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Public Act 102-0770


 

Public Act 0770 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0770
 
HB4366 EnrolledLRB102 23003 LNS 32157 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-12 as follows:
 
    (755 ILCS 5/11a-12)  (from Ch. 110 1/2, par. 11a-12)
    (Text of Section before amendment by P.A. 102-72)
    Sec. 11a-12. Order of appointment.)
    (a) If basis for the appointment of a guardian as
specified in Section 11a-3 is not found, the court shall
dismiss the petition.
    (b) If the respondent is adjudged to be a person with a
disability and to lack some but not all of the capacity as
specified in Section 11a-3, and if the court finds that
guardianship is necessary for the protection of the person
with a disability, his or her estate, or both, the court shall
appoint a limited guardian for the respondent's person or
estate or both. The court shall enter a written order stating
the factual basis for its findings and specifying the duties
and powers of the guardian and the legal disabilities to which
the respondent is subject.
    (c) If the respondent is adjudged to be a person with a
disability and to be totally without capacity as specified in
Section 11a-3, and if the court finds that limited
guardianship will not provide sufficient protection for the
person with a disability, his or her estate, or both, the court
shall appoint a plenary guardian for the respondent's person
or estate or both. The court shall enter a written order
stating the factual basis for its findings.
    (d) The selection of the guardian shall be in the
discretion of the court, which shall give due consideration to
the preference of the person with a disability as to a
guardian, as well as the qualifications of the proposed
guardian, in making its appointment. However, the paramount
concern in the selection of the guardian is the best interest
and well-being of the person with a disability.
    (e) The order of appointment of a guardian of the person in
any county with a population of less than 3 million shall
include the requirement that the guardian of the person
complete the training program as provided in Section 33.5 of
the Guardianship and Advocacy Act that outlines the
responsibilities of the guardian of the person and the rights
of the person under guardianship and file with the court a
certificate of completion one year from the date of issuance
of the letters of guardianship, except that: (1) the chief
judge of any circuit may order implementation of another
training program by a suitable provider containing
substantially similar content; (2) employees of the Office of
the State Guardian, public guardians, attorneys currently
authorized to practice law, corporate fiduciaries, and persons
certified by the Center for Guardianship Certification are
exempt from this training requirement; and (3) the court may,
for good cause shown, exempt from this requirement an
individual not otherwise listed in item (2). For the purposes
of this subsection (e), good cause may be proven by affidavit.
If the court finds good cause to exempt an individual from the
training requirement, the order of appointment shall so state.
(Source: P.A. 99-143, eff. 7-27-15; 100-483, eff. 9-8-18.)
 
    (Text of Section after amendment by P.A. 102-72)
    Sec. 11a-12. Order of appointment.
    (a) If basis for the appointment of a guardian as
specified in Section 11a-3 is not found, the court shall
dismiss the petition.
    (b) If the respondent is adjudged to be a person with a
disability and to lack some but not all of the capacity as
specified in Section 11a-3, and if the court finds that
guardianship is necessary for the protection of the person
with a disability, his or her estate, or both, the court shall
appoint a limited guardian for the respondent's person or
estate or both. The court shall enter a written order stating
the factual basis for its findings and specifying the duties
and powers of the guardian and the legal disabilities to which
the respondent is subject.
    (c) If the respondent is adjudged to be a person with a
disability and to be totally without capacity as specified in
Section 11a-3, and if the court finds that limited
guardianship will not provide sufficient protection for the
person with a disability, his or her estate, or both, the court
shall appoint a plenary guardian for the respondent's person
or estate or both. The court shall enter a written order
stating the factual basis for its findings.
    (d) The selection of the guardian shall be in the
discretion of the court, which shall give due consideration to
the preference of the person with a disability as to a
guardian, as well as the qualifications of the proposed
guardian, in making its appointment. However, the paramount
concern in the selection of the guardian is the best interests
and well-being of the person with a disability.
    One person or agency may be appointed a limited or plenary
guardian of the person and another person or corporate trustee
appointed as a limited or plenary guardian of the estate. If
different persons are appointed, the court shall consider the
factors set forth in subsection (b-5) of Section 11a-5. The
court shall enter a written order stating the factual basis
for its findings.
    (e) The order of appointment of a guardian of the person in
any county with a population of less than 3 million shall
include the requirement that the guardian of the person
complete the training program as provided in Section 33.5 of
the Guardianship and Advocacy Act that outlines the
responsibilities of the guardian of the person and the rights
of the person under guardianship and file with the court a
certificate of completion one year from the date of issuance
of the letters of guardianship, except that: (1) the chief
judge of any circuit may order implementation of another
training program by a suitable provider containing
substantially similar content; (2) employees of the Office of
the State Guardian, public guardians, attorneys currently
authorized to practice law, corporate fiduciaries, and persons
certified by the Center for Guardianship Certification are
exempt from this training requirement; and (3) the court may,
for good cause shown, exempt from this requirement an
individual not otherwise listed in item (2). For the purposes
of this subsection (e), good cause may be proven by affidavit.
If the court finds good cause to exempt an individual from the
training requirement, the order of appointment shall so state.
(Source: P.A. 102-72, eff. 1-1-22.)
 
    Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.

Effective Date: 1/1/2023