Illinois General Assembly - Full Text of SB0658
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Full Text of SB0658  94th General Assembly

SB0658enr 94TH GENERAL ASSEMBLY



 


 
SB0658 Enrolled LRB094 09010 LCB 39231 b

1     AN ACT concerning estates.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Probate Act of 1975 is amended by changing
5 Sections 11-3 and 11a-5 as follows:
 
6     (755 ILCS 5/11-3)  (from Ch. 110 1/2, par. 11-3)
7     Sec. 11-3. Who may act as guardian.
8     (a) A person who has attained the age of 18 years, is a
9 resident of the United States, is not of unsound mind, is not
10 an adjudged disabled person as defined in this Act, has not
11 been convicted of a felony, and who the court finds is capable
12 of providing an active and suitable program of guardianship for
13 the minor is qualified to act as guardian of the person and as
14 guardian of the estate if the court finds that the proposed
15 guardian is capable of providing an active and suitable program
16 of guardianship for the minor and that the proposed guardian:
17         (1) has attained the age of 18 years;
18         (2) is a resident of the United States;
19         (3) is not of unsound mind;
20         (4) is not an adjudged disabled person as defined in
21     this Act; and
22         (5) has not been convicted of a felony, unless the
23     court finds appointment of the person convicted of a felony
24     to be in the minor's best interests, and as part of the
25     best interest determination, the court has considered the
26     nature of the offense, the date of offense, and the
27     evidence of the proposed guardian's rehabilitation. No
28     person shall be appointed who has been convicted of a
29     felony involving harm or threat to a child, including a
30     felony sexual offense.
31 One person may be appointed guardian of the person and another
32 person appointed guardian of the estate.

 

 

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1     (b) The Department of Human Services or the Department of
2 Children and Family Services may with the approval of the court
3 designate one of its employees to serve without fees as
4 guardian of the estate of a minor patient in a State mental
5 hospital or a resident in a State institution when the value of
6 the personal estate does not exceed $1,000.
7 (Source: P.A. 89-507, eff. 7-1-97; 90-430, eff. 8-16-97;
8 90-472, eff. 8-17-97.)
 
9     (755 ILCS 5/11a-5)  (from Ch. 110 1/2, par. 11a-5)
10     Sec. 11a-5. Who may act as guardian.
11     (a) A person who has attained the age of 18 years, is a
12 resident of the United States, is not of unsound mind, is not
13 an adjudged disabled person as defined in this Act, has not
14 been convicted of a felony, and who the court finds is capable
15 of providing an active and suitable program of guardianship for
16 the disabled person is qualified to act as guardian of the
17 person and as guardian of the estate of a disabled person if
18 the court finds that the proposed guardian is capable of
19 providing an active and suitable program of guardianship for
20 the disabled person and that the proposed guardian:
21         (1) has attained the age of 18 years;
22         (2) is a resident of the United States;
23         (3) is not of unsound mind;
24         (4) is not an adjudged disabled person as defined in
25     this Act; and
26         (5) has not been convicted of a felony, unless the
27     court finds appointment of the person convicted of a felony
28     to be in the disabled person's best interests, and as part
29     of the best interest determination, the court has
30     considered the nature of the offense, the date of offense,
31     and the evidence of the proposed guardian's
32     rehabilitation. No person shall be appointed who has been
33     convicted of a felony involving harm or threat to an
34     elderly or disabled person, including a felony sexual
35     offense.

 

 

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1     (b) Any public agency, or not-for-profit corporation found
2 capable by the court of providing an active and suitable
3 program of guardianship for the disabled person, taking into
4 consideration the nature of such person's disability and the
5 nature of such organization's services, may be appointed
6 guardian of the person or of the estate, or both, of the
7 disabled person. The court shall not appoint as guardian an
8 agency which is directly providing residential services to the
9 ward. One person or agency may be appointed guardian of the
10 person and another person or agency appointed guardian of the
11 estate.
12     (c) Any corporation qualified to accept and execute trusts
13 in this State may be appointed guardian of the estate of a
14 disabled person.
15 (Source: P.A. 90-430, eff. 8-16-97; 90-472, eff. 8-17-97.)
 
16     Section 99. Effective date. This Act takes effect upon
17 becoming law.