Illinois General Assembly - Full Text of HB4415
Illinois General Assembly

Previous General Assemblies

Full Text of HB4415  97th General Assembly



State of Illinois
2011 and 2012


Introduced 1/30/2012, by Rep. Michael J. Madigan


755 ILCS 5/11-3  from Ch. 110 1/2, par. 11-3

    Amends the Probate Act of 1975. Makes a technical change to a Section concerning guardians.

LRB097 15407 AJO 60507 b





HB4415LRB097 15407 AJO 60507 b

1    AN ACT concerning civil law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Probate Act of 1975 is amended by changing
5Section 11-3 as follows:
6    (755 ILCS 5/11-3)  (from Ch. 110 1/2, par. 11-3)
7    Sec. 11-3. Who may act as guardian.
8    (a) A person is qualified to act as guardian of the the
9person and as guardian of the estate if the court finds that
10the proposed guardian is capable of providing an active and
11suitable program of guardianship for the minor and that the
12proposed guardian:
13        (1) has attained the age of 18 years;
14        (2) is a resident of the United States;
15        (3) is not of unsound mind;
16        (4) is not an adjudged disabled person as defined in
17    this Act; and
18        (5) has not been convicted of a felony, unless the
19    court finds appointment of the person convicted of a felony
20    to be in the minor's best interests, and as part of the
21    best interest determination, the court has considered the
22    nature of the offense, the date of offense, and the
23    evidence of the proposed guardian's rehabilitation. No



HB4415- 2 -LRB097 15407 AJO 60507 b

1    person shall be appointed who has been convicted of a
2    felony involving harm or threat to a child, including a
3    felony sexual offense.
4One person may be appointed guardian of the person and another
5person appointed guardian of the estate.
6    (b) The Department of Human Services or the Department of
7Children and Family Services may with the approval of the court
8designate one of its employees to serve without fees as
9guardian of the estate of a minor patient in a State mental
10hospital or a resident in a State institution when the value of
11the personal estate does not exceed $1,000.
12(Source: P.A. 94-579, eff. 8-12-05.)