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| Public Act 096-1338 | ||||
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Probate Act of 1975 is amended by changing | ||||
Sections 11-5 and 11-14.1 as follows:
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(755 ILCS 5/11-5) (from Ch. 110 1/2, par. 11-5)
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Sec. 11-5. Appointment of guardian.
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(a) Upon the filing of a petition for the appointment of a | ||||
guardian or on
its own motion, the court may appoint a guardian | ||||
of the estate or of both the
person and estate, of a minor, or | ||||
may appoint a guardian of the person only of
a minor or minors, | ||||
as the court finds to be in the best interest of the minor
or | ||||
minors.
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(a-1) A parent, adoptive parent or adjudicated parent, | ||||
whose parental rights
have not been terminated, may designate | ||||
in any writing, including a will, a
person qualified to act | ||||
under Section 11-3 to be appointed as guardian of
the person or | ||||
estate, or both, of an unmarried minor or of a child likely to | ||||
be
born. A parent, adoptive parent or adjudicated parent, whose | ||||
parental rights
have not been terminated, or a guardian or a | ||||
standby guardian of an unmarried
minor or of a child likely to | ||||
be born may designate in any writing, including a
will, a | ||||
person qualified to act under Section 11-3 to be appointed as | ||||
successor
guardian of the minor's person or estate, or both. | ||
The designation must be
witnessed by 2 or more credible | ||
witnesses at least 18 years of age, neither of
whom is the | ||
person designated as the guardian. The designation may be | ||
proved
by any competent evidence. If the designation is | ||
executed and attested in the
same manner as a will, it shall | ||
have prima facie validity. The designation of a
guardian or | ||
successor guardian does not affect the rights of the other | ||
parent
in the minor.
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(b) The court lacks jurisdiction to proceed on a petition | ||
for the
appointment of a guardian of a minor if it finds that | ||
(i) the minor has a living parent,
adoptive parent or | ||
adjudicated parent, whose parental rights have not been
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terminated, whose whereabouts are known, and who is willing and | ||
able to make
and carry out day-to-day child care decisions | ||
concerning the minor, unless: (1) the
parent or parents | ||
voluntarily relinquished physical custody of the minor; (2) | ||
consent to the appointment or, after receiving notice of the
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hearing under Section 11-10.1, the parent or parents fail to | ||
object to the appointment at the
hearing on the petition; or | ||
(3) the parent or parents consent to the appointment as | ||
evidenced by a written document that has been notarized and | ||
dated, or by a personal appearance and consent in open court; | ||
or (ii) there is a guardian for the minor appointed by
a court | ||
of competent jurisdiction. There shall be a rebuttable | ||
presumption
that a parent of a minor is willing and able to | ||
make and carry out
day-to-day child care decisions concerning | ||
the minor, but the presumption may
be rebutted by a | ||
preponderance of the evidence.
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(b-1) If the court finds the appointment of a guardian of | ||
the minor to be
in the best interest of the minor, and if a | ||
standby guardian has previously
been appointed for the minor | ||
under Section 11-5.3, the court shall appoint the
standby | ||
guardian as the guardian of the person or estate, or both, of | ||
the minor
unless the court finds, upon good cause shown, that | ||
the appointment would no
longer be in the best interest of the | ||
minor.
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(c) If the minor is 14 years of age or more, the minor may | ||
nominate the
guardian of the minor's person and estate, subject | ||
to approval of the court. If
the minor's nominee is not | ||
approved by the court or if, after notice to the minor, the | ||
minor fails to nominate a
guardian of the minor's person or | ||
estate, the court may appoint the guardian
without nomination.
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(d) The court shall not appoint as guardian of the person | ||
of the minor any
person whom the court has determined had | ||
caused or substantially contributed to
the minor becoming a | ||
neglected or abused minor as defined in the Juvenile Court
Act | ||
of 1987 unless 2 years have elapsed since the last proven | ||
incident of abuse
or neglect and the court determines that | ||
appointment of such person as guardian
is in the best interests | ||
of the minor.
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(e) Previous statements made by the minor relating to any | ||
allegations
that the minor is an abused or neglected child | ||
within the meaning of the
Abused and Neglected Child Reporting | ||
Act, or an abused or neglected minor
within the meaning of the | ||
Juvenile Court Act of 1987, shall be admissible
in evidence in | ||
a hearing concerning appointment of a guardian of the person
or | ||
estate of the minor. No such statement, however, if | ||
uncorroborated and
not subject to cross-examination, shall be | ||
sufficient in itself to support
a finding of abuse or neglect.
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(Source: P.A. 90-430, eff. 8-16-97; 90-472, eff. 8-17-97; | ||
90-796, eff. 12-15-98.)
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(755 ILCS 5/11-14.1) (from Ch. 110 1/2, par. 11-14.1)
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Sec. 11-14.1. Revocation of letters. | ||
(a) Upon the minor reaching the age
of majority, the | ||
letters of office shall be revoked only as to that minor
and | ||
the guardianship over that minor shall be terminated. The | ||
letters of
office and the guardianship shall remain as to any | ||
other minors included in the
same letters of office or | ||
guardianship order.
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(b) Upon the filing of a petition by a minor's living, | ||
adoptive, or adjudicated parent whose parental rights have not | ||
been terminated, the court shall discharge the guardian and | ||
terminate the guardianship if the parent establishes, by a | ||
preponderance of the evidence, that a material change in the | ||
circumstances of the minor or the parent has occurred since the | ||
entry of the order appointing the guardian; unless the guardian | ||
establishes, by clear and convincing evidence, that | ||
termination of the guardianship would not be in the best | ||
interests of the minor. In determining the minor's best | ||
interests, the court shall consider all relevant factors | ||
including: | ||
(1) The interaction and interrelationship of the minor | ||
with the parent and members of the parent's household. | ||
(2) The ability of the parent to provide a safe, | ||
nurturing environment for the minor. | ||
(3) The relative stability of the parties and the | ||
minor. | ||
(4) The minor's adjustment to his or her home, school, | ||
and community, including the length of time that the minor | ||
has lived with the parent and the guardian. | ||
(5) The nature and extent of visitation between the | ||
parent and the minor and the guardian's ability and | ||
willingness to facilitate visitation. | ||
(Source: P.A. 90-796, eff. 12-15-98.)
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(755 ILCS 5/11-7 rep.) | ||
Section 10. The Probate Act of 1975 is amended by repealing | ||
Section 11-7.
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