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
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
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
LRB104 06542 JRC 16578 b
A BILL FOR
HB1425LRB104 06542 JRC 16578 b HB1425 LRB104 06542 JRC 16578 b
HB1425 LRB104 06542 JRC 16578 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-1 and 11a-12 as follows:
6 (755 ILCS 5/11a-1) (from Ch. 110 1/2, par. 11a-1)
7 Sec. 11a-1. "Developmental disability", "intellectual
8 disability", and "related condition" defined.
9 "Developmental disability" means "developmental
10 disability" as defined in Section 1-116 of the Mental Health
11 and Developmental Disabilities Code.
12 "Family member" means any person related to the person
13 alleged to have a disability.
14 "Intellectual disability" means "intellectual disability"
15 as defined in Section 1-116 of the Mental Health and
16 Developmental Disabilities Code.
17 "Related condition" means a condition that:
18 (1) is attributable to cerebral palsy, epilepsy, or
19 any other condition, other than mental illness, found to
20 be closely related to an intellectual disability because
21 that condition results in impairment of general
22 intellectual functioning or adaptive behavior similar to
23 that of individuals with an intellectual disability, and
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
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
LRB104 06542 JRC 16578 b
A BILL FOR
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
LRB104 06542 JRC 16578 b
HB1425 LRB104 06542 JRC 16578 b
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1 requires treatment or services similar to those required
2 for those individuals. For purposes of this Act, autism is
3 considered a related condition;
4 (2) is manifested before the individual reaches age
5 22;
6 (3) is likely to continue indefinitely; and
7 (4) results in substantial functional limitation in 3
8 or more of the following areas of major life activity:
9 self-care, language, learning, mobility, self-direction,
10 and capacity for independent living.
11 (Source: P.A. 102-72, eff. 1-1-22; 102-109, eff. 1-1-22;
12 102-972, eff. 1-1-23.)
13 (755 ILCS 5/11a-12) (from Ch. 110 1/2, par. 11a-12)
14 Sec. 11a-12. Order of appointment.
15 (a) If basis for the appointment of a guardian as
16 specified in Section 11a-3 is not found, the court shall
17 dismiss the petition.
18 (b) If the respondent is adjudged to be a person with a
19 disability and to lack some but not all of the capacity as
20 specified in Section 11a-3, and if the court finds that
21 guardianship is necessary for the protection of the person
22 with a disability, his or her estate, or both, the court shall
23 appoint a limited guardian for the respondent's person or
24 estate or both. The court shall enter a written order stating
25 the factual basis for its findings and specifying the duties
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1 and powers of the guardian and the legal disabilities to which
2 the respondent is subject.
3 (c) If the respondent is adjudged to be a person with a
4 disability and to be totally without capacity as specified in
5 Section 11a-3, and if the court finds that limited
6 guardianship will not provide sufficient protection for the
7 person with a disability, his or her estate, or both, the court
8 shall appoint a plenary guardian for the respondent's person
9 or estate or both. The court shall enter a written order
10 stating the factual basis for its findings.
11 (d) The selection of the guardian shall be in the
12 discretion of the court, which shall give due consideration to
13 the preference of the person with a disability as to a
14 guardian, as well as the qualifications of the proposed
15 guardian, in making its appointment. If a family member
16 petitions to be the guardian and is otherwise qualified under
17 this Act, the court must give first consideration to
18 appointing the family member as guardian unless the person
19 alleged to have a disability has designated some other person
20 to be guardian under Section 11a-6. However, the paramount
21 concern in the selection of the guardian is the best interests
22 and well-being of the person with a disability.
23 One person or agency may be appointed a limited or plenary
24 guardian of the person and another person or corporate trustee
25 appointed as a limited or plenary guardian of the estate. If
26 different persons are appointed, the court shall consider the
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