100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4686
 
Introduced , by Rep. Thomas M. Bennett
 
SYNOPSIS AS INTRODUCED:
 

 



755 ILCS 5/11a-5  from Ch. 110 1/2, par. 11a-5

     Amends the Guardians For Adults With Disabilities Article of the Probate Act of 1975. Provides that the court shall not appoint as guardian an employee of an agency that is directly
providing residential services to the ward.
  


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A BILL FOR
 

  
HB4686LRB100 17473 HEP 32642 b


  
1    AN ACT concerning civil law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Probate Act of 1975 is amended  by changing 
5Section 11a-5 as follows:
 



6    (755 ILCS 5/11a-5)  (from Ch. 110 1/2, par. 11a-5)



7    Sec. 11a-5. Who may act as guardian. 

8    (a) A person is qualified to act as guardian of the person 
9and as guardian of the
estate of a person with a disability if 
10the court finds that the proposed guardian is capable of 
11providing an active and suitable program of guardianship for 
12the person with a disability and that the proposed guardian:
13        (1) has attained the age of 18 years;
14        (2) is a resident of the United States;
15        (3) is not of unsound mind;
16        (4) is not an adjudged person with a disability as 
17    defined in this Act; and
18        (5) has not been convicted of a felony, unless the 
19    court finds appointment of the person convicted of a felony 
20    to be in the best interests of the person with a 
21    disability, and as part of the best interest determination, 
22    the court has considered the nature of the offense, the 
23    date of offense, and the evidence of the proposed 
 
 
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1    guardian's rehabilitation.  No person shall be appointed 
2    who has been convicted of a felony involving harm or threat 
3    to a minor or an elderly person or a person with a 
4    disability, including a felony sexual offense.


5    (b) Any public agency, or not-for-profit corporation found 
6capable by
the court of providing an active and suitable 
7program of guardianship for
the person with a disability, 
8taking into consideration the nature of such person's

9disability and the nature of such organization's services, may 
10be appointed
guardian of the person or of the estate, or both, 
11of the person with a disability.
The court shall not appoint as 
12guardian an agency or employee of an agency that which is 
13directly
providing residential services to the ward.  One person 
14or agency may be
appointed guardian of the person and another 
15person or agency appointed
guardian of the estate.

16    (c) Any corporation qualified to accept and execute trusts 
17in this State
may be appointed guardian of the estate of a 
18person with a disability.

19(Source: P.A. 98-120, eff. 1-1-14; 99-143, eff. 7-27-15.)