Full Text of HB4884 103rd General Assembly
HB4884ham002 103RD GENERAL ASSEMBLY | Rep. Terra Costa Howard Filed: 3/27/2024 | | 10300HB4884ham002 | | LRB103 36924 JRC 71401 a |
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| 1 | | AMENDMENT TO HOUSE BILL 4884
| 2 | | AMENDMENT NO. ______. Amend House Bill 4884 by replacing | 3 | | everything after the enacting clause with the following: | 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 |
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| 1 | | demonstrated by clear and convincing evidence that because of | 2 | | his disability he lacks sufficient understanding or capacity | 3 | | to make or communicate responsible decisions concerning the | 4 | | care of his person, or (2) a guardian of his estate, if it has | 5 | | been demonstrated by clear and convincing evidence that | 6 | | because of his disability he is unable to manage his estate or | 7 | | financial affairs, or (3) a guardian of his person and of his | 8 | | estate , or (4) . The court may appoint co-guardians in | 9 | | accordance with Section 11a-15 . If a petition for guardianship | 10 | | is filed by a corporation, nonprofit organization, or other | 11 | | entity with no legally recognized relationship to the alleged | 12 | | person with a disability, the court shall appoint the State | 13 | | Guardian or county public guardian as the guardian of the | 14 | | person or estate or both if the requirements of this Section | 15 | | are met except in cases in counties in which there is no | 16 | | sitting public guardian . | 17 | | (b) Guardianship shall be utilized only as is necessary to | 18 | | promote the well-being of the person with a disability, to | 19 | | protect him from neglect, exploitation, or abuse, and to | 20 | | encourage development of his maximum self-reliance and | 21 | | independence. Guardianship shall be ordered only to the extent | 22 | | necessitated by the individual's actual mental, physical and | 23 | | adaptive limitations. The order shall conform with Sections | 24 | | 11a-12 and 11a-14. | 25 | | (Source: P.A. 102-72, eff. 1-1-22 .) |
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| 1 | | (755 ILCS 5/11a-4) | 2 | | Sec. 11a-4. Temporary guardian. | 3 | | (a) Prior to the appointment of a guardian under this | 4 | | Article, pending an appeal in relation to the appointment, or | 5 | | pending the completion of a citation proceeding brought | 6 | | pursuant to Section 23-3 of this Act, or upon a guardian's | 7 | | death, incapacity, or resignation, the court may appoint a | 8 | | temporary guardian upon a showing of the necessity therefor | 9 | | for the immediate welfare and protection of the alleged person | 10 | | with a disability or his or her estate and subject to such | 11 | | conditions as the court may prescribe. In cases in which a | 12 | | petition for guardianship of an alleged person with a | 13 | | disability is filed by a corporation, nonprofit, or other | 14 | | entity with no legally recognized relationship to that person, | 15 | | the court shall appoint the State Guardian or county public | 16 | | guardian as temporary guardian of that person under this | 17 | | Section if the requirements of this Section are met except in | 18 | | cases in counties in which there is no sitting public | 19 | | guardian. A petition for the appointment of a temporary | 20 | | guardian for an alleged person with a disability shall be | 21 | | filed at the time of or subsequent to the filing of a petition | 22 | | for adjudication of disability and appointment of a guardian. | 23 | | The petition for the appointment of a temporary guardian shall | 24 | | state the facts upon which it is based and the name, the post | 25 | | office address, and, in the case of an individual, the age and | 26 | | occupation of the proposed temporary guardian. In determining |
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| 1 | | the necessity for temporary guardianship, the immediate | 2 | | welfare and protection of the alleged person with a disability | 3 | | and his or her estate shall be of paramount concern, and the | 4 | | interests of the petitioner, any care provider, or any other | 5 | | party shall not outweigh the interests of the alleged person | 6 | | with a disability. The temporary guardian shall have the | 7 | | limited powers and duties of a guardian of the person or of the | 8 | | estate which are specifically enumerated by court order. The | 9 | | court order shall state the actual harm identified by the | 10 | | court that necessitates temporary guardianship or any | 11 | | extension thereof. | 12 | | (a-5) Notice of the time and place of the hearing on a | 13 | | petition for the appointment of a temporary guardian shall be | 14 | | given, not less than 3 days before the hearing, by mail or in | 15 | | person to the alleged person with a disability, to the | 16 | | proposed temporary guardian, and to those persons whose names | 17 | | and addresses are listed in the petition for adjudication of | 18 | | disability and appointment of a guardian under Section 11a-8. | 19 | | The court, upon a finding of good cause, may waive the notice | 20 | | requirement under this subsection. | 21 | | (a-10) Notice of the time and place of the hearing on a | 22 | | petition to revoke the appointment of a temporary guardian | 23 | | shall be given, not less than 3 days before the hearing, by | 24 | | mail or in person to the temporary guardian, to the petitioner | 25 | | on whose petition the temporary guardian was appointed, and to | 26 | | those persons whose names and addresses are listed in the |
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| 1 | | petition for adjudication of disability and appointment of a | 2 | | guardian under Section 11a-8. The court, upon a finding of | 3 | | good cause, may waive the notice requirements under this | 4 | | subsection. | 5 | | (b) The temporary guardianship shall expire within 60 days | 6 | | after the appointment or whenever a guardian is regularly | 7 | | appointed, whichever occurs first. No extension shall be | 8 | | granted except: | 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 | 23 | | 11a-8 so long as the court finds it is in the best | 24 | | interests of the alleged person with a disability to | 25 | | extend the temporary guardianship so as to protect the | 26 | | alleged person with a disability from any potential abuse, |
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| 1 | | neglect, self-neglect, exploitation, or other harm and | 2 | | such extension lasts no more than 120 days from the date | 3 | | the temporary guardian was originally appointed. | 4 | | The ward shall have the right any time after the | 5 | | appointment of a temporary guardian is made to petition the | 6 | | court to revoke the appointment of the temporary guardian. | 7 | | (Source: P.A. 102-72, eff. 1-1-22; 102-120, eff 7-23-21; | 8 | | 102-687, eff. 12-17-21.)". |
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