Full Text of HB4884 103rd General Assembly
HB4884 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB4884 Introduced 2/7/2024, by Rep. Terra Costa Howard SYNOPSIS AS INTRODUCED: | | 755 ILCS 5/11a-3 | from Ch. 110 1/2, par. 11a-3 | 755 ILCS 5/11a-4 | |
| Amends the Probate Act of 1975. Provides that if guardianship is necessary and the petition for guardianship is filed by a person, corporation, nonprofit organization, or other entity with no legally recognized relationship to the alleged person with a disability, the court shall appoint the county public guardian as temporary and permanent guardian. |
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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 | | Sections 11a-3 and 11a-4 as follows: | 6 | | (755 ILCS 5/11a-3) (from Ch. 110 1/2, par. 11a-3) | 7 | | Sec. 11a-3. Adjudication of disability; Power to appoint | 8 | | guardian. | 9 | | (a) Upon the filing of a petition by a reputable person or | 10 | | by the alleged person with a disability himself or on its own | 11 | | motion, the court may adjudge a person to be a person with a | 12 | | disability, but only if it has been demonstrated by clear and | 13 | | convincing evidence that the person is a person with a | 14 | | disability as defined in Section 11a-2. If the court adjudges | 15 | | a person to be a person with a disability, the court may | 16 | | appoint (1) a guardian of his person, if it has been | 17 | | demonstrated by clear and convincing evidence that because of | 18 | | his disability he lacks sufficient understanding or capacity | 19 | | to make or communicate responsible decisions concerning the | 20 | | care of his person, or (2) a guardian of his estate, if it has | 21 | | been demonstrated by clear and convincing evidence that | 22 | | because of his disability he is unable to manage his estate or | 23 | | financial affairs, or (3) a guardian of his person and of his |
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| 1 | | estate , (4) the . The court may appoint co-guardians in | 2 | | accordance with Section 11a-15 , or (5) if a petition for | 3 | | guardianship is filed by a person, corporation, nonprofit | 4 | | organization, or other entity with no legally recognized | 5 | | relationship to the alleged person with a disability, the | 6 | | court shall appoint the county public guardian as the guardian | 7 | | of the person or estate or both if the requirements of this | 8 | | Section are met . | 9 | | (b) Guardianship shall be utilized only as is necessary to | 10 | | promote the well-being of the person with a disability, to | 11 | | protect him from neglect, exploitation, or abuse, and to | 12 | | encourage development of his maximum self-reliance and | 13 | | independence. Guardianship shall be ordered only to the extent | 14 | | necessitated by the individual's actual mental, physical and | 15 | | adaptive limitations. The order shall conform with Sections | 16 | | 11a-12 and 11a-14. | 17 | | (Source: P.A. 102-72, eff. 1-1-22 .) | 18 | | (755 ILCS 5/11a-4) | 19 | | Sec. 11a-4. Temporary guardian. | 20 | | (a) Prior to the appointment of a guardian under this | 21 | | Article, pending an appeal in relation to the appointment, or | 22 | | pending the completion of a citation proceeding brought | 23 | | pursuant to Section 23-3 of this Act, or upon a guardian's | 24 | | death, incapacity, or resignation, the court may appoint a | 25 | | temporary guardian upon a showing of the necessity therefor |
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| 1 | | for the immediate welfare and protection of the alleged person | 2 | | with a disability or his or her estate and subject to such | 3 | | conditions as the court may prescribe. In cases in which a | 4 | | petition for guardianship of a person alleged person with a | 5 | | disability is filed by a person, corporation, nonprofit, or | 6 | | other entity with no legally recognized relationship to that | 7 | | person, the court shall appoint the county public guardian as | 8 | | temporary guardian of that person under this Section. A | 9 | | petition for the appointment of a temporary guardian for an | 10 | | alleged person with a disability shall be filed at the time of | 11 | | or subsequent to the filing of a petition for adjudication of | 12 | | disability and appointment of a guardian. The petition for the | 13 | | appointment of a temporary guardian shall state the facts upon | 14 | | which it is based and the name, the post office address, and, | 15 | | in the case of an individual, the age and occupation of the | 16 | | proposed temporary guardian. In determining the necessity for | 17 | | temporary guardianship, the immediate welfare and protection | 18 | | of the alleged person with a disability and his or her estate | 19 | | 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 person with a | 22 | | disability. The temporary guardian shall have the limited | 23 | | powers and duties of a guardian of the person or of the estate | 24 | | which are specifically enumerated by court order. The court | 25 | | order shall state the actual harm identified by the court that | 26 | | necessitates temporary guardianship or any extension thereof. |
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| 1 | | (a-5) Notice of the time and place of the hearing on a | 2 | | petition for the appointment of a temporary guardian shall be | 3 | | given, not less than 3 days before the hearing, by mail or in | 4 | | person to the alleged person with a disability, to the | 5 | | proposed temporary guardian, and to those persons whose names | 6 | | and addresses are listed in the petition for adjudication of | 7 | | disability and appointment of a guardian under Section 11a-8. | 8 | | The court, upon a finding of good cause, may waive the notice | 9 | | requirement under this subsection. | 10 | | (a-10) Notice of the time and place of the hearing on a | 11 | | petition to revoke the appointment of a temporary guardian | 12 | | shall be given, not less than 3 days before the hearing, by | 13 | | mail or in person to the temporary guardian, to the petitioner | 14 | | on whose petition the temporary guardian was appointed, and to | 15 | | those persons whose names and addresses are listed in the | 16 | | petition for adjudication of disability and appointment of a | 17 | | guardian under Section 11a-8. The court, upon a finding of | 18 | | good cause, may waive the notice requirements under this | 19 | | subsection. | 20 | | (b) The temporary guardianship shall expire within 60 days | 21 | | after the appointment or whenever a guardian is regularly | 22 | | appointed, whichever occurs first. No extension shall be | 23 | | granted except: | 24 | | (1) In a case where there has been an adjudication of | 25 | | disability, an extension shall be granted: | 26 | | (i) pending the disposition on appeal of an |
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| 1 | | adjudication of disability; | 2 | | (ii) pending the completion of a citation | 3 | | proceeding brought pursuant to Section 23-3; | 4 | | (iii) pending the appointment of a successor | 5 | | guardian in a case where the former guardian has | 6 | | resigned, has become incapacitated, or is deceased; or | 7 | | (iv) where the guardian's powers have been | 8 | | suspended pursuant to a court order. | 9 | | (2) In a case where there has not been an adjudication | 10 | | of disability, an extension shall be granted pending the | 11 | | disposition of a petition brought pursuant to Section | 12 | | 11a-8 so long as the court finds it is in the best | 13 | | interests of the alleged person with a disability to | 14 | | extend the temporary guardianship so as to protect the | 15 | | alleged person with a disability from any potential abuse, | 16 | | neglect, self-neglect, exploitation, or other harm and | 17 | | such extension lasts no more than 120 days from the date | 18 | | the temporary guardian was originally appointed. | 19 | | The ward shall have the right any time after the | 20 | | appointment of a temporary guardian is made to petition the | 21 | | court to revoke the appointment of the temporary guardian. | 22 | | (Source: P.A. 102-72, eff. 1-1-22; 102-120, eff 7-23-21; | 23 | | 102-687, eff. 12-17-21.) |
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