Public Act 93-0435 SB41 Enrolled LRB093 00001 DRJ 02039 b AN ACT in relation to estates. Be it enacted by the People of the State of Illinois, represented in the General Assembly: Section 5. The Probate Act of 1975 is amended by changing Section 11a-3 as follows: (755 ILCS 5/11a-3) (from Ch. 110 1/2, par. 11a-3) Sec. 11a-3. Adjudication of disability; Power to appoint guardian. (a) Upon the filing of a petition by a reputable person or by the alleged disabled person himself or on its own motion, the court may adjudge a person to be a disabled person, but only if it has been demonstrated by clear and convincing evidence that the person is a disabled person as defined in Section 11a-2. If the court adjudges a person to be a disabled person, the courtandmay appoint (1) a guardian of his person, if it has been demonstrated by clear and convincing evidence that because of his disability he lacks sufficient understanding or capacity to make or communicate responsible decisions concerning the care of his person, or (2) a guardian of his estate, if it has been demonstrated by clear and convincing evidence that because of his disability he is unable to manage his estate or financial affairs, or (3) a guardian of his person and of his estate. (b) Guardianship shall be utilized only as is necessary to promote the well-being of the disabled person, to protect him from neglect, exploitation, or abuse, and to encourage development of his maximum self-reliance and independence. Guardianship shall be ordered only to the extent necessitated by the individual's actual mental, physical and adaptive limitations. (Source: P.A. 91-357, eff. 7-29-99.)