Rep. Eddie Washington
Filed: 4/21/2004
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1 | AMENDMENT TO HOUSE BILL 5385
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2 | AMENDMENT NO. ______. Amend House Bill 5385 by replacing | ||||||
3 | the title with the following:
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4 | "AN ACT concerning estates."; and | ||||||
5 | by replacing everything after the enacting clause with the | ||||||
6 | following:
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7 | "Section 5. The Probate Act of 1975 is amended by changing | ||||||
8 | Sections 11-3 and 11a-5 as follows:
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9 | (755 ILCS 5/11-3) (from Ch. 110 1/2, par. 11-3)
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10 | Sec. 11-3. 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 minor is
qualified to act
as guardian of the person and as
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17 | guardian of the estate if the court finds that the proposed | ||||||
18 | guardian is capable of providing an active and suitable program | ||||||
19 | of guardianship for the minor and that the proposed guardian: | ||||||
20 | (1) has attained the age of 18 years; | ||||||
21 | (2) is a resident of the United States; | ||||||
22 | (3) is not of unsound mind; | ||||||
23 | (4) is not an adjudged disabled person as defined in |
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1 | this Act; and | ||||||
2 | (5) has not been convicted of a felony, unless the | ||||||
3 | court finds appointment of the person convicted of a felony | ||||||
4 | to be in the minor's best interests, and as part of the | ||||||
5 | best interest determination, the court has considered the | ||||||
6 | nature of the offense, the date of offense, and the | ||||||
7 | evidence of the proposed guardian's rehabilitation. No | ||||||
8 | person shall be appointed who has been convicted of a | ||||||
9 | felony, including a felony sexual offense, involving harm | ||||||
10 | or threat to a child . | ||||||
11 | One person may be appointed guardian of the
person and another | ||||||
12 | person appointed guardian of the estate.
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13 | (b) The Department of Human Services
or the Department of | ||||||
14 | Children and Family Services may with the approval
of the court | ||||||
15 | designate one of its employees to serve without fees as
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16 | guardian of the estate of a minor patient in a State mental | ||||||
17 | hospital or
a resident in a State institution when the value of | ||||||
18 | the personal estate
does not exceed $1,000.
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19 | (Source: P.A. 89-507, eff. 7-1-97; 90-430, eff. 8-16-97; | ||||||
20 | 90-472, eff.
8-17-97.)
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21 | (755 ILCS 5/11a-5) (from Ch. 110 1/2, par. 11a-5)
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22 | Sec. 11a-5. Who may act as guardian.
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23 | (a) A person who has attained the
age of 18 years, is a | ||||||
24 | resident of the United States, is not of unsound
mind, is not | ||||||
25 | an adjudged disabled person as defined in this Act, has
not | ||||||
26 | been convicted of a felony, and who the court finds is capable | ||||||
27 | of
providing an active and suitable program of guardianship for | ||||||
28 | the disabled
person is qualified to act as guardian of the | ||||||
29 | person and as guardian of the
estate of a disabled person if | ||||||
30 | the court finds that the proposed guardian is capable of | ||||||
31 | providing an active and suitable program of guardianship for | ||||||
32 | the disabled person and that the proposed guardian: | ||||||
33 | (1) has attained the age of 18 years; |
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1 | (2) is a resident of the United States; | ||||||
2 | (3) is not of unsound mind; | ||||||
3 | (4) is not an adjudged disabled person as defined in | ||||||
4 | this Act; and | ||||||
5 | (5) has not been convicted of a felony, unless the | ||||||
6 | court finds appointment of the person convicted of a felony | ||||||
7 | to be in the disabled person's best interests, and as part | ||||||
8 | of the best interest determination, the court has | ||||||
9 | considered the nature of the offense, the date of offense, | ||||||
10 | and the evidence of the proposed guardian's | ||||||
11 | rehabilitation. No person shall be appointed who has been | ||||||
12 | convicted of a felony, including a felony sexual offense, | ||||||
13 | involving harm or threat to an elderly or disabled person .
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14 | (b) Any public agency, or not-for-profit corporation found | ||||||
15 | capable by
the court of providing an active and suitable | ||||||
16 | program of guardianship for
the disabled person, taking into | ||||||
17 | consideration the nature of such person's
disability and the | ||||||
18 | nature of such organization's services, may be appointed
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19 | guardian of the person or of the estate, or both, of the | ||||||
20 | disabled person.
The court shall not appoint as guardian an | ||||||
21 | agency which is directly
providing residential services to the | ||||||
22 | ward. One person or agency may be
appointed guardian of the | ||||||
23 | person and another person or agency appointed
guardian of the | ||||||
24 | estate.
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25 | (c) Any corporation qualified to accept and execute trusts | ||||||
26 | in this State
may be appointed guardian of the estate of a | ||||||
27 | disabled person.
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28 | (Source: P.A. 90-430, eff. 8-16-97; 90-472, eff. 8-17-97.)
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29 | Section 99. Effective date. This Act takes effect upon | ||||||
30 | becoming law.".
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