Full Text of SB3386 96th General Assembly
SB3386enr 96TH GENERAL ASSEMBLY
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SB3386 Enrolled |
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| AN ACT concerning civil law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Probate Act of 1975 is amended by changing | 5 |
| Sections 11-5 and 11-14.1 as follows:
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| (755 ILCS 5/11-5) (from Ch. 110 1/2, par. 11-5)
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| Sec. 11-5. Appointment of guardian.
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| (a) Upon the filing of a petition for the appointment of a | 9 |
| guardian or on
its own motion, the court may appoint a guardian | 10 |
| of the estate or of both the
person and estate, of a minor, or | 11 |
| may appoint a guardian of the person only of
a minor or minors, | 12 |
| as the court finds to be in the best interest of the minor
or | 13 |
| minors.
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| (a-1) A parent, adoptive parent or adjudicated parent, | 15 |
| whose parental rights
have not been terminated, may designate | 16 |
| in any writing, including a will, a
person qualified to act | 17 |
| under Section 11-3 to be appointed as guardian of
the person or | 18 |
| estate, or both, of an unmarried minor or of a child likely to | 19 |
| be
born. A parent, adoptive parent or adjudicated parent, whose | 20 |
| parental rights
have not been terminated, or a guardian or a | 21 |
| standby guardian of an unmarried
minor or of a child likely to | 22 |
| be born may designate in any writing, including a
will, a | 23 |
| person qualified to act under Section 11-3 to be appointed as |
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| successor
guardian of the minor's person or estate, or both. | 2 |
| The designation must be
witnessed by 2 or more credible | 3 |
| witnesses at least 18 years of age, neither of
whom is the | 4 |
| person designated as the guardian. The designation may be | 5 |
| proved
by any competent evidence. If the designation is | 6 |
| executed and attested in the
same manner as a will, it shall | 7 |
| have prima facie validity. The designation of a
guardian or | 8 |
| successor guardian does not affect the rights of the other | 9 |
| parent
in the minor.
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| (b) The court lacks jurisdiction to proceed on a petition | 11 |
| for the
appointment of a guardian of a minor if it finds that | 12 |
| (i) the minor has a living parent,
adoptive parent or | 13 |
| adjudicated parent, whose parental rights have not been
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| terminated, whose whereabouts are known, and who is willing and | 15 |
| able to make
and carry out day-to-day child care decisions | 16 |
| concerning the minor, unless : (1) the
parent or parents | 17 |
| voluntarily relinquished physical custody of the minor; (2) | 18 |
| consent to the appointment or, after receiving notice of the
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| hearing under Section 11-10.1, the parent or parents fail to | 20 |
| object to the appointment at the
hearing on the petition ; or | 21 |
| (3) the parent or parents consent to the appointment as | 22 |
| evidenced by a written document that has been notarized and | 23 |
| dated, or by a personal appearance and consent in open court; | 24 |
| or (ii) there is a guardian for the minor appointed by
a court | 25 |
| of competent jurisdiction. There shall be a rebuttable | 26 |
| presumption
that a parent of a minor is willing and able to |
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| make and carry out
day-to-day child care decisions concerning | 2 |
| the minor, but the presumption may
be rebutted by a | 3 |
| preponderance of the evidence.
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| (b-1) If the court finds the appointment of a guardian of | 5 |
| the minor to be
in the best interest of the minor, and if a | 6 |
| standby guardian has previously
been appointed for the minor | 7 |
| under Section 11-5.3, the court shall appoint the
standby | 8 |
| guardian as the guardian of the person or estate, or both, of | 9 |
| the minor
unless the court finds, upon good cause shown, that | 10 |
| the appointment would no
longer be in the best interest of the | 11 |
| minor.
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| (c) If the minor is 14 years of age or more, the minor may | 13 |
| nominate the
guardian of the minor's person and estate, subject | 14 |
| to approval of the court. If
the minor's nominee is not | 15 |
| approved by the court or if, after notice to the minor, the | 16 |
| minor fails to nominate a
guardian of the minor's person or | 17 |
| estate, the court may appoint the guardian
without nomination.
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| (d) The court shall not appoint as guardian of the person | 19 |
| of the minor any
person whom the court has determined had | 20 |
| caused or substantially contributed to
the minor becoming a | 21 |
| neglected or abused minor as defined in the Juvenile Court
Act | 22 |
| of 1987 unless 2 years have elapsed since the last proven | 23 |
| incident of abuse
or neglect and the court determines that | 24 |
| appointment of such person as guardian
is in the best interests | 25 |
| of the minor.
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| (e) Previous statements made by the minor relating to any |
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| allegations
that the minor is an abused or neglected child | 2 |
| within the meaning of the
Abused and Neglected Child Reporting | 3 |
| Act, or an abused or neglected minor
within the meaning of the | 4 |
| Juvenile Court Act of 1987, shall be admissible
in evidence in | 5 |
| a hearing concerning appointment of a guardian of the person
or | 6 |
| estate of the minor. No such statement, however, if | 7 |
| uncorroborated and
not subject to cross-examination, shall be | 8 |
| sufficient in itself to support
a finding of abuse or neglect.
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| (Source: P.A. 90-430, eff. 8-16-97; 90-472, eff. 8-17-97; | 10 |
| 90-796, eff. 12-15-98.)
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| (755 ILCS 5/11-14.1) (from Ch. 110 1/2, par. 11-14.1)
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| Sec. 11-14.1. Revocation of letters. | 13 |
| (a) Upon the minor reaching the age
of majority, the | 14 |
| letters of office shall be revoked only as to that minor
and | 15 |
| the guardianship over that minor shall be terminated. The | 16 |
| letters of
office and the guardianship shall remain as to any | 17 |
| other minors included in the
same letters of office or | 18 |
| guardianship order.
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| (b) Upon the filing of a petition by a minor's living, | 20 |
| adoptive, or adjudicated parent whose parental rights have not | 21 |
| been terminated, the court shall discharge the guardian and | 22 |
| terminate the guardianship if the parent establishes, by a | 23 |
| preponderance of the evidence, that a material change in the | 24 |
| circumstances of the minor or the parent has occurred since the | 25 |
| entry of the order appointing the guardian; unless the guardian |
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| establishes, by clear and convincing evidence, that | 2 |
| termination of the guardianship would not be in the best | 3 |
| interests of the minor. In determining the minor's best | 4 |
| interests, the court shall consider all relevant factors | 5 |
| including: | 6 |
| (1) The interaction and interrelationship of the minor | 7 |
| with the parent and members of the parent's household. | 8 |
| (2) The ability of the parent to provide a safe, | 9 |
| nurturing environment for the minor. | 10 |
| (3) The relative stability of the parties and the | 11 |
| minor. | 12 |
| (4) The minor's adjustment to his or her home, school, | 13 |
| and community, including the length of time that the minor | 14 |
| has lived with the parent and the guardian. | 15 |
| (5) The nature and extent of visitation between the | 16 |
| parent and the minor and the guardian's ability and | 17 |
| willingness to facilitate visitation. | 18 |
| (Source: P.A. 90-796, eff. 12-15-98.)
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| (755 ILCS 5/11-7 rep.) | 20 |
| Section 10. The Probate Act of 1975 is amended by repealing | 21 |
| Section 11-7.
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