HB6563 Engrossed LRB093 16565 LCB 46712 b

1     AN ACT concerning estates.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Probate Act of 1975 is amended by changing
5 Sections 11-3 and 11a-5 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 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
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.
25 One person may be appointed guardian of the person and another
26 person appointed guardian of the estate.
27     (b) The Department of Human Services or the Department of
28 Children and Family Services may with the approval of the court
29 designate one of its employees to serve without fees as
30 guardian of the estate of a minor patient in a State mental
31 hospital or a resident in a State institution when the value of
32 the personal estate does not exceed $1,000.

 

 

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1 (Source: P.A. 89-507, eff. 7-1-97; 90-430, eff. 8-16-97;
2 90-472, eff. 8-17-97.)
 
3     (755 ILCS 5/11a-5)  (from Ch. 110 1/2, par. 11a-5)
4     Sec. 11a-5. Who may act as guardian.
5     (a) A person who has attained the age of 18 years, is a
6 resident of the United States, is not of unsound mind, is not
7 an adjudged disabled person as defined in this Act, has not
8 been convicted of a felony, and who the court finds is capable
9 of providing an active and suitable program of guardianship for
10 the disabled person is qualified to act as guardian of the
11 person and as guardian of the estate if the court finds that
12 the proposed guardian is capable of providing an active and
13 suitable program of guardianship for the disabled person and
14 that the proposed guardian:
15         (1) has attained the age of 18 years;
16         (2) is a resident of the United States;
17         (3) is not of unsound mind; and
18         (4) is not an adjudged disabled person as defined in
19 this Act, and has not been convicted of a felony, unless
20 the court finds appointment of the person convicted of a
21 felony to be in the disabled person's best interests of a
22 disabled person.
23     (b) Any public agency, or not-for-profit corporation found
24 capable by the court of providing an active and suitable
25 program of guardianship for the disabled person, taking into
26 consideration the nature of such person's disability and the
27 nature of such organization's services, may be appointed
28 guardian of the person or of the estate, or both, of the
29 disabled person. The court shall not appoint as guardian an
30 agency which is directly providing residential services to the
31 ward. One person or agency may be appointed guardian of the
32 person and another person or agency appointed guardian of the
33 estate.
34     (c) Any corporation qualified to accept and execute trusts
35 in this State may be appointed guardian of the estate of a

 

 

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1 disabled person.
2 (Source: P.A. 90-430, eff. 8-16-97; 90-472, eff. 8-17-97.)
 
3     Section 99. Effective date. This Act takes effect upon
4 becoming law.