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| Public Act 100-0756 | ||||
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Probate Act of 1975 is amended by changing | ||||
Section 11a-5 as follows:
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(755 ILCS 5/11a-5) (from Ch. 110 1/2, par. 11a-5)
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Sec. 11a-5. Who may act as guardian.
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(a) A person is qualified to act as guardian of the person | ||||
and as guardian of the
estate of a person with a disability if | ||||
the court finds that the proposed guardian is capable of | ||||
providing an active and suitable program of guardianship for | ||||
the person with a disability and that the proposed guardian: | ||||
(1) has attained the age of 18 years; | ||||
(2) is a resident of the United States; | ||||
(3) is not of unsound mind; | ||||
(4) is not an adjudged person with a disability as | ||||
defined in this Act; and | ||||
(5) has not been convicted of a felony, unless the | ||||
court finds appointment of the person convicted of a felony | ||||
to be in the best interests of the person with a | ||||
disability, and as part of the best interest determination, | ||||
the court has considered the nature of the offense, the | ||||
date of offense, and the evidence of the proposed | ||||
guardian's rehabilitation. No person shall be appointed | ||
who has been convicted of a felony involving harm or threat | ||
to a minor or an elderly person or a person with a | ||
disability, including a felony sexual offense.
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(b) Any public agency, or not-for-profit corporation found | ||
capable by
the court of providing an active and suitable | ||
program of guardianship for
the person with a disability, | ||
taking into consideration the nature of such person's
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disability and the nature of such organization's services, may | ||
be appointed
guardian of the person or of the estate, or both, | ||
of the person with a disability.
The court shall not appoint as | ||
guardian an agency or employee of an agency that which is | ||
directly
providing residential services to the ward. One person | ||
or agency may be
appointed guardian of the person and another | ||
person or agency appointed
guardian of the estate.
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(c) Any corporation qualified to accept and execute trusts | ||
in this State
may be appointed guardian of the estate of a | ||
person with a disability.
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(Source: P.A. 98-120, eff. 1-1-14; 99-143, eff. 7-27-15.)
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