| |||||||
| |||||||
| |||||||
| 1 | AN ACT concerning civil law.
| ||||||
| 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 | Section 11a-4 as follows:
| ||||||
| 6 | (755 ILCS 5/11a-4) (from Ch. 110 1/2, par. 11a-4)
| ||||||
| 7 | Sec. 11a-4. Temporary guardian. | ||||||
| 8 | (a) Prior to the appointment of a guardian
under this | ||||||
| 9 | Article, pending an appeal in relation to the
appointment, or
| ||||||
| 10 | pending the
completion of a citation proceeding brought | ||||||
| 11 | pursuant to Section 23-3 of this
Act,
or upon a guardian's | ||||||
| 12 | death, incapacity, or resignation, the court may appoint a | ||||||
| 13 | temporary guardian upon a showing of the necessity
therefor for | ||||||
| 14 | the immediate welfare and protection of the alleged
disabled | ||||||
| 15 | person or his or her estate
on such notice and subject to such | ||||||
| 16 | conditions as the court may prescribe.
In determining the | ||||||
| 17 | necessity for temporary guardianship, the immediate
welfare | ||||||
| 18 | and protection of the alleged disabled person and his or her | ||||||
| 19 | estate
shall be
of paramount concern, and the interests of the | ||||||
| 20 | petitioner, any care provider,
or any other party shall not | ||||||
| 21 | outweigh the interests of the alleged disabled
person.
The | ||||||
| 22 | temporary guardian shall have all of the powers and duties of a | ||||||
| 23 | guardian
of the person or of the estate which are specifically | ||||||
| |||||||
| |||||||
| 1 | enumerated by court
order. The court order shall state the | ||||||
| 2 | actual harm identified by the court
that necessitates temporary | ||||||
| 3 | guardianship or any extension thereof. | ||||||
| 4 | (b) The temporary guardianship shall
expire within 60 days | ||||||
| 5 | after the
appointment or whenever a guardian is regularly | ||||||
| 6 | appointed, whichever occurs
first. No extension shall be | ||||||
| 7 | granted except:
Except pending the disposition on appeal of an | ||||||
| 8 | adjudication of disability, no
extension shall be granted.
| ||||||
| 9 | (1) In a case where there has been an adjudication of | ||||||
| 10 | disability, an extension shall be granted: | ||||||
| 11 | (i) pending the disposition on appeal of an | ||||||
| 12 | adjudication of disability; | ||||||
| 13 | (ii) pending the completion of a citation | ||||||
| 14 | proceeding brought pursuant to Section 23-3; | ||||||
| 15 | (iii) pending the appointment of a successor | ||||||
| 16 | guardian in a case where the former guardian has | ||||||
| 17 | resigned, has become incapacitated, or is deceased; or | ||||||
| 18 | (iv) where the guardian's powers have been | ||||||
| 19 | suspended pursuant to a court order. | ||||||
| 20 | (2) In a case where there has not been an adjudication | ||||||
| 21 | of disability, an extension shall be granted pending the | ||||||
| 22 | disposition of a petition brought pursuant to Section 11a-8 | ||||||
| 23 | so long as the court finds it is in the best interest of | ||||||
| 24 | the alleged disabled person to extend the temporary | ||||||
| 25 | guardianship so as to protect the alleged disabled person | ||||||
| 26 | from any potential abuse, neglect, self-neglect, | ||||||
| |||||||
| |||||||
| 1 | exploitation, or other harm and such extension lasts no | ||||||
| 2 | more than 120 days from the date the temporary guardian was | ||||||
| 3 | originally appointed. | ||||||
| 4 | The However, the ward shall have the right any time after | ||||||
| 5 | the appointment
of a temporary guardian is made to petition the | ||||||
| 6 | court to revoke the appointment
of the temporary guardian.
| ||||||
| 7 | (Source: P.A. 89-396, eff. 8-20-95; 90-250, eff. 7-29-97.)
| ||||||