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1 | AN ACT concerning estates.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Probate Act of 1975 is amended by changing | ||||||
5 | Sections 11-3 and 11a-5 as follows:
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6 | (755 ILCS 5/11-3) (from Ch. 110 1/2, par. 11-3)
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7 | Sec. 11-3. Who may act as guardian.
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8 | (a) A person who has attained
the age of 18 years, is a | ||||||
9 | resident of the United States, is not of
unsound mind, is not | ||||||
10 | an adjudged disabled
person as defined in this Act, has
not | ||||||
11 | been convicted of a felony, and who the court finds is capable | ||||||
12 | of
providing an active and suitable program of guardianship for | ||||||
13 | the minor is
qualified to act
as guardian of the person and as
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14 | guardian of the estate if the court finds that the proposed | ||||||
15 | guardian is capable of providing an active and suitable program | ||||||
16 | of guardianship for the minor and that the proposed guardian: | ||||||
17 | (1) has attained the age of 18 years; | ||||||
18 | (2) is a resident of the United States; | ||||||
19 | (3) is not of unsound mind; | ||||||
20 | (4) is not an adjudged disabled person as defined in | ||||||
21 | this Act; and | ||||||
22 | (5) has not been convicted of a felony, unless the | ||||||
23 | court finds appointment of the person convicted of a felony | ||||||
24 | to be in the minor's best interests, and as part of the | ||||||
25 | best interest determination, the court has considered the | ||||||
26 | nature of the offense, the date of offense, and the | ||||||
27 | evidence of the proposed guardian's rehabilitation. No | ||||||
28 | person shall be appointed who has been convicted of a | ||||||
29 | felony, including a felony sexual offense, involving harm | ||||||
30 | or threat to a child . | ||||||
31 | One person may be appointed guardian of the
person and another | ||||||
32 | person appointed guardian of the estate.
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1 | (b) The Department of Human Services
or the Department of | ||||||
2 | Children and Family Services may with the approval
of the court | ||||||
3 | designate one of its employees to serve without fees as
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4 | guardian of the estate of a minor patient in a State mental | ||||||
5 | hospital or
a resident in a State institution when the value of | ||||||
6 | the personal estate
does not exceed $1,000.
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7 | (Source: P.A. 89-507, eff. 7-1-97; 90-430, eff. 8-16-97; | ||||||
8 | 90-472, eff.
8-17-97.)
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9 | (755 ILCS 5/11a-5) (from Ch. 110 1/2, par. 11a-5)
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10 | Sec. 11a-5. Who may act as guardian.
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11 | (a) A person who has attained the
age of 18 years, is a | ||||||
12 | resident of the United States, is not of unsound
mind, is not | ||||||
13 | an adjudged disabled person as defined in this Act, has
not | ||||||
14 | been convicted of a felony, and who the court finds is capable | ||||||
15 | of
providing an active and suitable program of guardianship for | ||||||
16 | the disabled
person is qualified to act as guardian of the | ||||||
17 | person and as guardian of the
estate of a disabled person if | ||||||
18 | the court finds that the proposed guardian is capable of | ||||||
19 | providing an active and suitable program of guardianship for | ||||||
20 | the disabled person and that the proposed guardian: | ||||||
21 | (1) has attained the age of 18 years; | ||||||
22 | (2) is a resident of the United States; | ||||||
23 | (3) is not of unsound mind; | ||||||
24 | (4) is not an adjudged disabled person as defined in | ||||||
25 | this Act; and | ||||||
26 | (5) has not been convicted of a felony, unless the | ||||||
27 | court finds appointment of the person convicted of a felony | ||||||
28 | to be in the disabled person's best interests, and as part | ||||||
29 | of the best interest determination, the court has | ||||||
30 | considered the nature of the offense, the date of offense, | ||||||
31 | and the evidence of the proposed guardian's | ||||||
32 | rehabilitation. No person shall be appointed who has been | ||||||
33 | convicted of a felony, including a felony sexual offense, | ||||||
34 | involving harm or threat to an elderly or disabled person .
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35 | (b) Any public agency, or not-for-profit corporation found |
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1 | capable by
the court of providing an active and suitable | ||||||
2 | program of guardianship for
the disabled person, taking into | ||||||
3 | consideration the nature of such person's
disability and the | ||||||
4 | nature of such organization's services, may be appointed
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5 | guardian of the person or of the estate, or both, of the | ||||||
6 | disabled person.
The court shall not appoint as guardian an | ||||||
7 | agency which is directly
providing residential services to the | ||||||
8 | ward. One person or agency may be
appointed guardian of the | ||||||
9 | person and another person or agency appointed
guardian of the | ||||||
10 | estate.
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11 | (c) Any corporation qualified to accept and execute trusts | ||||||
12 | in this State
may be appointed guardian of the estate of a | ||||||
13 | disabled person.
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14 | (Source: P.A. 90-430, eff. 8-16-97; 90-472, eff. 8-17-97.)
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15 | Section 99. Effective date. This Act takes effect upon | ||||||
16 | becoming law. |