093_SB0041eng SB41 Engrossed LRB093 00001 DRJ 02039 b 1 AN ACT in relation to estates. 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 5 changing Section 11a-3 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 10 or by the alleged disabled person himself or on its own 11 motion, the court may adjudge a person to be a disabled 12 person, but only if it has been demonstrated by clear and 13 convincing evidence that the person is a disabled person as 14 defined in Section 11a-2. If the court adjudges a person to 15 be a disabled person, the courtandmay appoint (1) a 16 guardian of his person, if it has been demonstrated by clear 17 and convincing evidence that because of his disability he 18 lacks sufficient understanding or capacity to make or 19 communicate responsible decisions concerning the care of his 20 person, or (2) a guardian of his estate, if it has been 21 demonstrated by clear and convincing evidence that because of 22 his disability he is unable to manage his estate or financial 23 affairs, or (3) a guardian of his person and of his estate. 24 (b) Guardianship shall be utilized only as is necessary 25 to promote the well-being of the disabled person, to protect 26 him from neglect, exploitation, or abuse, and to encourage 27 development of his maximum self-reliance and independence. 28 Guardianship shall be ordered only to the extent necessitated 29 by the individual's actual mental, physical and adaptive 30 limitations. 31 (Source: P.A. 91-357, eff. 7-29-99.)