HB5573 98TH GENERAL ASSEMBLY

LRB098 19342 HEP 54495 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5573

Introduced , by Rep. David Harris

SYNOPSIS AS INTRODUCED:

755 ILCS 5/11a-3	from Ch. 110 1/2, par. 11a-3
755 ILCS 5/11a-8.2 new

Amends the Probate Act of 1975. Provides that guardianship of a disabled adult may not be used in a retaliatory manner or as a convenience for a health care provider or family member. Provides that no petition for guardianship shall seek relief that is in conflict with any properly and previously executed will, trust, power of attorney, durable power of attorney, health care directive, advance directive, or other directive unless undue influence is proven in the creation of the document, by clear and convincing evidence, at a hearing conducted under the rules of civil procedure of this State.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Probate Act of 1975 is amended by changing Section 11a-3 and by adding Section 11a-8.2 as follows:

(755 ILCS 5/11a-3) (from Ch. 110 1/2, par. 11a-3)

Sec. 11a-3. Adjudication of disability; Power to appoint guardian.

(a) Upon the filing of a petition by a reputable person or by the alleged disabled person himself or on its own motion, the court may adjudge a person to be a disabled person, but only if it has been demonstrated by clear and convincing evidence that the person is a disabled person as defined in Section 11a-2. If the court adjudges a person to be a disabled person, the court may appoint (1) a guardian of his person, if it has been demonstrated by clear and convincing evidence that because of his disability he lacks sufficient understanding or capacity to make or communicate responsible decisions concerning the care of his person, or (2) a guardian of his estate, if it has been demonstrated by clear and convincing evidence that because of his disability he is unable to manage his estate or financial affairs, or (3) a guardian of his person and of his estate.

(b) Guardianship shall be utilized only as is necessary to promote the well-being of the disabled person, to protect him from neglect, exploitation, or abuse, and to encourage development of his maximum self-reliance and independence. Guardianship shall be ordered only to the extent necessitated by the individual's actual mental, physical and adaptive limitations. Guardianship may not be used in a retaliatory manner or as a convenience for a health care provider or family member.

(Source: P.A. 93-435, eff. 1-1-04.)

(755 ILCS 5/11a-8.2 new)

Sec. 11a-8.2. Petitions; previously executed documents. No petition under this Article shall seek relief that is in conflict with any properly and previously executed will, trust, power of attorney, durable power of attorney, health care directive, advance directive, or other directive unless undue influence is proven in the creation of the document, by clear and convincing evidence, at a hearing conducted under the rules of civil procedure of this State.