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90_SB1884ham003
LRB9011682DJcdam04
1 AMENDMENT TO SENATE BILL 1884
2 AMENDMENT NO. . Amend Senate Bill 1884 as follows:
3 by replacing all of Section 5 with the following:
4 "Section 5. The Probate Act of 1975 is amended by
5 adding Section 11a-3.5 and changing Section 11a-4 as follows:
6 (755 ILCS 5/11a-3.5 new)
7 Sec. 11a-3.5. Gambling; temporary order.
8 (a) This Section applies only in the case of a person
9 alleged to be disabled because of gambling as provided in
10 item (c) of Section 11a-2. For purposes of this Section
11 "gambling" is defined as in the current edition of the
12 Diagnostic and Statistical Manual of Mental Disorders.
13 (b) A spouse of an alleged disabled person who files a
14 petition for adjudication of disability and for the
15 appointment of a guardian of the estate or person or both of
16 the alleged disabled person under Section 11a-8 may also file
17 a motion for entry of a temporary restraining order or
18 preliminary injunction in order to prevent the alleged
19 disabled person's dissipation of his or her assets. A spouse
20 may also file such a motion without having previously filed a
21 petition under Section 11a-8. In either case the motion
22 shall include a request that a temporary guardian for the
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1 alleged disabled person be appointed pursuant to Section
2 11a-4. The motion shall be supported by an affidavit that
3 includes facts establishing that the alleged disabled person
4 is disabled because of gambling.
5 (c) When a motion is filed under subsection (b) the court
6 shall hold a hearing on the motion within 48 hours after it
7 is filed. At the hearing the court shall consider both the
8 request for entry of a temporary restraining order or
9 preliminary injunction and the request for appointment of a
10 temporary guardian.
11 (d) After a hearing on the motion the court may enter a
12 temporary restraining order or preliminary injunction
13 enjoining (i) any person or institution holding assets of the
14 alleged disabled person from allowing any dissipation of
15 those assets by the alleged disabled person or (ii) any
16 person or institution from increasing the alleged disabled
17 person's liability. A preliminary injunction entered under
18 this subsection shall remain in effect until the court makes
19 a determination on a petition for adjudication of disability
20 and for the appointment of a guardian of the estate or person
21 or both of the alleged disabled person filed under Section
22 11a-8. Notwithstanding the preceding sentence, however, the
23 alleged disabled person may petition the court to revoke the
24 temporary restraining order or preliminary injunction at any
25 time after entry of that order or injunction.
26 (e) If the person filing a motion under subsection (b)
27 has not also filed a petition for adjudication of disability
28 and for the appointment of a guardian of the estate or person
29 or both of the alleged disabled person under Section 11a-8,
30 the person filing the motion shall file such a petition
31 within 5 days after entry of a temporary restraining order or
32 preliminary injunction under subsection (d).
33 (755 ILCS 5/11a-4) (from Ch. 110 1/2, par. 11a-4)
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1 Sec. 11a-4. Temporary guardian. Prior to the
2 appointment of a guardian under this Article, pending an
3 appeal in relation to the appointment, or pending the
4 completion of a citation proceeding brought pursuant to
5 Section 23-3 of this Act, the court may appoint a temporary
6 guardian upon a showing of the necessity therefor for the
7 immediate welfare and protection of the alleged disabled
8 person or his estate on such notice and subject to such
9 conditions as the court may prescribe. In determining the
10 necessity for temporary guardianship, the immediate welfare
11 and protection of the alleged disabled person and his or her
12 estate shall be of paramount concern, and the interests of
13 the petitioner, any care provider, or any other party shall
14 not outweigh the interests of the alleged disabled person.
15 The temporary guardian shall have all of the powers and
16 duties of a guardian of the person or of the estate which are
17 specifically enumerated by court order. The court order shall
18 state the actual harm identified by the court that
19 necessitates temporary guardianship. The temporary
20 guardianship shall expire within 60 days after the
21 appointment or whenever a guardian is regularly appointed,
22 whichever occurs first, except that in the case of a
23 temporary guardian appointed in connection with a motion
24 filed under subsection (b) of Section 11a-3.5, the temporary
25 guardianship shall expire upon the court's determination on a
26 petition under Section 11a-8 for adjudication of disability
27 and for the appointment of a guardian of the estate or person
28 or both of the alleged disabled person. Except pending the
29 disposition on appeal of an adjudication of disability, no
30 extension shall be granted. However, the ward shall have the
31 right any time after the appointment of a temporary guardian
32 is made to petition the court to revoke the appointment of
33 the temporary guardian.
34 (Source: P.A. 89-396, eff. 8-20-95; 90-250, eff. 7-29-97.)".