Illinois 2023-2024 Regular Session

Illinois House Bill HB4963 Compare Versions

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

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4963 Introduced 2/7/2024, by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED: 755 ILCS 5/11a-9 from Ch. 110 1/2, par. 11a-9755 ILCS 5/11a-18 from Ch. 110 1/2, par. 11a-18 Amends the Guardians for Adults with Disabilities Article of the Probate Act of 1975. Provides that the required report that is attached to a petition for adjudication of disability and for appointment of a guardian may contain a psychological evaluation that assesses the cognitive, emotional, and functional capacities of the respondent and that has been performed by a licensed clinical psychologist under the Clinical Psychologist Licensing Act within 3 months of the date of the filing of the petition or within one year of the date of the filing of the petition in the case of an individual with an intellectual disability. Provides that the court may enter an order authorizing the ward to execute a will or codicil upon the request of the ward that is accompanied by a report that states the ward possesses testamentary capacity from a current physician or a licensed clinical psychologist. Effective immediately. LRB103 38156 JRC 68289 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4963 Introduced 2/7/2024, by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED: 755 ILCS 5/11a-9 from Ch. 110 1/2, par. 11a-9755 ILCS 5/11a-18 from Ch. 110 1/2, par. 11a-18 755 ILCS 5/11a-9 from Ch. 110 1/2, par. 11a-9 755 ILCS 5/11a-18 from Ch. 110 1/2, par. 11a-18 Amends the Guardians for Adults with Disabilities Article of the Probate Act of 1975. Provides that the required report that is attached to a petition for adjudication of disability and for appointment of a guardian may contain a psychological evaluation that assesses the cognitive, emotional, and functional capacities of the respondent and that has been performed by a licensed clinical psychologist under the Clinical Psychologist Licensing Act within 3 months of the date of the filing of the petition or within one year of the date of the filing of the petition in the case of an individual with an intellectual disability. Provides that the court may enter an order authorizing the ward to execute a will or codicil upon the request of the ward that is accompanied by a report that states the ward possesses testamentary capacity from a current physician or a licensed clinical psychologist. Effective immediately. LRB103 38156 JRC 68289 b LRB103 38156 JRC 68289 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4963 Introduced 2/7/2024, by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED:
3	3	755 ILCS 5/11a-9 from Ch. 110 1/2, par. 11a-9755 ILCS 5/11a-18 from Ch. 110 1/2, par. 11a-18 755 ILCS 5/11a-9 from Ch. 110 1/2, par. 11a-9 755 ILCS 5/11a-18 from Ch. 110 1/2, par. 11a-18
4	4	755 ILCS 5/11a-9 from Ch. 110 1/2, par. 11a-9
5	5	755 ILCS 5/11a-18 from Ch. 110 1/2, par. 11a-18
6	6	Amends the Guardians for Adults with Disabilities Article of the Probate Act of 1975. Provides that the required report that is attached to a petition for adjudication of disability and for appointment of a guardian may contain a psychological evaluation that assesses the cognitive, emotional, and functional capacities of the respondent and that has been performed by a licensed clinical psychologist under the Clinical Psychologist Licensing Act within 3 months of the date of the filing of the petition or within one year of the date of the filing of the petition in the case of an individual with an intellectual disability. Provides that the court may enter an order authorizing the ward to execute a will or codicil upon the request of the ward that is accompanied by a report that states the ward possesses testamentary capacity from a current physician or a licensed clinical psychologist. Effective immediately.
7	7	LRB103 38156 JRC 68289 b LRB103 38156 JRC 68289 b
8	8	LRB103 38156 JRC 68289 b
9	9	A BILL FOR
10	10	HB4963LRB103 38156 JRC 68289 b HB4963 LRB103 38156 JRC 68289 b
11	11	HB4963 LRB103 38156 JRC 68289 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-9 and 11a-18 as follows:
17	17	6 (755 ILCS 5/11a-9) (from Ch. 110 1/2, par. 11a-9)
18	18	7 Sec. 11a-9. Report.
19	19	8 (a) The petition for adjudication of disability and for
20	20	9 appointment of a guardian should be accompanied by a report
21	21	10 which contains (1) a description of the nature and type of the
22	22	11 respondent's disability and an assessment of how the
23	23	12 disability impacts on the ability of the respondent to make
24	24	13 decisions or to function independently; (2) an analysis and
25	25	14 results of evaluations of the respondent's mental and physical
26	26	15 condition and, where appropriate, educational condition,
27	27	16 adaptive behavior and social skills, which have been performed
28	28	17 within 3 months of the date of the filing of the petition, or,
29	29	18 in the case of an intellectual disability, a psychological
30	30	19 evaluation of the respondent that has been performed by a
31	31	20 clinical psychologist licensed under the Clinical Psychologist
32	32	21 Licensing Act, within one year of the date of the filing of the
33	33	22 petition, or a psychological evaluation that assesses the
34	34	23 cognitive, emotional, and functional capacities of the
35	35
36	36
37	37
38	38	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4963 Introduced 2/7/2024, by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED:
39	39	755 ILCS 5/11a-9 from Ch. 110 1/2, par. 11a-9755 ILCS 5/11a-18 from Ch. 110 1/2, par. 11a-18 755 ILCS 5/11a-9 from Ch. 110 1/2, par. 11a-9 755 ILCS 5/11a-18 from Ch. 110 1/2, par. 11a-18
40	40	755 ILCS 5/11a-9 from Ch. 110 1/2, par. 11a-9
41	41	755 ILCS 5/11a-18 from Ch. 110 1/2, par. 11a-18
42	42	Amends the Guardians for Adults with Disabilities Article of the Probate Act of 1975. Provides that the required report that is attached to a petition for adjudication of disability and for appointment of a guardian may contain a psychological evaluation that assesses the cognitive, emotional, and functional capacities of the respondent and that has been performed by a licensed clinical psychologist under the Clinical Psychologist Licensing Act within 3 months of the date of the filing of the petition or within one year of the date of the filing of the petition in the case of an individual with an intellectual disability. Provides that the court may enter an order authorizing the ward to execute a will or codicil upon the request of the ward that is accompanied by a report that states the ward possesses testamentary capacity from a current physician or a licensed clinical psychologist. Effective immediately.
43	43	LRB103 38156 JRC 68289 b LRB103 38156 JRC 68289 b
44	44	LRB103 38156 JRC 68289 b
45	45	A BILL FOR
46	46
47	47
48	48
49	49
50	50
51	51	755 ILCS 5/11a-9 from Ch. 110 1/2, par. 11a-9
52	52	755 ILCS 5/11a-18 from Ch. 110 1/2, par. 11a-18
53	53
54	54
55	55
56	56	LRB103 38156 JRC 68289 b
57	57
58	58
59	59
60	60
61	61
62	62
63	63
64	64
65	65
66	66	HB4963 LRB103 38156 JRC 68289 b
67	67
68	68
69	69	HB4963- 2 -LRB103 38156 JRC 68289 b HB4963 - 2 - LRB103 38156 JRC 68289 b
70	70	HB4963 - 2 - LRB103 38156 JRC 68289 b
71	71	1 respondent and that has been performed by a licensed clinical
72	72	2 psychologist under the Clinical Psychologist Licensing Act
73	73	3 within 3 months of the date of the filing of the petition or
74	74	4 within one year of the date of the filing of the petition in
75	75	5 the case of an individual with an intellectual disability; (3)
76	76	6 an opinion as to whether guardianship is needed, the type and
77	77	7 scope of the guardianship needed, and the reasons therefor;
78	78	8 (4) a recommendation as to the most suitable living
79	79	9 arrangement and, where appropriate, treatment or habilitation
80	80	10 plan for the respondent and the reasons therefor; (5) the
81	81	11 name, business address, business telephone number, and
82	82	12 signatures of all persons who performed the evaluations upon
83	83	13 which the report is based, one of whom shall be a licensed
84	84	14 physician or a licensed clinical psychologist under the
85	85	15 Clinical Psychologist Licensing Act, or may, in the case of an
86	86	16 intellectual disability, be a clinical psychologist licensed
87	87	17 under the Clinical Psychologist Licensing Act, and a statement
88	88	18 of the certification, license, or other credentials that
89	89	19 qualify the evaluators who prepared the report.
90	90	20 (b) If for any reason no report accompanies the petition,
91	91	21 the court shall order appropriate evaluations to be performed
92	92	22 by a qualified person or persons and a report prepared and
93	93	23 filed with the court at least 10 days prior to the hearing.
94	94	24 (b-5) Upon oral or written motion by the respondent or the
95	95	25 guardian ad litem or upon the court's own motion, the court
96	96	26 shall appoint one or more independent experts to examine the
97	97
98	98
99	99
100	100
101	101
102	102	HB4963 - 2 - LRB103 38156 JRC 68289 b
103	103
104	104
105	105	HB4963- 3 -LRB103 38156 JRC 68289 b HB4963 - 3 - LRB103 38156 JRC 68289 b
106	106	HB4963 - 3 - LRB103 38156 JRC 68289 b
107	107	1 respondent. Upon the filing with the court of a verified
108	108	2 statement of services rendered by the expert or experts, the
109	109	3 court shall determine a reasonable fee for the services
110	110	4 performed. If the respondent is unable to pay the fee, the
111	111	5 court may enter an order upon the petitioner to pay the entire
112	112	6 fee or such amount as the respondent is unable to pay. However,
113	113	7 in cases where the Office of State Guardian is the petitioner,
114	114	8 consistent with Section 30 of the Guardianship and Advocacy
115	115	9 Act, no expert services fees shall be assessed against the
116	116	10 Office of the State Guardian.
117	117	11 (c) Unless the court otherwise directs, any report
118	118	12 prepared pursuant to this Section shall not be made part of the
119	119	13 public record of the proceedings but shall be available to the
120	120	14 court or an appellate court in which the proceedings are
121	121	15 subject to review, to the respondent, the petitioner, the
122	122	16 guardian, and their attorneys, to the respondent's guardian ad
123	123	17 litem, and to such other persons as the court may direct.
124	124	18 Accessibility to a report prepared pursuant to this
125	125	19 Section shall be in accordance with Section 5 of the Court
126	126	20 Record and Document Accessibility Act.
127	127	21 (Source: P.A. 102-109, eff. 1-1-22; 103-166, eff. 1-1-24.)
128	128	22 (755 ILCS 5/11a-18) (from Ch. 110 1/2, par. 11a-18)
129	129	23 Sec. 11a-18. Duties of the estate guardian.
130	130	24 (a) To the extent specified in the order establishing the
131	131	25 guardianship, the guardian of the estate shall have the care,
132	132
133	133
134	134
135	135
136	136
137	137	HB4963 - 3 - LRB103 38156 JRC 68289 b
138	138
139	139
140	140	HB4963- 4 -LRB103 38156 JRC 68289 b HB4963 - 4 - LRB103 38156 JRC 68289 b
141	141	HB4963 - 4 - LRB103 38156 JRC 68289 b
142	142	1 management and investment of the estate, shall manage the
143	143	2 estate frugally and shall apply the income and principal of
144	144	3 the estate so far as necessary for the comfort and suitable
145	145	4 support and education of the ward, his minor and adult
146	146	5 dependent children, and persons related by blood or marriage
147	147	6 who are dependent upon or entitled to support from him, or for
148	148	7 any other purpose which the court deems to be for the best
149	149	8 interests of the ward, and the court may approve the making on
150	150	9 behalf of the ward of such agreements as the court determines
151	151	10 to be for the ward's best interests. The guardian may make
152	152	11 disbursement of his ward's funds and estate directly to the
153	153	12 ward or other distributee or in such other manner and in such
154	154	13 amounts as the court directs. If the estate of a ward is
155	155	14 derived in whole or in part from payments of compensation,
156	156	15 adjusted compensation, pension, insurance or other similar
157	157	16 benefits made directly to the estate by the Veterans
158	158	17 Administration, notice of the application for leave to invest
159	159	18 or expend the ward's funds or estate, together with a copy of
160	160	19 the petition and proposed order, shall be given to the
161	161	20 Veterans' Administration Regional Office in this State at
162	162	21 least 7 days before the hearing on the application.
163	163	22 (a-5) The probate court, upon petition of a guardian,
164	164	23 other than the guardian of a minor, and after notice to all
165	165	24 other persons interested as the court directs, may authorize
166	166	25 the guardian to exercise any or all powers over the estate and
167	167	26 business affairs of the ward that the ward could exercise if
168	168
169	169
170	170
171	171
172	172
173	173	HB4963 - 4 - LRB103 38156 JRC 68289 b
174	174
175	175
176	176	HB4963- 5 -LRB103 38156 JRC 68289 b HB4963 - 5 - LRB103 38156 JRC 68289 b
177	177	HB4963 - 5 - LRB103 38156 JRC 68289 b
178	178	1 present and not under disability. The court may authorize the
179	179	2 taking of an action or the application of funds not required
180	180	3 for the ward's current and future maintenance and support in
181	181	4 any manner approved by the court as being in keeping with the
182	182	5 ward's wishes so far as they can be ascertained. The court must
183	183	6 consider the permanence of the ward's disabling condition and
184	184	7 the natural objects of the ward's bounty. In ascertaining and
185	185	8 carrying out the ward's wishes the court may consider, but
186	186	9 shall not be limited to, minimization of State or federal
187	187	10 income, estate, or inheritance taxes; and providing gifts to
188	188	11 charities, relatives, and friends that would be likely
189	189	12 recipients of donations from the ward. The ward's wishes as
190	190	13 best they can be ascertained shall be carried out, whether or
191	191	14 not tax savings are involved. Actions or applications of funds
192	192	15 may include, but shall not be limited to, the following:
193	193	16 (1) making gifts of income or principal, or both, of
194	194	17 the estate, either outright or in trust;
195	195	18 (2) conveying, releasing, or disclaiming his or her
196	196	19 contingent and expectant interests in property, including
197	197	20 marital property rights and any right of survivorship
198	198	21 incident to joint tenancy or tenancy by the entirety;
199	199	22 (3) releasing or disclaiming his or her powers as
200	200	23 trustee, personal representative, custodian for minors, or
201	201	24 guardian;
202	202	25 (4) exercising, releasing, or disclaiming his or her
203	203	26 powers as donee of a power of appointment;
204	204
205	205
206	206
207	207
208	208
209	209	HB4963 - 5 - LRB103 38156 JRC 68289 b
210	210
211	211
212	212	HB4963- 6 -LRB103 38156 JRC 68289 b HB4963 - 6 - LRB103 38156 JRC 68289 b
213	213	HB4963 - 6 - LRB103 38156 JRC 68289 b
214	214	1 (5) entering into contracts;
215	215	2 (6) creating for the benefit of the ward or others,
216	216	3 revocable or irrevocable trusts of his or her property
217	217	4 that may extend beyond his or her disability or life;
218	218	5 (7) exercising options of the ward to purchase or
219	219	6 exchange securities or other property;
220	220	7 (8) exercising the rights of the ward to elect benefit
221	221	8 or payment options, to terminate, to change beneficiaries
222	222	9 or ownership, to assign rights, to borrow, or to receive
223	223	10 cash value in return for a surrender of rights under any
224	224	11 one or more of the following:
225	225	12 (i) life insurance policies, plans, or benefits,
226	226	13 (ii) annuity policies, plans, or benefits,
227	227	14 (iii) mutual fund and other dividend investment
228	228	15 plans,
229	229	16 (iv) retirement, profit sharing, and employee
230	230	17 welfare plans and benefits;
231	231	18 (9) exercising his or her right to claim or disclaim
232	232	19 an elective share in the estate of his or her deceased
233	233	20 spouse and to renounce any interest by testate or
234	234	21 intestate succession or by inter vivos transfer;
235	235	22 (10) changing the ward's residence or domicile; or
236	236	23 (11) modifying by means of codicil or trust amendment
237	237	24 the terms of the ward's will or any revocable trust
238	238	25 created by the ward, as the court may consider advisable
239	239	26 in light of changes in applicable tax laws.
240	240
241	241
242	242
243	243
244	244
245	245	HB4963 - 6 - LRB103 38156 JRC 68289 b
246	246
247	247
248	248	HB4963- 7 -LRB103 38156 JRC 68289 b HB4963 - 7 - LRB103 38156 JRC 68289 b
249	249	HB4963 - 7 - LRB103 38156 JRC 68289 b
250	250	1 The guardian in his or her petition shall briefly outline
251	251	2 the action or application of funds for which he or she seeks
252	252	3 approval, the results expected to be accomplished thereby, and
253	253	4 the tax savings, if any, expected to accrue. The proposed
254	254	5 action or application of funds may include gifts of the ward's
255	255	6 personal property or real estate, but transfers of real estate
256	256	7 shall be subject to the requirements of Section 20 of this Act.
257	257	8 Gifts may be for the benefit of prospective legatees,
258	258	9 devisees, or heirs apparent of the ward or may be made to
259	259	10 individuals or charities in which the ward is believed to have
260	260	11 an interest. The guardian shall also indicate in the petition
261	261	12 that any planned disposition is consistent with the intentions
262	262	13 of the ward insofar as they can be ascertained, and if the
263	263	14 ward's intentions cannot be ascertained, the ward will be
264	264	15 presumed to favor reduction in the incidents of various forms
265	265	16 of taxation and the partial distribution of his or her estate
266	266	17 as provided in this subsection. The guardian shall not,
267	267	18 however, be required to include as a beneficiary or fiduciary
268	268	19 any person who he has reason to believe would be excluded by
269	269	20 the ward. A guardian shall be required to investigate and
270	270	21 pursue a ward's eligibility for governmental benefits.
271	271	22 (a-6) The guardian may, without an order of court, open,
272	272	23 maintain, and transfer funds to an ABLE account on behalf of
273	273	24 the ward and the ward's minor and adult dependent children as
274	274	25 specified under Section 16.6 of the State Treasurer Act.
275	275	26 (b) Upon the direction of the court which issued his
276	276
277	277
278	278
279	279
280	280
281	281	HB4963 - 7 - LRB103 38156 JRC 68289 b
282	282
283	283
284	284	HB4963- 8 -LRB103 38156 JRC 68289 b HB4963 - 8 - LRB103 38156 JRC 68289 b
285	285	HB4963 - 8 - LRB103 38156 JRC 68289 b
286	286	1 letters, a guardian may perform the contracts of his ward
287	287	2 which were legally subsisting at the time of the commencement
288	288	3 of the ward's disability. The court may authorize the guardian
289	289	4 to execute and deliver any bill of sale, deed or other
290	290	5 instrument.
291	291	6 (c) The guardian of the estate of a ward shall appear for
292	292	7 and represent the ward in all legal proceedings unless another
293	293	8 person is appointed for that purpose as guardian or next
294	294	9 friend. This does not impair the power of any court to appoint
295	295	10 a guardian ad litem or next friend to defend the interests of
296	296	11 the ward in that court, or to appoint or allow any person as
297	297	12 the next friend of a ward to commence, prosecute or defend any
298	298	13 proceeding in his behalf. Without impairing the power of the
299	299	14 court in any respect, if the guardian of the estate of a ward
300	300	15 and another person as next friend shall appear for and
301	301	16 represent the ward in a legal proceeding in which the
302	302	17 compensation of the attorney or attorneys representing the
303	303	18 guardian and next friend is solely determined under a
304	304	19 contingent fee arrangement, the guardian of the estate of the
305	305	20 ward shall not participate in or have any duty to review the
306	306	21 prosecution of the action, to participate in or review the
307	307	22 appropriateness of any settlement of the action, or to
308	308	23 participate in or review any determination of the
309	309	24 appropriateness of any fees awarded to the attorney or
310	310	25 attorneys employed in the prosecution of the action.
311	311	26 (d) Adjudication of disability shall not revoke or
312	312
313	313
314	314
315	315
316	316
317	317	HB4963 - 8 - LRB103 38156 JRC 68289 b
318	318
319	319
320	320	HB4963- 9 -LRB103 38156 JRC 68289 b HB4963 - 9 - LRB103 38156 JRC 68289 b
321	321	HB4963 - 9 - LRB103 38156 JRC 68289 b
322	322	1 otherwise terminate a trust which is revocable by the ward. A
323	323	2 guardian of the estate shall have no authority to revoke a
324	324	3 trust that is revocable by the ward, except that the court may
325	325	4 authorize a guardian to revoke a Totten trust or similar
326	326	5 deposit or withdrawable capital account in trust to the extent
327	327	6 necessary to provide funds for the purposes specified in
328	328	7 paragraph (a) of this Section. If the trustee of any trust for
329	329	8 the benefit of the ward has discretionary power to apply
330	330	9 income or principal for the ward's benefit, the trustee shall
331	331	10 not be required to distribute any of the income or principal to
332	332	11 the guardian of the ward's estate, but the guardian may bring
333	333	12 an action on behalf of the ward to compel the trustee to
334	334	13 exercise the trustee's discretion or to seek relief from an
335	335	14 abuse of discretion. This paragraph shall not limit the right
336	336	15 of a guardian of the estate to receive accountings from the
337	337	16 trustee on behalf of the ward.
338	338	17 (d-5) Upon a verified petition by the plenary or limited
339	339	18 guardian of the estate or the request of the ward that is
340	340	19 accompanied by a current physician's or a licensed clinical
341	341	20 psychologist's report that states the ward possesses
342	342	21 testamentary capacity, the court may enter an order
343	343	22 authorizing the ward to execute a will or codicil. In so
344	344	23 ordering, the court shall authorize the guardian to retain
345	345	24 independent counsel for the ward with whom the ward may
346	346	25 execute or modify a will or codicil.
347	347	26 (e) Absent court order pursuant to the Illinois Power of
348	348
349	349
350	350
351	351
352	352
353	353	HB4963 - 9 - LRB103 38156 JRC 68289 b
354	354
355	355
356	356	HB4963- 10 -LRB103 38156 JRC 68289 b HB4963 - 10 - LRB103 38156 JRC 68289 b
357	357	HB4963 - 10 - LRB103 38156 JRC 68289 b
358	358	1 Attorney Act directing a guardian to exercise powers of the
359	359	2 principal under an agency that survives disability, the
360	360	3 guardian will have no power, duty or liability with respect to
361	361	4 any property subject to the agency. This subsection (e)
362	362	5 applies to all agencies, whenever and wherever executed.
363	363	6 (f) Upon petition by any interested person (including the
364	364	7 standby or short-term guardian), with such notice to
365	365	8 interested persons as the court directs and a finding by the
366	366	9 court that it is in the best interests of the person with a
367	367	10 disability, the court may terminate or limit the authority of
368	368	11 a standby or short-term guardian or may enter such other
369	369	12 orders as the court deems necessary to provide for the best
370	370	13 interests of the person with a disability. The petition for
371	371	14 termination or limitation of the authority of a standby or
372	372	15 short-term guardian may, but need not, be combined with a
373	373	16 petition to have another guardian appointed for the person
374	374	17 with a disability.
375	375	18 (Source: P.A. 101-329, eff. 8-9-19; 102-72, eff. 1-1-22.)
376	376
377	377
378	378
379	379
380	380
381	381	HB4963 - 10 - LRB103 38156 JRC 68289 b