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
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
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
LRB103 36924 JRC 67038 b
A BILL FOR
HB4884LRB103 36924 JRC 67038 b HB4884 LRB103 36924 JRC 67038 b
HB4884 LRB103 36924 JRC 67038 b
1 AN ACT concerning civil law.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Probate Act of 1975 is amended by changing
5 Sections 11a-3 and 11a-4 as follows:
6 (755 ILCS 5/11a-3) (from Ch. 110 1/2, par. 11a-3)
7 Sec. 11a-3. Adjudication of disability; Power to appoint
8 guardian.
9 (a) Upon the filing of a petition by a reputable person or
10 by the alleged person with a disability himself or on its own
11 motion, the court may adjudge a person to be a person with a
12 disability, but only if it has been demonstrated by clear and
13 convincing evidence that the person is a person with a
14 disability as defined in Section 11a-2. If the court adjudges
15 a person to be a person with a disability, the court may
16 appoint (1) a guardian of his person, if it has been
17 demonstrated by clear and convincing evidence that because of
18 his disability he lacks sufficient understanding or capacity
19 to make or communicate responsible decisions concerning the
20 care of his person, or (2) a guardian of his estate, if it has
21 been demonstrated by clear and convincing evidence that
22 because of his disability he is unable to manage his estate or
23 financial affairs, or (3) a guardian of his person and of his
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
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.
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LRB103 36924 JRC 67038 b
A BILL FOR
755 ILCS 5/11a-3 from Ch. 110 1/2, par. 11a-3
755 ILCS 5/11a-4
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1 estate, (4) the . The court may appoint co-guardians in
2 accordance with Section 11a-15, or (5) if a petition for
3 guardianship is filed by a person, corporation, nonprofit
4 organization, or other entity with no legally recognized
5 relationship to the alleged person with a disability, the
6 court shall appoint the county public guardian as the guardian
7 of the person or estate or both if the requirements of this
8 Section are met.
9 (b) Guardianship shall be utilized only as is necessary to
10 promote the well-being of the person with a disability, to
11 protect him from neglect, exploitation, or abuse, and to
12 encourage development of his maximum self-reliance and
13 independence. Guardianship shall be ordered only to the extent
14 necessitated by the individual's actual mental, physical and
15 adaptive limitations. The order shall conform with Sections
16 11a-12 and 11a-14.
17 (Source: P.A. 102-72, eff. 1-1-22.)
18 (755 ILCS 5/11a-4)
19 Sec. 11a-4. Temporary guardian.
20 (a) Prior to the appointment of a guardian under this
21 Article, pending an appeal in relation to the appointment, or
22 pending the completion of a citation proceeding brought
23 pursuant to Section 23-3 of this Act, or upon a guardian's
24 death, incapacity, or resignation, the court may appoint a
25 temporary guardian upon a showing of the necessity therefor
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1 for the immediate welfare and protection of the alleged person
2 with a disability or his or her estate and subject to such
3 conditions as the court may prescribe. In cases in which a
4 petition for guardianship of a person alleged person with a
5 disability is filed by a person, corporation, nonprofit, or
6 other entity with no legally recognized relationship to that
7 person, the court shall appoint the county public guardian as
8 temporary guardian of that person under this Section. A
9 petition for the appointment of a temporary guardian for an
10 alleged person with a disability shall be filed at the time of
11 or subsequent to the filing of a petition for adjudication of
12 disability and appointment of a guardian. The petition for the
13 appointment of a temporary guardian shall state the facts upon
14 which it is based and the name, the post office address, and,
15 in the case of an individual, the age and occupation of the
16 proposed temporary guardian. In determining the necessity for
17 temporary guardianship, the immediate welfare and protection
18 of the alleged person with a disability and his or her estate
19 shall be of paramount concern, and the interests of the
20 petitioner, any care provider, or any other party shall not
21 outweigh the interests of the alleged person with a
22 disability. The temporary guardian shall have the limited
23 powers and duties of a guardian of the person or of the estate
24 which are specifically enumerated by court order. The court
25 order shall state the actual harm identified by the court that
26 necessitates temporary guardianship or any extension thereof.
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1 (a-5) Notice of the time and place of the hearing on a
2 petition for the appointment of a temporary guardian shall be
3 given, not less than 3 days before the hearing, by mail or in
4 person to the alleged person with a disability, to the
5 proposed temporary guardian, and to those persons whose names
6 and addresses are listed in the petition for adjudication of
7 disability and appointment of a guardian under Section 11a-8.
8 The court, upon a finding of good cause, may waive the notice
9 requirement under this subsection.
10 (a-10) Notice of the time and place of the hearing on a
11 petition to revoke the appointment of a temporary guardian
12 shall be given, not less than 3 days before the hearing, by
13 mail or in person to the temporary guardian, to the petitioner
14 on whose petition the temporary guardian was appointed, and to
15 those persons whose names and addresses are listed in the
16 petition for adjudication of disability and appointment of a
17 guardian under Section 11a-8. The court, upon a finding of
18 good cause, may waive the notice requirements under this
19 subsection.
20 (b) The temporary guardianship shall expire within 60 days
21 after the appointment or whenever a guardian is regularly
22 appointed, whichever occurs first. No extension shall be
23 granted except:
24 (1) In a case where there has been an adjudication of
25 disability, an extension shall be granted:
26 (i) pending the disposition on appeal of an
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