Illinois General Assembly - Full Text of Public Act 094-0579
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Public Act 094-0579


 

Public Act 0579 94TH GENERAL ASSEMBLY



 


 
Public Act 094-0579
 
SB0658 Enrolled LRB094 09010 LCB 39231 b

    AN ACT concerning estates.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Probate Act of 1975 is amended by changing
Sections 11-3 and 11a-5 as follows:
 
    (755 ILCS 5/11-3)  (from Ch. 110 1/2, par. 11-3)
    Sec. 11-3. Who may act as guardian.
    (a) A person who has attained the age of 18 years, is a
resident of the United States, is not of unsound mind, is not
an adjudged disabled person as defined in this Act, has not
been convicted of a felony, and who the court finds is capable
of providing an active and suitable program of guardianship for
the minor is qualified to act as guardian of the person and as
guardian of the estate if the court finds that the proposed
guardian is capable of providing an active and suitable program
of guardianship for the minor and that the proposed guardian:
        (1) has attained the age of 18 years;
        (2) is a resident of the United States;
        (3) is not of unsound mind;
        (4) is not an adjudged disabled person as defined in
    this Act; and
        (5) has not been convicted of a felony, unless the
    court finds appointment of the person convicted of a felony
    to be in the minor's best interests, and as part of the
    best interest determination, the court has considered the
    nature of the offense, the date of offense, and the
    evidence of the proposed guardian's rehabilitation. No
    person shall be appointed who has been convicted of a
    felony involving harm or threat to a child, including a
    felony sexual offense.
One person may be appointed guardian of the person and another
person appointed guardian of the estate.
    (b) The Department of Human Services or the Department of
Children and Family Services may with the approval of the court
designate one of its employees to serve without fees as
guardian of the estate of a minor patient in a State mental
hospital or a resident in a State institution when the value of
the personal estate does not exceed $1,000.
(Source: P.A. 89-507, eff. 7-1-97; 90-430, eff. 8-16-97;
90-472, eff. 8-17-97.)
 
    (755 ILCS 5/11a-5)  (from Ch. 110 1/2, par. 11a-5)
    Sec. 11a-5. Who may act as guardian.
    (a) A person who has attained the age of 18 years, is a
resident of the United States, is not of unsound mind, is not
an adjudged disabled person as defined in this Act, has not
been convicted of a felony, and who the court finds is capable
of providing an active and suitable program of guardianship for
the disabled person is qualified to act as guardian of the
person and as guardian of the estate of a disabled person if
the court finds that the proposed guardian is capable of
providing an active and suitable program of guardianship for
the disabled person and that the proposed guardian:
        (1) has attained the age of 18 years;
        (2) is a resident of the United States;
        (3) is not of unsound mind;
        (4) is not an adjudged disabled person as defined in
    this Act; and
        (5) has not been convicted of a felony, unless the
    court finds appointment of the person convicted of a felony
    to be in the disabled person's best interests, and as part
    of the best interest determination, the court has
    considered the nature of the offense, the date of offense,
    and the evidence of the proposed guardian's
    rehabilitation. No person shall be appointed who has been
    convicted of a felony involving harm or threat to an
    elderly or disabled person, including a felony sexual
    offense.
    (b) Any public agency, or not-for-profit corporation found
capable by the court of providing an active and suitable
program of guardianship for the disabled person, taking into
consideration the nature of such person's disability and the
nature of such organization's services, may be appointed
guardian of the person or of the estate, or both, of the
disabled person. The court shall not appoint as guardian an
agency which is directly providing residential services to the
ward. One person or agency may be appointed guardian of the
person and another person or agency appointed guardian of the
estate.
    (c) Any corporation qualified to accept and execute trusts
in this State may be appointed guardian of the estate of a
disabled person.
(Source: P.A. 90-430, eff. 8-16-97; 90-472, eff. 8-17-97.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/12/2005