Public Act 102-0120
 
HB0263 EnrolledLRB102 04305 LNS 14323 b


  
    AN ACT concerning civil law.
  
 
    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 
Section 11a-4 as follows:
 



    (755 ILCS 5/11a-4)  (from Ch. 110 1/2, par. 11a-4)



    Sec. 11a-4. Temporary guardian. 
    (a) Prior to the appointment of a guardian
under this 
Article, pending an appeal in relation to the
appointment, or

pending the
completion of a citation proceeding brought 
pursuant to Section 23-3 of this
Act,
or upon a guardian's 
death, incapacity, or resignation, the court may appoint a 
temporary guardian upon a showing of the necessity
therefor 
for the immediate welfare and protection of the alleged
person 
with a disability or his or her estate
on such notice and 
subject to such conditions as the court may prescribe. A 
petition for the appointment of a temporary guardian for an 
alleged person with a disability shall be filed at the time of 
or subsequent to the filing of a petition for adjudication of 
disability and appointment of a guardian. The petition for the 
appointment of a temporary guardian shall state the facts upon 
which it is based and the name, the post office address, and, 
in the case of an individual, the age and occupation of the 
proposed temporary guardian.
In determining the necessity for 
temporary guardianship, the immediate
welfare and protection 
of the alleged person with a disability and his or her estate

shall be
of paramount concern, and the interests of the 
petitioner, any care provider,
or any other party shall not 
outweigh the interests of the alleged person with a 
disability.
The temporary guardian shall have the limited 
powers and duties of a guardian
of the person or of the estate 
which are specifically enumerated by court
order. The court 
order shall state the actual harm identified by the court
that 
necessitates temporary guardianship or any extension thereof. 
    (a-5) Notice of the time and place of the hearing on a 
petition for the appointment of a temporary guardian shall be 
given, not less than 3 days before the hearing, by mail or in 
person to the alleged person with a disability, the proposed 
temporary guardian, and to those persons whose names and 
addresses are listed in the petition for adjudication of 
disability and appointment of a guardian under Section 11a-8. 
The court, upon a finding of good cause, may waive the notice 
requirement under this subsection. 
    (a-10) Notice of the time and place of the hearing on a 
petition to revoke the appointment of a temporary guardian 
shall be given, not less than 3 days before the hearing, by 
mail or in person to the temporary guardian, to the petitioner 
on whose petition the temporary guardian was appointed, and to 
those persons whose names and addresses are listed in the 
petition for adjudication of disability and appointment of a 
guardian under Section 11a-8. The court, upon a finding of 
good cause, may waive the notice requirements under this 
subsection. 
    (b) The temporary guardianship shall
expire within 60 days 
after the
appointment or whenever a guardian is regularly 
appointed, whichever occurs
first. No extension shall be 
granted except:


        (1) In a case where there has been an adjudication of 
    disability, an extension shall be granted: 
            (i) pending the disposition on appeal of an 
        adjudication of disability;
            (ii) pending the completion of a citation 
        proceeding brought pursuant to Section 23-3;
            (iii) pending the appointment of a successor 
        guardian in a case where the former guardian has 
        resigned, has become incapacitated, or is deceased; or
            (iv) where the guardian's powers have been 
        suspended pursuant to a court order. 
        (2) In a case where there has not been an adjudication 
    of disability, an extension shall be granted pending the 
    disposition of a petition brought pursuant to Section 
    11a-8 so long as the court finds it is in the best interest 
    of the alleged person with a disability to extend the 
    temporary guardianship so as to protect the alleged person 
    with a disability from any potential abuse, neglect, 
    self-neglect, exploitation, or other harm and such 
    extension lasts no more than 120 days from the date the 
    temporary guardian was originally appointed. 
    The ward shall have the right any time after the 
appointment
of a temporary guardian is made to petition the 
court to revoke the appointment
of the temporary guardian.

(Source: P.A. 99-70, eff. 1-1-16; 99-143, eff. 7-27-15; 
99-642, eff. 7-28-16.)

 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law. 
  


Effective Date:  7/23/2021