SB2894sam001 97TH GENERAL ASSEMBLY

Sen. Ira I. Silverstein

Filed: 2/22/2012

09700SB2894sam001 LRB097 17188 JLS 66354 a

AMENDMENT TO SENATE BILL 2894

AMENDMENT NO. ______. Amend Senate Bill 2894 on page 1, line 5, by replacing "Sections 31 and 32" with "Section 31"; and

on page 1 by deleting line 22; and

by deleting all of page 2; and

on page 3 by deleting lines 1 through 14; and

on page 4, line 9, by replacing "public guardian" with "public guardian, any State agency under the jurisdiction of the Governor"; and

on page 7, line 5, by replacing "13-1, and 13-5" with "11a-20, and 13-1"; and

on page 9 by inserting immediately below line 1 the following:

"(755 ILCS 5/11a-20) (from Ch. 110 1/2, par. 11a-20)

Sec. 11a-20. Termination of adjudication of disability - Revocation of letters - modification.) (a) Upon the filing of a petition by or on behalf of a disabled person or on its own motion, the court may terminate the adjudication of disability of the ward, revoke the letters of guardianship of the estate or person, or both, or modify the duties of the guardian unless it has been demonstrated by clear and convincing evidence that the ward is incapable of performing if the ward's capacity to perform the tasks necessary for the care of his person or the management of his estate has been demonstrated by clear and convincing evidence. A report or testimony by a licensed physician is not a prerequisite for termination, revocation or modification of a guardianship order.

(b) A request by the ward or any other person on the ward's behalf, under this Section may be communicated to the court or judge by any means, including but not limited to informal letter, telephone call or visit. Upon receipt of a request from the ward or another person, the court may appoint a guardian ad litem to investigate and report to the court concerning the allegations made in conjunction with said request, and if the ward wishes to terminate, revoke, or modify the guardianship order, to prepare the ward's petition and to render such other services as the court directs.

(c) Notice of the hearing on a petition under this Section, together with a copy of the petition, shall be given to the ward, unless he is the petitioner, and to each and every guardian to whom letters of guardianship have been issued and not revoked, not less than 14 days before the hearing.

(Source: P.A. 86-605.)"; and

on page 10 by deleting lines 16 through 25; and

by deleting all of pages 11 through 14.