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HB6563 Engrossed |
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LRB093 16565 LCB 46712 b |
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| AN ACT concerning estates.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Probate Act of 1975 is amended by changing |
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| Sections 11-3 and 11a-5 as follows:
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| (755 ILCS 5/11-3) (from Ch. 110 1/2, par. 11-3)
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| Sec. 11-3. Who may act as guardian.
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| (a) A person who has attained
the age of 18 years, is a |
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| resident of the United States, is not of
unsound mind, is not |
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| an adjudged disabled
person as defined in this Act, has
not |
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| been convicted of a felony, and who the court finds is capable |
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| of
providing an active and suitable program of guardianship for |
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| the minor is
qualified to act
as guardian of the person and as
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| guardian of the estate if the court finds that the proposed |
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| guardian is capable of providing an active and suitable program |
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| of guardianship for the minor and that the proposed guardian: |
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| (1) has attained the age of 18 years; |
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| (2) is a resident of the United States; |
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| (3) is not of unsound mind; |
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| (4) is not an adjudged disabled person as defined in |
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| this Act; and |
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| (5) has not been convicted of a felony, unless the |
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| court finds appointment of the person convicted of a felony |
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| to be in the minor's best interests. |
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| One person may be appointed guardian of the
person and another |
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| person appointed guardian of the estate.
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| (b) The Department of Human Services
or the Department of |
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| Children and Family Services may with the approval
of the court |
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| designate one of its employees to serve without fees as
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| guardian of the estate of a minor patient in a State mental |
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| hospital or
a resident in a State institution when the value of |
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| the personal estate
does not exceed $1,000.
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HB6563 Engrossed |
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LRB093 16565 LCB 46712 b |
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| (Source: P.A. 89-507, eff. 7-1-97; 90-430, eff. 8-16-97; |
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| 90-472, eff.
8-17-97.)
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| (755 ILCS 5/11a-5) (from Ch. 110 1/2, par. 11a-5)
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| Sec. 11a-5. Who may act as guardian.
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| (a) A person who has attained the
age of 18 years, is a |
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| resident of the United States, is not of unsound
mind, is not |
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| an adjudged disabled person as defined in this Act, has
not |
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| been convicted of a felony, and who the court finds is capable |
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| of
providing an active and suitable program of guardianship for |
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| the disabled
person is qualified to act as guardian of the |
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| person and as guardian of the
estate if the court finds that |
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| the proposed guardian is capable of providing an active and |
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| suitable program of guardianship for the disabled person and |
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| that the proposed guardian: |
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| (1) has attained the age of 18 years; |
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| (2) is a resident of the United States; |
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| (3) is not of unsound mind; and |
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| (4) is not an adjudged disabled person as defined in |
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| this Act, and has not been convicted of a felony, unless |
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| the court finds appointment of the person convicted of a |
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| felony to be in the disabled person's best interests
of a |
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| disabled person.
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| (b) Any public agency, or not-for-profit corporation found |
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| capable by
the court of providing an active and suitable |
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| program of guardianship for
the disabled person, taking into |
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| consideration the nature of such person's
disability and the |
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| nature of such organization's services, may be appointed
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| guardian of the person or of the estate, or both, of the |
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| disabled person.
The court shall not appoint as guardian an |
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| agency which is directly
providing residential services to the |
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| ward. One person or agency may be
appointed guardian of the |
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| person and another person or agency appointed
guardian of the |
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| estate.
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| (c) Any corporation qualified to accept and execute trusts |
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| in this State
may be appointed guardian of the estate of a |