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Rep. Sara Feigenholtz
Filed: 2/22/2012
| | 09700HB4985ham001 | | LRB097 20061 JLS 66334 a |
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| 1 | | AMENDMENT TO HOUSE BILL 4985
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| 2 | | AMENDMENT NO. ______. Amend House Bill 4985 on page 1, line |
| 3 | | 5, by replacing "Sections 31 and 32" with "Section 31"; and
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| 4 | | on page 1 by deleting line 22; and
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| 5 | | by deleting all of page 2; and
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| 6 | | on page 3 by deleting lines 1 through 14; and
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| 7 | | on page 4, line 9, by replacing "public guardian" with "public |
| 8 | | guardian, any State agency under the jurisdiction of the |
| 9 | | Governor"; and
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| 10 | | on page 7, line 5, by replacing "13-1, and 13-5" with "11a-20, |
| 11 | | and 13-1"; and
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| 12 | | on page 9 by inserting immediately below line 1 the following:
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| | 09700HB4985ham001 | - 2 - | LRB097 20061 JLS 66334 a |
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| 1 | | "(755 ILCS 5/11a-20) (from Ch. 110 1/2, par. 11a-20)
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| 2 | | Sec. 11a-20.
Termination of adjudication of disability - |
| 3 | | Revocation
of letters - modification.) (a) Upon the filing of
a |
| 4 | | petition by or on behalf of a disabled person or on its own |
| 5 | | motion, the
court may terminate the adjudication of disability |
| 6 | | of the ward, revoke the
letters of guardianship of the estate |
| 7 | | or person, or both, or modify the duties
of the guardian unless |
| 8 | | it has been demonstrated by clear and convincing evidence that |
| 9 | | the ward is incapable of performing if the ward's capacity to |
| 10 | | perform the tasks necessary for
the care of his person or the |
| 11 | | management of his estate has been
demonstrated by clear and |
| 12 | | convincing evidence. A report or testimony by a
licensed |
| 13 | | physician is not a prerequisite for termination, revocation or
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| 14 | | modification of a guardianship order.
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| 15 | | (b) A request by the ward or any other person on the ward's |
| 16 | | behalf,
under this Section may be communicated to the court or |
| 17 | | judge by any means,
including but not limited to informal |
| 18 | | letter, telephone call or visit. Upon
receipt of a request from |
| 19 | | the ward or another person, the court may
appoint a guardian ad |
| 20 | | litem to investigate and report to the court
concerning the |
| 21 | | allegations made in conjunction with said request, and if
the |
| 22 | | ward wishes to terminate, revoke, or modify the guardianship |
| 23 | | order, to
prepare the ward's petition and to render such other |
| 24 | | services as the court
directs.
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| 25 | | (c) Notice of the hearing on a petition under this Section, |
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| 1 | | together
with a copy of the petition, shall be given to the |
| 2 | | ward, unless he is the
petitioner, and to each and every |
| 3 | | guardian to whom letters of guardianship
have been issued and |
| 4 | | not revoked, not less than 14 days before the hearing.
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| 5 | | (Source: P.A. 86-605.)"; and
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| 6 | | on page 10 by deleting lines 16 through 25; and
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| 7 | | by deleting all of pages 11 through 14.
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