90th General Assembly
Summary of SB1884
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Senate Sponsors:
DEMUZIO-HAWKINSON-SHADID-JACOBS-HALVORSON AND OBAMA.

House Sponsors:
SMITH,MICHAEL-GIGLIO-SCHAKOWSKY-GASH-BOLAND

Short description: 
PROBATE-WASTING ASSETS                                                     

Synopsis of Bill as introduced:
        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.                                                                   
        SENATE AMENDMENT NO. 1.                                                
        Provides that the amendatory provisions of the bill authorizing a      
   temporary order to prevent dissipation of assets  apply  only  in  the      
   case of a person alleged to be disabled because of gambling.                
          JUDICIAL NOTE                                                        
          No decrease or increase in the need for the number of judges.        
          STATE MANDATES ACT FISCAL NOTE                                       
          Fails to create a State mandate.                                     
          FISCAL NOTE (Administrative Office of Ill. Courts)                   
          There will be no fiscal impact on the Judicial branch.               
          FISCAL NOTE, H-AM 1 (Office of Ill. Courts)                          
          No change from previous fiscal note.                                 
          JUDICIAL NOTE, H-AM 1                                                
          No change from previous judicial note.                               
        HOUSE AMENDMENT NO. 2.                                                 
          Adds reference to:                                                   
          20 ILCS 2405/3                  from Ch. 23, par. 3434               
        Amends the Disabled Persons Rehabilitation  Act.    Provides  for      
   representation  of  personal  assistants  in  their relations with the      
   Department of Human Services.  Effective immediately.                       
          FISCAL NOTE, H-AM 2 (Office of Ill. Courts)                          
          No change from previous fiscal notes.                                
          STATE MANDATES ACT FISCAL NOTE, H-AM 2                               
          No change from previous State mandates note.                         
          PENSION NOTE, H-AM 2                                                 
          There is no fiscal impact for any public pension fund or re-         
          tirement system in Illinois.                                         
          PENSION NOTE, H-AM 3                                                 
          No change from previous pension note.                                
          FISCAL NOTE, H-AM 3 (Office of Ill. Courts)                          
          No change from previous fiscal note.                                 
          STATE MANDATES FISCAL NOTE, H-AM 3                                   
          No change from previous State mandates note.                         
          JUDICIAL NOTE, H-AM 3                                                
          No change from previous judicial note.                               
        HOUSE AMENDMENT NO. 3.                                                 
          Adds reference to:                                                   
          755 ILCS 5/11a-4                from Ch. 110 1/2, par. 11a-4         
        Replaces provisions of the engrossed bill  amending  the  Probate      
   Act.    Amends  the  "guardians  for  disabled  adults" Article of the      
   Probate Act.  In the case of a person alleged to be  disabled  because      
   of  gambling,  provides  for entry of a temporary restraining order or      
   preliminary injunction  in  order  to  prevent  the  alleged  disabled      
   person's  dissipation  of  his or her assets.  Requires a simultaneous      
   request for appointment of a temporary guardian.  Requires filing of a      
   petition for adjudication of disability and for the appointment  of  a      
   guardian  of  the  estate or person or both if a temporary restraining      
   order or preliminary injunction is entered.                                 
 
Last action on Bill: SESSION SINE DIE

   Last action date: 99-01-12

           Location: Senate

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   2     SENATE -   1


   END OF INQUIRY 
                                                                               



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