section 11a-3 is not found,
the court shall dismiss the | 12 | | petition.
| 13 | | (b) If the respondent is adjudged to be a person with a | 14 | | disability and to lack some but not all of the capacity as | 15 | | specified in Section 11a-3, and if the court finds that
| 16 | | guardianship is necessary for the protection of the person with | 17 | | a disability, his or her estate, or both, the court shall | 18 | | appoint a
limited guardian for the respondent's person or | 19 | | estate or both. The
court shall enter a written order stating
| 20 | | the factual basis for its findings and specifying the duties | 21 | | and powers of the guardian and the legal disabilities to which | 22 | | the respondent is subject.
| 23 | | (c) If the respondent is adjudged to be a person with a | 24 | | disability and to be totally without capacity as specified in |
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| 1 | | Section 11a-3, and if the court finds
that limited guardianship | 2 | | will not provide sufficient protection for the person with a | 3 | | disability, his
or her estate, or both, the court shall
appoint | 4 | | a plenary guardian for the respondent's person or estate or | 5 | | both.
The court shall enter a written order stating the factual | 6 | | basis
for its findings.
| 7 | | (d) The selection of the guardian shall be in the | 8 | | discretion
of the court, which shall give due consideration to | 9 | | the preference of the
person with a disability as to a | 10 | | guardian, as well as the qualifications of the
proposed | 11 | | guardian, in making its appointment. However, the paramount | 12 | | concern in the selection of the guardian is the best interest | 13 | | and well-being of the person with a disability.
| 14 | | (e) The order of appointment of a guardian of the person in | 15 | | any county with a population of less than 3 million shall | 16 | | include the requirement that the guardian of the person | 17 | | complete the training program as provided in Section 33.5 of | 18 | | the Guardianship and Advocacy Act that outlines the | 19 | | responsibilities of the guardian of the person and the rights | 20 | | of the person under guardianship and file with the court a | 21 | | certificate of completion one year from the date of issuance of | 22 | | the letters of guardianship, except that: (1) the chief judge | 23 | | of any circuit may order implementation of another training | 24 | | program by a suitable provider containing substantially | 25 | | similar content; (2) employees of the Office of the State | 26 | | Guardian, public guardians, attorneys currently authorized to |
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| 1 | | practice law, corporate fiduciaries, and persons certified by | 2 | | the Center for Guardianship Certification are exempt from this | 3 | | training requirement; and (3) the court may, for good cause | 4 | | shown, exempt from this requirement an individual not otherwise | 5 | | listed in item (2). | 6 | | (Source: P.A. 98-1094, eff. 1-1-15; 99-143, eff. 7-27-15.)
| 7 | | (755 ILCS 5/11a-21) (from Ch. 110 1/2, par. 11a-21)
| 8 | | Sec. 11a-21. Hearing. (a) The court shall conduct a hearing | 9 | | on a petition
filed under Section 11a-20. The ward is entitled | 10 | | to be represented by counsel,
to demand a jury of 6 persons, to | 11 | | present evidence and to confront and cross-examine
all | 12 | | witnesses. The court (1) may appoint counsel for the ward, if | 13 | | the court
finds that the interests of the ward will be best | 14 | | served by the appointment
and (2) shall appoint counsel upon | 15 | | the ward's request or if the respondent
takes a position | 16 | | adverse to that of the guardian ad litem. The court may
allow | 17 | | the guardian ad litem and counsel for the ward reasonable | 18 | | compensation.
| 19 | | (b) If the ward is unable to pay the fee of the guardian ad | 20 | | litem or appointed
counsel, or both, the court shall enter an | 21 | | order upon the State to pay,
from funds appropriated by the | 22 | | General Assembly for that purpose, all such
fees or such | 23 | | amounts as the ward is unable to pay.
| 24 | | (c) Upon conclusion of the hearing, the court shall enter | 25 | | an order setting
forth the factual basis for its findings and |
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| 1 | | may: (1) dismiss the petition;
(2) terminate the adjudication | 2 | | of disability; (3) revoke the letters of
guardianship of the | 3 | | estate or person, or both; (4) modify the duties of
the | 4 | | guardian; and (5) require the guardian to complete a training | 5 | | program as provided in subsection (e) of Section 11a-12 of this | 6 | | Act; and (6) make any other order which the court deems | 7 | | appropriate
and in the interests of the ward.
| 8 | | (Source: P.A. 81-1509.)
| 9 | | (755 ILCS 5/13-1) (from Ch. 110 1/2, par. 13-1)
| 10 | | Sec. 13-1. Appointment and term of public administrator and | 11 | | public guardian.)
Except as provided in Section 13-1.1, before | 12 | | the first Monday of December,
1977 and every 4 years | 13 | | thereafter, and as often as vacancies occur, the
Governor, by | 14 | | and with the advice and consent of the Senate, shall
appoint in | 15 | | each county a suitable person to serve as public
administrator | 16 | | and a suitable person to serve as public guardian of the | 17 | | county.
The Governor may designate, without the advice and | 18 | | consent of the Senate, the Office of State Guardian as an | 19 | | interim public guardian to fill a vacancy in one or more | 20 | | counties having a population of 500,000 or less if the | 21 | | designation: | 22 | | (1) is specifically designated as an interim | 23 | | appointment for a term of the lesser of one year or until | 24 | | the Governor appoints, with the advice and consent of the | 25 | | Senate, a county public guardian to fill the vacancy; |
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| 1 | | (2) requires the Office of State Guardian to affirm its | 2 | | availability to act in the county; and | 3 | | (3) expires in a pending case of a person with a | 4 | | disability in the county at such a time as the court | 5 | | appoints a qualified successor guardian of the estate and | 6 | | person for the person with a disability. | 7 | | When appointed as an interim public guardian, the State | 8 | | Guardian will perform the powers and duties assigned under the | 9 | | Guardianship and Advocacy Act. | 10 | | The Governor may appoint the same person to serve as public | 11 | | guardian and public administrator in one or more counties. In | 12 | | considering the number of counties of service for any | 13 | | prospective public guardian or public administrator the | 14 | | Governor may consider the population of the county and the | 15 | | ability of the prospective public guardian or public | 16 | | administrator to travel to multiple counties and manage estates | 17 | | in multiple counties. Each person so appointed holds his office | 18 | | for
4 years from the first Monday of December, 1977 and every 4 | 19 | | years
thereafter or until his successor is appointed and | 20 | | qualified.
| 21 | | (Source: P.A. 96-752, eff. 1-1-10.)
| 22 | | (755 ILCS 5/13-1.2) | 23 | | Sec. 13-1.2. Certification requirement. Each person | 24 | | appointed as a public guardian by the Governor shall be | 25 | | certified as a National Certified Guardian by the Center for |
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| 1 | | Guardianship Certification within 6 months after his or her | 2 | | appointment. The Guardianship and Advocacy Commission shall | 3 | | provide public guardians with information about certification | 4 | | requirements and procedures for testing and certification | 5 | | offered by professional training opportunities and facilitate | 6 | | testing and certification opportunities at locations in | 7 | | Springfield and Chicago with the Center for Guardianship | 8 | | Certification. The cost of certification shall be considered an | 9 | | expense connected with the operation of the public guardian's | 10 | | office within the meaning of subsection (b) of Section 13-3.1 | 11 | | of this Article.
| 12 | | (Source: P.A. 96-752, eff. 1-1-10.)
| 13 | | Section 99. Effective date. This Act takes effect one year | 14 | | after becoming law.".
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