Full Text of HB4366 102nd General Assembly
HB4366 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB4366 Introduced 1/5/2022, by Rep. William Davis SYNOPSIS AS INTRODUCED: |
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755 ILCS 5/11a-12 | from Ch. 110 1/2, par. 11a-12 |
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Amends the Guardians For Adults With Disabilities Article of the Probate Act of 1975. Removes a provision that exempts a guardian of the person appointed in county with a population of more than 3,000,000 from completing a training program created under the Guardianship and Advocacy Act.
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| | A BILL FOR |
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| 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-12 as follows:
| 6 | | (755 ILCS 5/11a-12) (from Ch. 110 1/2, par. 11a-12)
| 7 | | (Text of Section before amendment by P.A. 102-72 )
| 8 | | Sec. 11a-12. Order of appointment.) | 9 | | (a) If basis for the
appointment of a guardian as | 10 | | specified in Section 11a-3 is not found,
the court shall | 11 | | dismiss the petition.
| 12 | | (b) If the respondent is adjudged to be a person with a | 13 | | disability and to lack some but not all of the capacity as | 14 | | specified in Section 11a-3, and if the court finds that
| 15 | | guardianship is necessary for the protection of the person | 16 | | with a disability, his or her estate, or both, the court shall | 17 | | appoint a
limited guardian for the respondent's person or | 18 | | estate or both. The
court shall enter a written order stating
| 19 | | the factual basis for its findings and specifying the duties | 20 | | and powers of the guardian and the legal disabilities to which | 21 | | the respondent is subject.
| 22 | | (c) If the respondent is adjudged to be a person with a | 23 | | 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 | 2 | | guardianship will not provide sufficient protection for the | 3 | | person with a disability, his
or her estate, or both, the court | 4 | | shall
appoint a plenary guardian for the respondent's person | 5 | | or estate or both.
The court shall enter a written order | 6 | | stating the factual 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 | 22 | | of the letters of guardianship, except that: (1) the chief | 23 | | judge of any circuit may order implementation of another | 24 | | training program by a suitable provider containing | 25 | | substantially similar content; (2) employees of the Office of | 26 | | the State Guardian, public guardians, attorneys currently |
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| 1 | | authorized to practice law, corporate fiduciaries, and persons | 2 | | certified by the Center for Guardianship Certification are | 3 | | exempt from this training requirement; and (3) the court may, | 4 | | for good cause shown, exempt from this requirement an | 5 | | individual not otherwise listed in item (2). For the purposes | 6 | | of this subsection (e), good cause may be proven by affidavit. | 7 | | If the court finds good cause to exempt an individual from the | 8 | | training requirement, the order of appointment shall so state. | 9 | | (Source: P.A. 99-143, eff. 7-27-15; 100-483, eff. 9-8-18 .)
| 10 | | (Text of Section after amendment by P.A. 102-72 ) | 11 | | Sec. 11a-12. Order of appointment. | 12 | | (a) If basis for the
appointment of a guardian as | 13 | | specified in Section 11a-3 is not found,
the court shall | 14 | | dismiss the petition.
| 15 | | (b) If the respondent is adjudged to be a person with a | 16 | | disability and to lack some but not all of the capacity as | 17 | | specified in Section 11a-3, and if the court finds that
| 18 | | guardianship is necessary for the protection of the person | 19 | | with a disability, his or her estate, or both, the court shall | 20 | | appoint a
limited guardian for the respondent's person or | 21 | | estate or both. The
court shall enter a written order stating
| 22 | | the factual basis for its findings and specifying the duties | 23 | | and powers of the guardian and the legal disabilities to which | 24 | | the respondent is subject.
| 25 | | (c) If the respondent is adjudged to be a person with a |
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| 1 | | disability and to be totally without capacity as specified in | 2 | | Section 11a-3, and if the court finds
that limited | 3 | | guardianship will not provide sufficient protection for the | 4 | | person with a disability, his
or her estate, or both, the court | 5 | | shall
appoint a plenary guardian for the respondent's person | 6 | | or estate or both.
The court shall enter a written order | 7 | | stating the factual basis
for its findings.
| 8 | | (d) The selection of the guardian shall be in the | 9 | | discretion
of the court, which shall give due consideration to | 10 | | the preference of the
person with a disability as to a | 11 | | guardian, as well as the qualifications of the
proposed | 12 | | guardian, in making its appointment. However, the paramount | 13 | | concern in the selection of the guardian is the best interests | 14 | | and well-being of the person with a disability.
| 15 | | One person or agency may be appointed a limited or plenary | 16 | | guardian of the person and another person or corporate trustee | 17 | | appointed as a limited or plenary guardian of the estate. If | 18 | | different persons are appointed, the court shall consider the | 19 | | factors set forth in subsection (b-5) of Section 11a-5. The | 20 | | court shall enter a written order stating the factual basis | 21 | | for its findings. | 22 | | (e) The order of appointment of a guardian of the person in | 23 | | any county with a population of less than 3 million shall | 24 | | include the requirement that the guardian of the person | 25 | | complete the training program as provided in Section 33.5 of | 26 | | the Guardianship and Advocacy Act that outlines the |
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| 1 | | responsibilities of the guardian of the person and the rights | 2 | | of the person under guardianship and file with the court a | 3 | | certificate of completion one year from the date of issuance | 4 | | of the letters of guardianship, except that: (1) the chief | 5 | | judge of any circuit may order implementation of another | 6 | | training program by a suitable provider containing | 7 | | substantially similar content; (2) employees of the Office of | 8 | | the State Guardian, public guardians, attorneys currently | 9 | | authorized to practice law, corporate fiduciaries, and persons | 10 | | certified by the Center for Guardianship Certification are | 11 | | exempt from this training requirement; and (3) the court may, | 12 | | for good cause shown, exempt from this requirement an | 13 | | individual not otherwise listed in item (2). For the purposes | 14 | | of this subsection (e), good cause may be proven by affidavit. | 15 | | If the court finds good cause to exempt an individual from the | 16 | | training requirement, the order of appointment shall so state. | 17 | | (Source: P.A. 102-72, eff. 1-1-22.)
| 18 | | Section 95. No acceleration or delay. Where this Act makes | 19 | | changes in a statute that is represented in this Act by text | 20 | | that is not yet or no longer in effect (for example, a Section | 21 | | represented by multiple versions), the use of that text does | 22 | | not accelerate or delay the taking effect of (i) the changes | 23 | | made by this Act or (ii) provisions derived from any other | 24 | | Public Act.
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