101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB0709
 
Introduced , by Rep. Michael J. Madigan
 
SYNOPSIS AS INTRODUCED:
 
  
755 ILCS 5/11-3  from Ch. 110 1/2, par. 11-3

    Amends the Probate Act of 1975.  Makes a technical change to a Section
concerning guardians.



LRB101 03728 LNS 48736 b

 
 
A BILL FOR
 


HB0709LRB101 03728 LNS 48736 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 11-3 as follows:
 



6    (755 ILCS 5/11-3)  (from Ch. 110 1/2, par. 11-3)


7    Sec. 11-3. Who may act as guardian. 

8    (a) A person is
qualified to act
as guardian of the
the 
9person and as
guardian of the estate if the court finds that 
10the proposed guardian is capable of providing an active and 
11suitable program of guardianship for the minor and that the 
12proposed 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 minor's best interests, and as part of the 
21    best interest determination, the court has considered the 
22    nature of the offense, the date of offense, and the 
23    evidence of the proposed guardian's rehabilitation. No 
 
 
HB0709- 2 -LRB101 03728 LNS 48736 b

1    person shall be appointed who has been convicted of a 
2    felony involving harm or threat to a child, including a 
3    felony sexual offense.  
4One person may be appointed guardian of the
person and another 
5person appointed guardian of the estate.

6    (b) The Department of Human Services
or the Department of 
7Children and Family Services may with the approval
of the court 
8designate one of its employees to serve without fees as

9guardian of the estate of a minor patient in a State mental 
10hospital or
a resident in a State institution when the value of 
11the personal estate
does not exceed $1,000.

12(Source: P.A. 99-143, eff. 7-27-15.)