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| 1 | AN ACT concerning civil law.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Probate Act of 1975 is amended by changing | ||||||
| 5 | Section 11a-5 as follows:
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| 6 | (755 ILCS 5/11a-5) (from Ch. 110 1/2, par. 11a-5)
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| 7 | Sec. 11a-5. Who may act as guardian.
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| 8 | (a) A person is qualified to act as guardian of the person | ||||||
| 9 | and as guardian of the
estate of a disabled person if the court | ||||||
| 10 | finds that the proposed guardian is capable of providing an | ||||||
| 11 | active and suitable program of guardianship for the disabled | ||||||
| 12 | person and that the proposed guardian: | ||||||
| 13 | (1) has attained the age of 18 years; | ||||||
| 14 | (2) is a resident of the United States; | ||||||
| 15 | (3) is not of unsound mind; | ||||||
| 16 | (4) is not an adjudged disabled person as defined in | ||||||
| 17 | this Act; and | ||||||
| 18 | (5) has not been convicted of a felony, unless the | ||||||
| 19 | court finds appointment of the person convicted of a felony | ||||||
| 20 | to be in the disabled person's best interests, and as part | ||||||
| 21 | of the best interest determination, the court has | ||||||
| 22 | considered the nature of the offense, the date of offense, | ||||||
| 23 | and the evidence of the proposed guardian's | ||||||
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| 1 | rehabilitation. No person shall be appointed who has been | ||||||
| 2 | convicted of a felony involving harm or threat to a minor | ||||||
| 3 | or an elderly or disabled person, including a felony sexual | ||||||
| 4 | offense.
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| 5 | (b) Any public agency, or not-for-profit corporation found | ||||||
| 6 | capable by
the court of providing an active and suitable | ||||||
| 7 | program of guardianship for
the disabled person, taking into | ||||||
| 8 | consideration the nature of such person's
disability and the | ||||||
| 9 | nature of such organization's services, may be appointed
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| 10 | guardian of the person or of the estate, or both, of the | ||||||
| 11 | disabled person.
The court shall not appoint as guardian an | ||||||
| 12 | agency which is directly
providing residential services to the | ||||||
| 13 | ward. One person or agency may be
appointed guardian of the | ||||||
| 14 | person and another person or agency appointed
guardian of the | ||||||
| 15 | estate.
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| 16 | (c) Any corporation qualified to accept and execute trusts | ||||||
| 17 | in this State
may be appointed guardian of the estate of a | ||||||
| 18 | disabled person.
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| 19 | (Source: P.A. 94-579, eff. 8-12-05.)
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