97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB2015

 

Introduced 2/10/2011, by Sen. Ira I. Silverstein

 

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

    Amends the Probate Act of 1975. Adds to the circumstances in which the court is allowed to appoint a temporary guardian: a guardian's death, incapacity, or resignation. Provides that the court shall state the actual harm that necessitates the temporary guardianship or any extension of the guardianship (instead of necessitates the temporary guardianship). Provides that no extension shall be granted except in a case where there has been an adjudication of disability, or if the court finds it is in the best interest of the alleged disabled person so as to protect the person from abuse or neglect. Deletes a provision stating that, except for an appeal of an adjudication of disability, no extension shall be granted.


LRB097 10113 AJO 50295 b

 

 

A BILL FOR

 

SB2015LRB097 10113 AJO 50295 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 disabled
15person or his or her estate on such notice and subject to such
16conditions as the court may prescribe. In determining the
17necessity for temporary guardianship, the immediate welfare
18and protection of the alleged disabled person and his or her
19estate shall be of paramount concern, and the interests of the
20petitioner, any care provider, or any other party shall not
21outweigh the interests of the alleged disabled person. The
22temporary guardian shall have all of the powers and duties of a
23guardian of the person or of the estate which are specifically

 

 

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1enumerated by court order. The court order shall state the
2actual harm identified by the court that necessitates temporary
3guardianship or any extension thereof.
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: Except pending the disposition on appeal of an
8adjudication 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,

 

 

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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
5the appointment of a temporary guardian is made to petition the
6court to revoke the appointment of the temporary guardian.
7(Source: P.A. 89-396, eff. 8-20-95; 90-250, eff. 7-29-97.)