101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4563

 

Introduced 2/5/2020, by Rep. Thomas M. Bennett

 

SYNOPSIS AS INTRODUCED:
 
755 ILCS 5/11a-4  from Ch. 110 1/2, par. 11a-4

    Amends the Guardians For Adults with Disabilities Article of the Probate Act of 1975. Provides that a petition for the appointment of a temporary guardian for an alleged person with a disability shall be filed at the time of or subsequent to the filing of a petition for adjudication of disability and appointment of a guardian. Provides that the petition for the appointment of a temporary guardian shall state specified facts. Provides that notice of the time and place of the hearing on a petition for the appointment of a temporary guardian or petition to revoke the appointment of a temporary guardian shall be given not less than 3 days before the hearing. Effective immediately.


LRB101 17433 LNS 66842 b

 

 

A BILL FOR

 

HB4563LRB101 17433 LNS 66842 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Probate Act of 1975 is amended by changing
5Section 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
9Article, pending an appeal in relation to the appointment, or
10pending the completion of a citation proceeding brought
11pursuant to Section 23-3 of this Act, or upon a guardian's
12death, incapacity, or resignation, the court may appoint a
13temporary guardian upon a showing of the necessity therefor for
14the immediate welfare and protection of the alleged person with
15a disability or his or her estate on such notice and subject to
16such conditions as the court may prescribe. A petition for the
17appointment of a temporary guardian for an alleged person with
18a disability shall be filed at the time of or subsequent to the
19filing of a petition for adjudication of disability and
20appointment of a guardian. The petition for the appointment of
21a temporary guardian shall state the facts upon which it is
22based and the name, the post office address, and, in the case
23of an individual, the age and occupation of the proposed

 

 

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1temporary guardian. In determining the necessity for temporary
2guardianship, the immediate welfare and protection of the
3alleged person with a disability and his or her estate shall be
4of paramount concern, and the interests of the petitioner, any
5care provider, or any other party shall not outweigh the
6interests of the alleged person with a disability. The
7temporary guardian shall have the limited powers and duties of
8a guardian of the person or of the estate which are
9specifically enumerated by court order. The court order shall
10state the actual harm identified by the court that necessitates
11temporary guardianship or any extension thereof.
12    (a-5) Notice of the time and place of the hearing on a
13petition for the appointment of a temporary guardian shall be
14given, not less than 3 days before the hearing, by mail or in
15person to the alleged person with a disability, the proposed
16temporary guardian, and to those persons whose names and
17addresses are listed in the petition for adjudication of
18disability and appointment of a guardian under Section 11a-8.
19The court, upon a finding of good cause, may waive the notice
20requirement under this subsection.
21    (a-10) Notice of the time and place of the hearing on a
22petition to revoke the appointment of a temporary guardian
23shall be given, not less than 3 days before the hearing, by
24mail or in person to the temporary guardian, to the petitioner
25on whose petition the temporary guardian was appointed, and to
26those persons whose names and addresses are listed in the

 

 

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1petition for adjudication of disability and appointment of a
2guardian under Section 11a-8. The court, upon a finding of good
3cause, may waive the notice requirements under this subsection.
4    (b) The temporary guardianship shall expire within 60 days
5after the appointment or whenever a guardian is regularly
6appointed, whichever occurs first. No extension shall be
7granted except:
8        (1) In a case where there has been an adjudication of
9    disability, an extension shall be granted:
10            (i) pending the disposition on appeal of an
11        adjudication of disability;
12            (ii) pending the completion of a citation
13        proceeding brought pursuant to Section 23-3;
14            (iii) pending the appointment of a successor
15        guardian in a case where the former guardian has
16        resigned, has become incapacitated, or is deceased; or
17            (iv) where the guardian's powers have been
18        suspended pursuant to a court order.
19        (2) In a case where there has not been an adjudication
20    of disability, an extension shall be granted pending the
21    disposition of a petition brought pursuant to Section 11a-8
22    so long as the court finds it is in the best interest of
23    the alleged person with a disability to extend the
24    temporary guardianship so as to protect the alleged person
25    with a disability from any potential abuse, neglect,
26    self-neglect, exploitation, or other harm and such

 

 

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1    extension lasts no more than 120 days from the date the
2    temporary guardian was originally appointed.
3    The ward shall have the right any time after the
4appointment of a temporary guardian is made to petition the
5court to revoke the appointment of the temporary guardian.
6(Source: P.A. 99-70, eff. 1-1-16; 99-143, eff. 7-27-15; 99-642,
7eff. 7-28-16.)
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.