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90_SB1884eng
755 ILCS 5/11a-3.5 new
Amends the "guardians for disabled adults" Article of the
Probate Act. Provides for entry of a temporary restraining
order or preliminary injunction in order to prevent an
alleged disabled person's dissipation of his or her assets.
Such an order or injunction may remain in effect only until
the first hearing on the petition for adjudication of
disability and for the appointment of a guardian.
LRB9011682DJcd
SB1884 Engrossed LRB9011682DJcd
1 AN ACT to amend the Probate Act of 1975 by adding Section
2 11a-3.5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Probate Act of 1975 is amended by adding
6 Section 11a-3.5 as follows:
7 (755 ILCS 5/11a-3.5 new)
8 Sec. 11a-3.5. Temporary order. This Section applies
9 only in the case of a person alleged to be disabled because
10 of gambling as provided in item (c) of Section 11a-2. A
11 person who files a petition for adjudication of disability
12 and for the appointment of a guardian of the estate or person
13 or both of an alleged disabled person may also file a motion
14 for entry of a temporary restraining order or preliminary
15 injunction in order to prevent the alleged disabled person's
16 dissipation of his or her assets. The motion shall be
17 supported by affidavit. After a hearing on the motion the
18 court may enter a temporary restraining order or preliminary
19 injunction directing any appropriate person or entity to take
20 appropriate action in order to prevent the dissipation of the
21 alleged disabled person's assets. The temporary restraining
22 order or preliminary injunction may remain in effect only
23 until the first hearing on the petition for adjudication of
24 disability and for the appointment of a guardian.