Illinois 2023-2024 Regular Session

Illinois House Bill HB4884 Compare Versions

Only one version of the bill is available at this time.

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1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4884 Introduced , by Rep. Terra Costa Howard SYNOPSIS AS INTRODUCED: 755 ILCS 5/11a-3 from Ch. 110 1/2, par. 11a-3755 ILCS 5/11a-4 Amends the Probate Act of 1975. Provides that if guardianship is necessary and the petition for guardianship is filed by a person, corporation, nonprofit organization, or other entity with no legally recognized relationship to the alleged person with a disability, the court shall appoint the county public guardian as temporary and permanent guardian. LRB103 36924 JRC 67038 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4884 Introduced , by Rep. Terra Costa Howard SYNOPSIS AS INTRODUCED: 755 ILCS 5/11a-3 from Ch. 110 1/2, par. 11a-3755 ILCS 5/11a-4 755 ILCS 5/11a-3 from Ch. 110 1/2, par. 11a-3 755 ILCS 5/11a-4 Amends the Probate Act of 1975. Provides that if guardianship is necessary and the petition for guardianship is filed by a person, corporation, nonprofit organization, or other entity with no legally recognized relationship to the alleged person with a disability, the court shall appoint the county public guardian as temporary and permanent guardian. LRB103 36924 JRC 67038 b LRB103 36924 JRC 67038 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4884 Introduced , by Rep. Terra Costa Howard SYNOPSIS AS INTRODUCED:
3	3	755 ILCS 5/11a-3 from Ch. 110 1/2, par. 11a-3755 ILCS 5/11a-4 755 ILCS 5/11a-3 from Ch. 110 1/2, par. 11a-3 755 ILCS 5/11a-4
4	4	755 ILCS 5/11a-3 from Ch. 110 1/2, par. 11a-3
5	5	755 ILCS 5/11a-4
6	6	Amends the Probate Act of 1975. Provides that if guardianship is necessary and the petition for guardianship is filed by a person, corporation, nonprofit organization, or other entity with no legally recognized relationship to the alleged person with a disability, the court shall appoint the county public guardian as temporary and permanent guardian.
7	7	LRB103 36924 JRC 67038 b LRB103 36924 JRC 67038 b
8	8	LRB103 36924 JRC 67038 b
9	9	A BILL FOR
10	10	HB4884LRB103 36924 JRC 67038 b HB4884 LRB103 36924 JRC 67038 b
11	11	HB4884 LRB103 36924 JRC 67038 b
12	12	1 AN ACT concerning civil law.
13	13	2 Be it enacted by the People of the State of Illinois,
14	14	3 represented in the General Assembly:
15	15	4 Section 5. The Probate Act of 1975 is amended by changing
16	16	5 Sections 11a-3 and 11a-4 as follows:
17	17	6 (755 ILCS 5/11a-3) (from Ch. 110 1/2, par. 11a-3)
18	18	7 Sec. 11a-3. Adjudication of disability; Power to appoint
19	19	8 guardian.
20	20	9 (a) Upon the filing of a petition by a reputable person or
21	21	10 by the alleged person with a disability himself or on its own
22	22	11 motion, the court may adjudge a person to be a person with a
23	23	12 disability, but only if it has been demonstrated by clear and
24	24	13 convincing evidence that the person is a person with a
25	25	14 disability as defined in Section 11a-2. If the court adjudges
26	26	15 a person to be a person with a disability, the court may
27	27	16 appoint (1) a guardian of his person, if it has been
28	28	17 demonstrated by clear and convincing evidence that because of
29	29	18 his disability he lacks sufficient understanding or capacity
30	30	19 to make or communicate responsible decisions concerning the
31	31	20 care of his person, or (2) a guardian of his estate, if it has
32	32	21 been demonstrated by clear and convincing evidence that
33	33	22 because of his disability he is unable to manage his estate or
34	34	23 financial affairs, or (3) a guardian of his person and of his
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38	38	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4884 Introduced , by Rep. Terra Costa Howard SYNOPSIS AS INTRODUCED:
39	39	755 ILCS 5/11a-3 from Ch. 110 1/2, par. 11a-3755 ILCS 5/11a-4 755 ILCS 5/11a-3 from Ch. 110 1/2, par. 11a-3 755 ILCS 5/11a-4
40	40	755 ILCS 5/11a-3 from Ch. 110 1/2, par. 11a-3
41	41	755 ILCS 5/11a-4
42	42	Amends the Probate Act of 1975. Provides that if guardianship is necessary and the petition for guardianship is filed by a person, corporation, nonprofit organization, or other entity with no legally recognized relationship to the alleged person with a disability, the court shall appoint the county public guardian as temporary and permanent guardian.
43	43	LRB103 36924 JRC 67038 b LRB103 36924 JRC 67038 b
44	44	LRB103 36924 JRC 67038 b
45	45	A BILL FOR
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51	51	755 ILCS 5/11a-3 from Ch. 110 1/2, par. 11a-3
52	52	755 ILCS 5/11a-4
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71	71	1 estate, (4) the . The court may appoint co-guardians in
72	72	2 accordance with Section 11a-15, or (5) if a petition for
73	73	3 guardianship is filed by a person, corporation, nonprofit
74	74	4 organization, or other entity with no legally recognized
75	75	5 relationship to the alleged person with a disability, the
76	76	6 court shall appoint the county public guardian as the guardian
77	77	7 of the person or estate or both if the requirements of this
78	78	8 Section are met.
79	79	9 (b) Guardianship shall be utilized only as is necessary to
80	80	10 promote the well-being of the person with a disability, to
81	81	11 protect him from neglect, exploitation, or abuse, and to
82	82	12 encourage development of his maximum self-reliance and
83	83	13 independence. Guardianship shall be ordered only to the extent
84	84	14 necessitated by the individual's actual mental, physical and
85	85	15 adaptive limitations. The order shall conform with Sections
86	86	16 11a-12 and 11a-14.
87	87	17 (Source: P.A. 102-72, eff. 1-1-22.)
88	88	18 (755 ILCS 5/11a-4)
89	89	19 Sec. 11a-4. Temporary guardian.
90	90	20 (a) Prior to the appointment of a guardian under this
91	91	21 Article, pending an appeal in relation to the appointment, or
92	92	22 pending the completion of a citation proceeding brought
93	93	23 pursuant to Section 23-3 of this Act, or upon a guardian's
94	94	24 death, incapacity, or resignation, the court may appoint a
95	95	25 temporary guardian upon a showing of the necessity therefor
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106	106	1 for the immediate welfare and protection of the alleged person
107	107	2 with a disability or his or her estate and subject to such
108	108	3 conditions as the court may prescribe. In cases in which a
109	109	4 petition for guardianship of a person alleged person with a
110	110	5 disability is filed by a person, corporation, nonprofit, or
111	111	6 other entity with no legally recognized relationship to that
112	112	7 person, the court shall appoint the county public guardian as
113	113	8 temporary guardian of that person under this Section. A
114	114	9 petition for the appointment of a temporary guardian for an
115	115	10 alleged person with a disability shall be filed at the time of
116	116	11 or subsequent to the filing of a petition for adjudication of
117	117	12 disability and appointment of a guardian. The petition for the
118	118	13 appointment of a temporary guardian shall state the facts upon
119	119	14 which it is based and the name, the post office address, and,
120	120	15 in the case of an individual, the age and occupation of the
121	121	16 proposed temporary guardian. In determining the necessity for
122	122	17 temporary guardianship, the immediate welfare and protection
123	123	18 of the alleged person with a disability and his or her estate
124	124	19 shall be of paramount concern, and the interests of the
125	125	20 petitioner, any care provider, or any other party shall not
126	126	21 outweigh the interests of the alleged person with a
127	127	22 disability. The temporary guardian shall have the limited
128	128	23 powers and duties of a guardian of the person or of the estate
129	129	24 which are specifically enumerated by court order. The court
130	130	25 order shall state the actual harm identified by the court that
131	131	26 necessitates temporary guardianship or any extension thereof.
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142	142	1 (a-5) Notice of the time and place of the hearing on a
143	143	2 petition for the appointment of a temporary guardian shall be
144	144	3 given, not less than 3 days before the hearing, by mail or in
145	145	4 person to the alleged person with a disability, to the
146	146	5 proposed temporary guardian, and to those persons whose names
147	147	6 and addresses are listed in the petition for adjudication of
148	148	7 disability and appointment of a guardian under Section 11a-8.
149	149	8 The court, upon a finding of good cause, may waive the notice
150	150	9 requirement under this subsection.
151	151	10 (a-10) Notice of the time and place of the hearing on a
152	152	11 petition to revoke the appointment of a temporary guardian
153	153	12 shall be given, not less than 3 days before the hearing, by
154	154	13 mail or in person to the temporary guardian, to the petitioner
155	155	14 on whose petition the temporary guardian was appointed, and to
156	156	15 those persons whose names and addresses are listed in the
157	157	16 petition for adjudication of disability and appointment of a
158	158	17 guardian under Section 11a-8. The court, upon a finding of
159	159	18 good cause, may waive the notice requirements under this
160	160	19 subsection.
161	161	20 (b) The temporary guardianship shall expire within 60 days
162	162	21 after the appointment or whenever a guardian is regularly
163	163	22 appointed, whichever occurs first. No extension shall be
164	164	23 granted except:
165	165	24 (1) In a case where there has been an adjudication of
166	166	25 disability, an extension shall be granted:
167	167	26 (i) pending the disposition on appeal of an
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