Full Text of HB4563 101st General Assembly
HB4563 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB4563 Introduced 2/5/2020, by Rep. Thomas M. Bennett SYNOPSIS AS INTRODUCED: |
| 755 ILCS 5/11a-4 | from Ch. 110 1/2, par. 11a-4 |
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Amends the Guardians For Adults with Disabilities Article of the Probate Act of 1975. Provides that a petition for the appointment of a temporary guardian for an alleged person with a disability shall be filed at the time of or subsequent to the filing of a petition for adjudication of disability and appointment of a guardian. Provides that the petition for the appointment of a temporary guardian shall state specified facts. Provides that notice of the time and place of the hearing on a petition for the appointment of a temporary guardian or petition to revoke the appointment of a temporary guardian shall be given not less than 3 days before the hearing. Effective immediately.
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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-4 as follows:
| 6 | | (755 ILCS 5/11a-4) (from Ch. 110 1/2, par. 11a-4)
| 7 | | Sec. 11a-4. Temporary guardian. | 8 | | (a) Prior to the appointment of a guardian
under this | 9 | | Article, pending an appeal in relation to the
appointment, or
| 10 | | pending the
completion of a citation proceeding brought | 11 | | pursuant to Section 23-3 of this
Act,
or upon a guardian's | 12 | | death, incapacity, or resignation, the court may appoint a | 13 | | temporary guardian upon a showing of the necessity
therefor for | 14 | | the immediate welfare and protection of the alleged
person with | 15 | | a disability or his or her estate
on such notice and subject to | 16 | | such conditions as the court may prescribe. A petition for the | 17 | | appointment of a temporary guardian for an alleged person with | 18 | | a disability shall be filed at the time of or subsequent to the | 19 | | filing of a petition for adjudication of disability and | 20 | | appointment of a guardian. The petition for the appointment of | 21 | | a temporary guardian shall state the facts upon which it is | 22 | | based and the name, the post office address, and, in the case | 23 | | of an individual, the age and occupation of the proposed |
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| 1 | | temporary guardian.
In determining the necessity for temporary | 2 | | guardianship, the immediate
welfare and protection of the | 3 | | alleged person with a disability and his or her estate
shall be
| 4 | | of paramount concern, and the interests of the petitioner, any | 5 | | care provider,
or any other party shall not outweigh the | 6 | | interests of the alleged person with a disability.
The | 7 | | temporary guardian shall have the limited powers and duties of | 8 | | a guardian
of the person or of the estate which are | 9 | | specifically enumerated by court
order. The court order shall | 10 | | state the actual harm identified by the court
that necessitates | 11 | | temporary guardianship or any 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, the proposed | 16 | | temporary guardian, and to those persons whose names and | 17 | | 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 good | 3 | | cause, may waive the notice requirements under this subsection. | 4 | | (b) The temporary guardianship shall
expire within 60 days | 5 | | after the
appointment or whenever a guardian is regularly | 6 | | appointed, whichever occurs
first. No extension shall be | 7 | | granted except:
| 8 | | (1) In a case where there has been an adjudication of | 9 | | disability, an extension shall be granted: | 10 | | (i) pending the disposition on appeal of an | 11 | | adjudication of disability; | 12 | | (ii) pending the completion of a citation | 13 | | proceeding brought pursuant to Section 23-3; | 14 | | (iii) pending the appointment of a successor | 15 | | guardian in a case where the former guardian has | 16 | | resigned, has become incapacitated, or is deceased; or | 17 | | (iv) where the guardian's powers have been | 18 | | suspended pursuant to a court order. | 19 | | (2) In a case where there has not been an adjudication | 20 | | of disability, an extension shall be granted pending the | 21 | | disposition of a petition brought pursuant to Section 11a-8 | 22 | | so long as the court finds it is in the best interest of | 23 | | the alleged person with a disability to extend the | 24 | | temporary guardianship so as to protect the alleged person | 25 | | with a disability from any potential abuse, neglect, | 26 | | self-neglect, exploitation, or other harm and such |
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| 1 | | extension lasts no more than 120 days from the date the | 2 | | temporary guardian was originally appointed. | 3 | | The ward shall have the right any time after the | 4 | | appointment
of a temporary guardian is made to petition the | 5 | | court to revoke the appointment
of the temporary guardian.
| 6 | | (Source: P.A. 99-70, eff. 1-1-16; 99-143, eff. 7-27-15; 99-642, | 7 | | eff. 7-28-16.)
| 8 | | Section 99. Effective date. This Act takes effect upon | 9 | | becoming law.
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