Illinois 2025-2026 Regular Session

Illinois House Bill HB1425 Compare Versions

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

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1425 Introduced , by Rep. Yolonda Morris SYNOPSIS AS INTRODUCED: 755 ILCS 5/11a-1 from Ch. 110 1/2, par. 11a-1755 ILCS 5/11a-12 from Ch. 110 1/2, par. 11a-12 Amends the Probate Act of 1975. Provides that for proceedings seeking a guardianship of a disabled adult, if the proposed guardian is otherwise qualified under the Act, the court must give first consideration to appointing a family member who petitions to be a guardian unless the person alleged to have a disability has designated some other person to be guardian under the Act. Continues to provide that the paramount concern in the selection of the guardian is the best interests and well-being of the person with a disability. Defines "family member" to mean any person related to the person alleged to have a disability. LRB104 06542 JRC 16578 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1425 Introduced , by Rep. Yolonda Morris SYNOPSIS AS INTRODUCED: 755 ILCS 5/11a-1 from Ch. 110 1/2, par. 11a-1755 ILCS 5/11a-12 from Ch. 110 1/2, par. 11a-12 755 ILCS 5/11a-1 from Ch. 110 1/2, par. 11a-1 755 ILCS 5/11a-12 from Ch. 110 1/2, par. 11a-12 Amends the Probate Act of 1975. Provides that for proceedings seeking a guardianship of a disabled adult, if the proposed guardian is otherwise qualified under the Act, the court must give first consideration to appointing a family member who petitions to be a guardian unless the person alleged to have a disability has designated some other person to be guardian under the Act. Continues to provide that the paramount concern in the selection of the guardian is the best interests and well-being of the person with a disability. Defines "family member" to mean any person related to the person alleged to have a disability. LRB104 06542 JRC 16578 b LRB104 06542 JRC 16578 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1425 Introduced , by Rep. Yolonda Morris SYNOPSIS AS INTRODUCED:
3	3	755 ILCS 5/11a-1 from Ch. 110 1/2, par. 11a-1755 ILCS 5/11a-12 from Ch. 110 1/2, par. 11a-12 755 ILCS 5/11a-1 from Ch. 110 1/2, par. 11a-1 755 ILCS 5/11a-12 from Ch. 110 1/2, par. 11a-12
4	4	755 ILCS 5/11a-1 from Ch. 110 1/2, par. 11a-1
5	5	755 ILCS 5/11a-12 from Ch. 110 1/2, par. 11a-12
6	6	Amends the Probate Act of 1975. Provides that for proceedings seeking a guardianship of a disabled adult, if the proposed guardian is otherwise qualified under the Act, the court must give first consideration to appointing a family member who petitions to be a guardian unless the person alleged to have a disability has designated some other person to be guardian under the Act. Continues to provide that the paramount concern in the selection of the guardian is the best interests and well-being of the person with a disability. Defines "family member" to mean any person related to the person alleged to have a disability.
7	7	LRB104 06542 JRC 16578 b LRB104 06542 JRC 16578 b
8	8	LRB104 06542 JRC 16578 b
9	9	A BILL FOR
10	10	HB1425LRB104 06542 JRC 16578 b HB1425 LRB104 06542 JRC 16578 b
11	11	HB1425 LRB104 06542 JRC 16578 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-1 and 11a-12 as follows:
17	17	6 (755 ILCS 5/11a-1) (from Ch. 110 1/2, par. 11a-1)
18	18	7 Sec. 11a-1. "Developmental disability", "intellectual
19	19	8 disability", and "related condition" defined.
20	20	9 "Developmental disability" means "developmental
21	21	10 disability" as defined in Section 1-116 of the Mental Health
22	22	11 and Developmental Disabilities Code.
23	23	12 "Family member" means any person related to the person
24	24	13 alleged to have a disability.
25	25	14 "Intellectual disability" means "intellectual disability"
26	26	15 as defined in Section 1-116 of the Mental Health and
27	27	16 Developmental Disabilities Code.
28	28	17 "Related condition" means a condition that:
29	29	18 (1) is attributable to cerebral palsy, epilepsy, or
30	30	19 any other condition, other than mental illness, found to
31	31	20 be closely related to an intellectual disability because
32	32	21 that condition results in impairment of general
33	33	22 intellectual functioning or adaptive behavior similar to
34	34	23 that of individuals with an intellectual disability, and
35	35
36	36
37	37
38	38	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1425 Introduced , by Rep. Yolonda Morris SYNOPSIS AS INTRODUCED:
39	39	755 ILCS 5/11a-1 from Ch. 110 1/2, par. 11a-1755 ILCS 5/11a-12 from Ch. 110 1/2, par. 11a-12 755 ILCS 5/11a-1 from Ch. 110 1/2, par. 11a-1 755 ILCS 5/11a-12 from Ch. 110 1/2, par. 11a-12
40	40	755 ILCS 5/11a-1 from Ch. 110 1/2, par. 11a-1
41	41	755 ILCS 5/11a-12 from Ch. 110 1/2, par. 11a-12
42	42	Amends the Probate Act of 1975. Provides that for proceedings seeking a guardianship of a disabled adult, if the proposed guardian is otherwise qualified under the Act, the court must give first consideration to appointing a family member who petitions to be a guardian unless the person alleged to have a disability has designated some other person to be guardian under the Act. Continues to provide that the paramount concern in the selection of the guardian is the best interests and well-being of the person with a disability. Defines "family member" to mean any person related to the person alleged to have a disability.
43	43	LRB104 06542 JRC 16578 b LRB104 06542 JRC 16578 b
44	44	LRB104 06542 JRC 16578 b
45	45	A BILL FOR
46	46
47	47
48	48
49	49
50	50
51	51	755 ILCS 5/11a-1 from Ch. 110 1/2, par. 11a-1
52	52	755 ILCS 5/11a-12 from Ch. 110 1/2, par. 11a-12
53	53
54	54
55	55
56	56	LRB104 06542 JRC 16578 b
57	57
58	58
59	59
60	60
61	61
62	62
63	63
64	64
65	65
66	66	HB1425 LRB104 06542 JRC 16578 b
67	67
68	68
69	69	HB1425- 2 -LRB104 06542 JRC 16578 b HB1425 - 2 - LRB104 06542 JRC 16578 b
70	70	HB1425 - 2 - LRB104 06542 JRC 16578 b
71	71	1 requires treatment or services similar to those required
72	72	2 for those individuals. For purposes of this Act, autism is
73	73	3 considered a related condition;
74	74	4 (2) is manifested before the individual reaches age
75	75	5 22;
76	76	6 (3) is likely to continue indefinitely; and
77	77	7 (4) results in substantial functional limitation in 3
78	78	8 or more of the following areas of major life activity:
79	79	9 self-care, language, learning, mobility, self-direction,
80	80	10 and capacity for independent living.
81	81	11 (Source: P.A. 102-72, eff. 1-1-22; 102-109, eff. 1-1-22;
82	82	12 102-972, eff. 1-1-23.)
83	83	13 (755 ILCS 5/11a-12) (from Ch. 110 1/2, par. 11a-12)
84	84	14 Sec. 11a-12. Order of appointment.
85	85	15 (a) If basis for the appointment of a guardian as
86	86	16 specified in Section 11a-3 is not found, the court shall
87	87	17 dismiss the petition.
88	88	18 (b) If the respondent is adjudged to be a person with a
89	89	19 disability and to lack some but not all of the capacity as
90	90	20 specified in Section 11a-3, and if the court finds that
91	91	21 guardianship is necessary for the protection of the person
92	92	22 with a disability, his or her estate, or both, the court shall
93	93	23 appoint a limited guardian for the respondent's person or
94	94	24 estate or both. The court shall enter a written order stating
95	95	25 the factual basis for its findings and specifying the duties
96	96
97	97
98	98
99	99
100	100
101	101	HB1425 - 2 - LRB104 06542 JRC 16578 b
102	102
103	103
104	104	HB1425- 3 -LRB104 06542 JRC 16578 b HB1425 - 3 - LRB104 06542 JRC 16578 b
105	105	HB1425 - 3 - LRB104 06542 JRC 16578 b
106	106	1 and powers of the guardian and the legal disabilities to which
107	107	2 the respondent is subject.
108	108	3 (c) If the respondent is adjudged to be a person with a
109	109	4 disability and to be totally without capacity as specified in
110	110	5 Section 11a-3, and if the court finds that limited
111	111	6 guardianship will not provide sufficient protection for the
112	112	7 person with a disability, his or her estate, or both, the court
113	113	8 shall appoint a plenary guardian for the respondent's person
114	114	9 or estate or both. The court shall enter a written order
115	115	10 stating the factual basis for its findings.
116	116	11 (d) The selection of the guardian shall be in the
117	117	12 discretion of the court, which shall give due consideration to
118	118	13 the preference of the person with a disability as to a
119	119	14 guardian, as well as the qualifications of the proposed
120	120	15 guardian, in making its appointment. If a family member
121	121	16 petitions to be the guardian and is otherwise qualified under
122	122	17 this Act, the court must give first consideration to
123	123	18 appointing the family member as guardian unless the person
124	124	19 alleged to have a disability has designated some other person
125	125	20 to be guardian under Section 11a-6. However, the paramount
126	126	21 concern in the selection of the guardian is the best interests
127	127	22 and well-being of the person with a disability.
128	128	23 One person or agency may be appointed a limited or plenary
129	129	24 guardian of the person and another person or corporate trustee
130	130	25 appointed as a limited or plenary guardian of the estate. If
131	131	26 different persons are appointed, the court shall consider the
132	132
133	133
134	134
135	135
136	136
137	137	HB1425 - 3 - LRB104 06542 JRC 16578 b
138	138
139	139
140	140	HB1425- 4 -LRB104 06542 JRC 16578 b HB1425 - 4 - LRB104 06542 JRC 16578 b
141	141	HB1425 - 4 - LRB104 06542 JRC 16578 b
142	142
143	143
144	144
145	145
146	146
147	147	HB1425 - 4 - LRB104 06542 JRC 16578 b