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| 1 | AN ACT concerning civil law.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Probate Act of 1975 is amended by changing | ||||||
| 5 | Section 11a-5 as follows:
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| 6 | (755 ILCS 5/11a-5) (from Ch. 110 1/2, par. 11a-5)
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| 7 | Sec. 11a-5. Who may act as guardian.
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| 8 | (a) A person is qualified to act as guardian of the person | ||||||
| 9 | and as guardian of the
estate of a person with a disability if | ||||||
| 10 | the court finds that the proposed guardian is capable of | ||||||
| 11 | providing an active and suitable program of guardianship for | ||||||
| 12 | the 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.
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| 5 | (b) Any public agency, or not-for-profit corporation found | ||||||
| 6 | capable by
the court of providing an active and suitable | ||||||
| 7 | program of guardianship for
the person with a disability, | ||||||
| 8 | taking into consideration the nature of such person's
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| 9 | disability and the nature of such organization's services, may | ||||||
| 10 | be appointed
guardian of the person or of the estate, or both, | ||||||
| 11 | of the person with a disability.
The court shall not appoint as | ||||||
| 12 | guardian an agency or employee of an agency that which is | ||||||
| 13 | directly
providing residential services to the ward. One person | ||||||
| 14 | or agency may be
appointed guardian of the person and another | ||||||
| 15 | person or agency appointed
guardian of the estate.
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| 16 | (c) Any corporation qualified to accept and execute trusts | ||||||
| 17 | in this State
may be appointed guardian of the estate of a | ||||||
| 18 | person with a disability.
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| 19 | (Source: P.A. 98-120, eff. 1-1-14; 99-143, eff. 7-27-15.)
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