94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB3656


 
Introduced 2/24/2005, by Rep. Roger L. Eddy
 
SYNOPSIS AS INTRODUCED:
 		














755 ILCS 5/11-5
  from Ch. 110 1/2, par. 11-5







    Amends the Probate Act of 1975.  Provides that the court shall not appoint as guardian of the person of the minor any person who is currently required to  register as a sex offender.
















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A BILL FOR









 











HB3656

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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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Section 11-5 as follows:
 



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    (755 ILCS 5/11-5)  (from Ch. 110 1/2, par. 11-5)



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    Sec. 11-5. Appointment of guardian. 


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    (a) Upon the filing of a petition for the appointment of a 
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guardian or on
its own motion, the court may appoint a guardian 
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of the estate or of both the
person and estate, of a minor, or 
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may appoint a guardian of the person only of
a minor or minors, 
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as the court finds to be in the best interest of the minor
or 
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minors.

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    (a-1) A parent, adoptive parent or adjudicated parent, 
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whose parental rights
have not been terminated, may designate 
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in any writing, including a will, a
person qualified to act 
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under Section 11-3 to be appointed as guardian of
the person or 
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estate, or both, of an unmarried minor or of a child likely to 
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be
born.  A parent, adoptive parent or adjudicated parent, whose 
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parental rights
have not been terminated, or a guardian or a 
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standby guardian of an unmarried
minor or of a child likely to 
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be born may designate in any writing, including a
will, a 
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person qualified to act under Section 11-3 to be appointed as 
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successor
guardian of the minor's person or estate, or both.  
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The designation must be
witnessed by 2 or more credible 
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witnesses at least 18 years of age, neither of
whom is the 
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person designated as the guardian.  The designation may be 
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proved
by any competent evidence.  If the designation is 
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executed and attested in the
same manner as a will, it shall 
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have prima facie validity. The designation of a
guardian or 
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successor guardian does not affect the rights of the other 
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parent
in the minor.

 


 






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    (b) The court lacks jurisdiction to proceed on a petition 
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for the
appointment of a guardian of a minor if (i) the minor 
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has a living parent,
adoptive parent or adjudicated parent, 
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whose parental rights have not been
terminated, whose 
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whereabouts are known, and who is willing and able to make
and 
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carry out day-to-day child care decisions concerning the minor, 
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unless the
parent or parents consent to the appointment or, 
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after receiving notice of the
hearing under Section 11-10.1, 
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fail to object to the appointment at the
hearing on the 
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petition or (ii) there is a guardian for the minor appointed by

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a court of competent jurisdiction.  There shall be a rebuttable 
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presumption
that a parent of a minor is willing and able to 
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make and carry out
day-to-day child care decisions concerning 
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the minor, but the presumption may
be rebutted by a 
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preponderance of the evidence.

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    (b-1) If the court finds the appointment of a guardian of 
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the minor to be
in the best interest of the minor, and if a 
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standby guardian has previously
been appointed for the minor 
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under Section 11-5.3, the court shall appoint the
standby 
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guardian as the guardian of the person or estate, or both, of 
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the minor
unless the court finds, upon good cause shown, that 
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the appointment would no
longer be in the best interest of the 
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minor.

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    (c) If the minor is 14 years of age or more, the minor may 
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nominate the
guardian of the minor's person and estate, subject 
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to approval of the court. If
the minor's nominee is not 
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approved by the court or if, after notice to the minor, the 
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minor fails to nominate a
guardian of the minor's person or 
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estate, the court may appoint the guardian
without nomination.

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    (d) The court shall not appoint as guardian of the person 
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of the minor any
person who is currently required to  register 
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as a sex offender or whom the court has determined had caused 
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or substantially contributed to
the minor becoming a neglected 
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or abused minor as defined in the Juvenile Court
Act of 1987 
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unless 2 years have elapsed since the last proven incident of 
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abuse
or neglect and the court determines that appointment of 
 


 






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such person as guardian
is in the best interests of the minor.

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    (e) Previous statements made by the minor relating to any 
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allegations
that the minor is an abused or neglected child 
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within the meaning of the
Abused and Neglected Child Reporting 
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Act, or an abused or neglected minor
within the meaning of the 
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Juvenile Court Act of 1987, shall be admissible
in evidence in 
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a hearing concerning appointment of a guardian of the person
or 
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estate of the minor.  No such statement, however, if 
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uncorroborated and
not subject to cross-examination, shall be 
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sufficient in itself to support
a finding of abuse or neglect.

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(Source: P.A. 90-430, eff. 8-16-97; 90-472, eff. 8-17-97; 
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90-796, eff. 12-15-98.)