Rep. Sara Feigenholtz
Filed: 6/1/2004
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 938




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    AMENDMENT NO. ______. Amend Senate Bill 938 by replacing 
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everything after the enacting clause with the following:

 
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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, and as part of the 
 


 






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    best interest determination, the court has considered the 
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    nature of the offense, the date of offense, and the 
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    evidence of the proposed guardian's rehabilitation. No 
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    person shall be appointed who has been convicted of a 
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    felony, including a felony sexual offense, involving harm 
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    or threat to a child.  
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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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(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 of a disabled person if 
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the court finds that the proposed guardian is capable of 
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providing an active and suitable program of guardianship for 
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the disabled person 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 disabled person's best interests, and as part 
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    of the best interest determination, the court has 
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    considered the nature of the offense, the date of offense, 
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    and the evidence of the proposed guardian's 
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    rehabilitation.  No person shall be appointed who has been 
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    convicted of a felony, including a felony sexual offense, 
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    involving harm or threat to an elderly or 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 
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disabled person.

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(Source: P.A. 90-430, eff. 8-16-97; 90-472, eff. 8-17-97.)


 
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    Section 99. Effective date. This Act takes effect July 1, 
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2005.".