Full Text of HB0759 96th General Assembly
HB0759enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning civil law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Article 1. General Provisions | 5 |
| Section 101. Short title. This Act may be cited as the | 6 |
| Uniform Adult Guardianship and Protective Proceedings | 7 |
| Jurisdiction Act. | 8 |
| Section 102. Definitions. In this Act: | 9 |
| (1) "Adult" means an individual who has attained 18 years | 10 |
| of age. | 11 |
| (2) "Conservator" means a person appointed by the court to | 12 |
| administer the property of an adult, including a person | 13 |
| appointed under the Probate Act of 1975. | 14 |
| (3) "Guardian" means a person appointed by the court to | 15 |
| make decisions regarding the person of an adult, including a | 16 |
| person appointed under the Probate Act of 1975. | 17 |
| (4) "Guardianship order" means an order appointing a | 18 |
| guardian. | 19 |
| (5) "Guardianship proceeding" means a judicial proceeding | 20 |
| in which an order for the appointment of a guardian is sought | 21 |
| or has been issued. | 22 |
| (6) "Incapacitated person" means an adult for whom a |
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| guardian has been appointed. | 2 |
| (7) "Party" means the respondent, petitioner, guardian, | 3 |
| conservator, or any other person allowed by the court to | 4 |
| participate in a guardianship or protective proceeding. | 5 |
| (8) "Person", except in the term incapacitated person or | 6 |
| protected person, means an individual, corporation, business | 7 |
| trust, estate, trust, partnership, limited liability company, | 8 |
| association, joint venture, public corporation, government or | 9 |
| governmental subdivision, agency, or instrumentality, or any | 10 |
| other legal or commercial entity. | 11 |
| (9) "Protected person" means an adult for whom a protective | 12 |
| order has been issued. | 13 |
| (10) "Protective order" means an order appointing a | 14 |
| conservator or other order related to management of an adult's | 15 |
| property. | 16 |
| (11) "Protective proceeding" means a judicial proceeding | 17 |
| in which a protective order is sought or has been issued. | 18 |
| (12) "Record" means information that is inscribed on a | 19 |
| tangible medium or that is stored in an electronic or other | 20 |
| medium and is retrievable in perceivable form. | 21 |
| (13) "Respondent" means an adult for whom a protective | 22 |
| order or the appointment of a guardian is sought. | 23 |
| (14) "State" means a state of the United States, the | 24 |
| District of Columbia, Puerto Rico, the United States Virgin | 25 |
| Islands, a federally recognized Indian tribe, or any territory | 26 |
| or insular possession subject to the jurisdiction of the United |
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LRB096 04099 DRJ 14138 b |
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| States.
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| Section 103. International application of Act. A court of | 3 |
| this state may treat a foreign country as if it were a state | 4 |
| for the purpose of applying this Article and Articles 2, 3, and | 5 |
| 5. | 6 |
| Section 104. Communication between courts. | 7 |
| (a) A court of this state may communicate with a court in | 8 |
| another state concerning a proceeding arising under this Act. | 9 |
| The court may allow the parties to participate in the | 10 |
| communication. Except as otherwise provided in subsection (b), | 11 |
| the court shall make a record of the communication. The record | 12 |
| may be limited to the fact that the communication occurred. | 13 |
| (b) Courts may communicate concerning schedules, | 14 |
| calendars, court records, and other administrative matters | 15 |
| without making a record.
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| Section 105. Cooperation between courts. | 17 |
| (a) In a guardianship or protective proceeding in this | 18 |
| state, a court of this state may request the appropriate court | 19 |
| of another state to do any of the following: | 20 |
| (1) hold an evidentiary hearing; | 21 |
| (2) order a person in that state to produce evidence or | 22 |
| give testimony pursuant to procedures of that state; | 23 |
| (3) order that an evaluation or assessment be made of |
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| the respondent; | 2 |
| (4) order any appropriate investigation of a person | 3 |
| involved in a proceeding; | 4 |
| (5) forward to the court of this state a certified copy | 5 |
| of the transcript or other record of a hearing under | 6 |
| paragraph (1) or any other proceeding, any evidence | 7 |
| otherwise produced under paragraph (2), and any evaluation | 8 |
| or assessment prepared in compliance with an order under | 9 |
| paragraph (3) or (4); | 10 |
| (6) issue any order necessary to assure the appearance | 11 |
| in the proceeding of a person whose presence is necessary | 12 |
| for the court to make a determination, including the | 13 |
| respondent or the incapacitated or protected person; | 14 |
| (7) issue an order authorizing the release of medical, | 15 |
| financial, criminal, or other relevant information in that | 16 |
| state, including protected health information as defined | 17 |
| in 45 C.F.R. Section 164.504. | 18 |
| (b) If a court of another state in which a guardianship or | 19 |
| protective proceeding is pending requests assistance of the | 20 |
| kind provided in subsection (a), a court of this state has | 21 |
| jurisdiction for the limited purpose of granting the request or | 22 |
| making reasonable efforts to comply with the request.
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| Section 106. Taking testimony in another state. | 24 |
| (a) In a guardianship or protective proceeding, in addition | 25 |
| to other procedures that may be available, testimony of a |
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| witness who is located in another state may be offered by | 2 |
| deposition or other means allowable in this state for testimony | 3 |
| taken in another state. The court on its own motion may order | 4 |
| that the testimony of a witness be taken in another state and | 5 |
| may prescribe the manner in which and the terms upon which the | 6 |
| testimony is to be taken. | 7 |
| (b) In a guardianship or protective proceeding, a court in | 8 |
| this state may permit a witness located in another state to be | 9 |
| deposed or to testify by telephone or audiovisual or other | 10 |
| electronic means. A court of this state shall cooperate with | 11 |
| the court of the other state in designating an appropriate | 12 |
| location for the deposition or testimony. | 13 |
| (c) Documentary evidence transmitted from another state to | 14 |
| a court of this state by technological means that do not | 15 |
| produce an original writing may not be excluded from evidence | 16 |
| on an objection based on the best evidence rule.
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| Article 2. Jurisdiction | 18 |
| Section 201. Definitions; significant connection factors. | 19 |
| (a) In this Article: | 20 |
| (1) "Emergency" means a circumstance that likely will | 21 |
| result in substantial harm to a respondent's health, | 22 |
| safety, or welfare, and for which the appointment of a | 23 |
| guardian is necessary because no other person has authority | 24 |
| and is willing to act on the respondent's behalf. |
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HB0759 Enrolled |
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| (2) "Home state" means the state in which the | 2 |
| respondent was physically present, including any period of | 3 |
| temporary absence, for at least six consecutive months | 4 |
| immediately before the filing of a petition for a | 5 |
| protective order or the appointment of a guardian; or if | 6 |
| none, the state in which the respondent was physically | 7 |
| present, including any period of temporary absence, for at | 8 |
| least six consecutive months ending within the six months | 9 |
| prior to the filing of the petition. | 10 |
| (3) "Significant-connection state" means a state, | 11 |
| other than the home state, with which a respondent has a | 12 |
| significant connection other than mere physical presence | 13 |
| and in which substantial evidence concerning the | 14 |
| respondent is available. | 15 |
| (b) In determining under Section 203 and Section 301(e) | 16 |
| whether a respondent has a significant connection with a | 17 |
| particular state, the court shall consider: | 18 |
| (1) the location of the respondent's family and other | 19 |
| persons required to be notified of the guardianship or | 20 |
| protective proceeding; | 21 |
| (2) the length of time the respondent at any time was | 22 |
| physically present in the state and the duration of any | 23 |
| absence; | 24 |
| (3) the location of the respondent's property; and | 25 |
| (4) the extent to which the respondent has ties to the | 26 |
| state such as voting registration, state or local tax |
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HB0759 Enrolled |
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| return filing, vehicle registration, driver's license, | 2 |
| social relationship, and receipt of services.
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| Section 202. Exclusive basis. This Article provides the | 4 |
| exclusive jurisdictional basis for a court of this state to | 5 |
| appoint a guardian or issue a protective order for an adult. | 6 |
| Section 203. Jurisdiction. A court of this state has | 7 |
| jurisdiction to appoint a guardian or issue a protective order | 8 |
| for a respondent if: | 9 |
| (1) this state is the respondent's home state; | 10 |
| (2) on the date the petition is filed, this state is a | 11 |
| significant-connection state and: | 12 |
| (A) the respondent does not have a home state or a | 13 |
| court of the respondent's home state has declined to | 14 |
| exercise jurisdiction because this state is a more | 15 |
| appropriate forum; or | 16 |
| (B) the respondent has a home state, a petition for | 17 |
| an appointment or order is not pending in a court of | 18 |
| that state or another significant-connection state, | 19 |
| and, before the court makes the appointment or issues | 20 |
| the order: | 21 |
| (i) a petition for an appointment or order is | 22 |
| not filed in the respondent's home state; | 23 |
| (ii) an objection to the court's jurisdiction | 24 |
| is not filed by a person required to be notified of |
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| the proceeding; and | 2 |
| (iii) the court in this state concludes that it | 3 |
| is an appropriate forum under the factors set forth | 4 |
| in Section 206; | 5 |
| (3) this state does not have jurisdiction under either | 6 |
| paragraph (1) or (2), the respondent's home state and all | 7 |
| significant-connection states have declined to exercise | 8 |
| jurisdiction because this state is the more appropriate | 9 |
| forum, and jurisdiction in this state is consistent with | 10 |
| the constitutions of this state and the United States; or | 11 |
| (4) the requirements for special jurisdiction under | 12 |
| Section 204 are met.
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| Section 204. Special jurisdiction. | 14 |
| (a) A court of this state lacking jurisdiction under | 15 |
| Section 203(1) through (3) has special jurisdiction to do any | 16 |
| of the following: | 17 |
| (1) appoint a guardian in an emergency for a term not | 18 |
| exceeding 90 days for a respondent who is physically | 19 |
| present in this state; | 20 |
| (2) issue a protective order with respect to real or | 21 |
| tangible personal property located in this state; | 22 |
| (3) appoint a guardian or conservator for an | 23 |
| incapacitated or protected person for whom a provisional | 24 |
| order to transfer the proceeding from another state has | 25 |
| been issued under procedures similar to Section 301. |
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HB0759 Enrolled |
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| (b) If a petition for the appointment of a guardian in an | 2 |
| emergency is brought in this state and this state was not the | 3 |
| respondent's home state on the date the petition was filed, the | 4 |
| court shall dismiss the proceeding at the request of the court | 5 |
| of the home state, if any, whether dismissal is requested | 6 |
| before or after the emergency appointment.
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| Section 205. Exclusive and continuing jurisdiction. Except | 8 |
| as otherwise provided in Section 204, a court that has | 9 |
| appointed a guardian or issued a protective order consistent | 10 |
| with this Act has exclusive and continuing jurisdiction over | 11 |
| the proceeding until it is terminated by the court or the | 12 |
| appointment or order expires by its own terms. | 13 |
| Section 206. Appropriate forum. | 14 |
| (a) A court of this state having jurisdiction under Section | 15 |
| 203 to appoint a guardian or issue a protective order may | 16 |
| decline to exercise its jurisdiction if it determines at any | 17 |
| time that a court of another state is a more appropriate forum. | 18 |
| (b) If a court of this state declines to exercise its | 19 |
| jurisdiction under subsection (a), it shall either dismiss or | 20 |
| stay the proceeding. The court may impose any condition the | 21 |
| court considers just and proper, including the condition that a | 22 |
| petition for the appointment of a guardian or issuance of a | 23 |
| protective order be filed promptly in another state. | 24 |
| (c) In determining whether it is an appropriate forum, the |
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HB0759 Enrolled |
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| court shall consider all relevant factors, including: | 2 |
| (1) any expressed preference of the respondent; | 3 |
| (2) whether abuse, neglect, or exploitation of the | 4 |
| respondent has occurred or is likely to occur and which | 5 |
| state could best protect the respondent from the abuse, | 6 |
| neglect, or exploitation; | 7 |
| (3) the length of time the respondent was physically | 8 |
| present in or was a legal resident of this or another | 9 |
| state; | 10 |
| (4) the distance of the respondent from the court in | 11 |
| each state; | 12 |
| (5) the financial circumstances of the respondent's | 13 |
| estate; | 14 |
| (6) the nature and location of the evidence; | 15 |
| (7) the ability of the court in each state to decide | 16 |
| the issue expeditiously and the procedures necessary to | 17 |
| present evidence; | 18 |
| (8) the familiarity of the court of each state with the | 19 |
| facts and issues in the proceeding; and | 20 |
| (9) if an appointment were made, the court's ability to | 21 |
| monitor the conduct of the guardian or conservator.
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| Section 207. Jurisdiction declined by reason of conduct. | 23 |
| (a) If at any time a court of this state determines that it | 24 |
| acquired jurisdiction to appoint a guardian or issue a | 25 |
| protective order because of unjustifiable conduct, the court |
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| may: | 2 |
| (1) decline to exercise jurisdiction; | 3 |
| (2) exercise jurisdiction for the limited purpose of | 4 |
| fashioning an appropriate remedy to ensure the health, | 5 |
| safety, and welfare of the respondent or the protection of | 6 |
| the respondent's property or prevent a repetition of the | 7 |
| unjustifiable conduct, including staying the proceeding | 8 |
| until a petition for the appointment of a guardian or | 9 |
| issuance of a protective order is filed in a court of | 10 |
| another state having jurisdiction; or | 11 |
| (3) continue to exercise jurisdiction after | 12 |
| considering: | 13 |
| (A) the extent to which the respondent and all | 14 |
| persons required to be notified of the proceedings have | 15 |
| acquiesced in the exercise of the court's | 16 |
| jurisdiction; | 17 |
| (B) whether it is a more appropriate forum than the | 18 |
| court of any other state under the factors set forth in | 19 |
| Section 206(c); and | 20 |
| (C) whether the court of any other state would have | 21 |
| jurisdiction under factual circumstances in | 22 |
| substantial conformity with the jurisdictional | 23 |
| standards of Section 203. | 24 |
| (b) If a court of this state determines that it acquired | 25 |
| jurisdiction to appoint a guardian or issue a protective order | 26 |
| because a party seeking to invoke its jurisdiction engaged in |
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HB0759 Enrolled |
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| unjustifiable conduct, it may assess against that party | 2 |
| necessary and reasonable expenses, including attorney's fees, | 3 |
| investigative fees, court costs, communication expenses, | 4 |
| witness fees and expenses, and travel expenses. The court may | 5 |
| not assess fees, costs, or expenses of any kind against this | 6 |
| state or a governmental subdivision, agency, or | 7 |
| instrumentality of this state unless authorized by law other | 8 |
| than this Act.
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| Section 208. Notice of proceeding. If a petition for the | 10 |
| appointment of a guardian or issuance of a protective order is | 11 |
| brought in this state and this state was not the respondent's | 12 |
| home state on the date the petition was filed, in addition to | 13 |
| complying with the notice requirements of this state, notice of | 14 |
| the petition must be given to those persons who would be | 15 |
| entitled to notice of the petition if a proceeding were brought | 16 |
| in the respondent's home state. The notice must be given in the | 17 |
| same manner as notice is required to be given in this state. | 18 |
| Section 209. Proceedings in more than one state. Except for | 19 |
| a petition for the appointment of a guardian in an emergency or | 20 |
| issuance of a protective order limited to property located in | 21 |
| this state under Section 204(a)(1) or (a)(2), if a petition for | 22 |
| the appointment of a guardian or issuance of a protective order | 23 |
| is filed in this state and in another state and neither | 24 |
| petition has been dismissed or withdrawn, the following rules |
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HB0759 Enrolled |
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| apply: | 2 |
| (1) If the court in this state has jurisdiction under | 3 |
| Section 203, it may proceed with the case unless a court in | 4 |
| another state acquires jurisdiction under provisions | 5 |
| similar to Section 203 before the appointment or issuance | 6 |
| of the order. | 7 |
| (2) If the court in this state does not have | 8 |
| jurisdiction under Section 203, whether at the time the | 9 |
| petition is filed or at any time before the appointment or | 10 |
| issuance of the order, the court shall stay the proceeding | 11 |
| and communicate with the court in the other state. If the | 12 |
| court in the other state has jurisdiction, the court in | 13 |
| this state shall dismiss the petition unless the court in | 14 |
| the other state determines that the court in this state is | 15 |
| a more appropriate forum.
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| Article 3. Transfer of Guardianship or Conservatorship | 17 |
| Section 301. Transfer of guardianship or conservatorship | 18 |
| to another state. | 19 |
| (a) A guardian or conservator appointed in this state may | 20 |
| petition the court to transfer the guardianship or | 21 |
| conservatorship to another state. | 22 |
| (b) Notice of a petition under subsection (a) must be given | 23 |
| to the persons that would be entitled to notice of a petition | 24 |
| in this state for the appointment of a guardian or conservator. |
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| (c) On the court's own motion or on request of the guardian | 2 |
| or conservator, the incapacitated or protected person, or other | 3 |
| person required to be notified of the petition, the court shall | 4 |
| hold a hearing on a petition filed pursuant to subsection (a). | 5 |
| (d) The court shall issue an order provisionally granting a | 6 |
| petition to transfer a guardianship and shall direct the | 7 |
| guardian to petition for guardianship in the other state if the | 8 |
| court is satisfied that the guardianship will be accepted by | 9 |
| the court in the other state and the court finds that: | 10 |
| (1) the incapacitated person is physically present in | 11 |
| or is reasonably expected to move permanently to the other | 12 |
| state; | 13 |
| (2) an objection to the transfer has not been made or, | 14 |
| if an objection has been made, the objector has not | 15 |
| established that the transfer would be contrary to the | 16 |
| interests of the incapacitated person; and | 17 |
| (3) plans for care and services for the incapacitated | 18 |
| person in the other state are reasonable and sufficient. | 19 |
| (e) The court shall issue a provisional order granting a | 20 |
| petition to transfer a conservatorship and shall direct the | 21 |
| conservator to petition for conservatorship in the other state | 22 |
| if the court is satisfied that the conservatorship will be | 23 |
| accepted by the court of the other state and the court finds | 24 |
| that: | 25 |
| (1) the protected person is physically present in or is | 26 |
| reasonably expected to move permanently to the other state, |
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HB0759 Enrolled |
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| or the protected person has a significant connection to the | 2 |
| other state considering the factors in Section 201(b); | 3 |
| (2) an objection to the transfer has not been made or, | 4 |
| if an objection has been made, the objector has not | 5 |
| established that the transfer would be contrary to the | 6 |
| interests of the protected person; and | 7 |
| (3) adequate arrangements will be made for management | 8 |
| of the protected person's property. | 9 |
| (f) The court shall issue a final order confirming the | 10 |
| transfer and terminating the guardianship or conservatorship | 11 |
| upon its receipt of: | 12 |
| (1) a provisional order accepting the proceeding from | 13 |
| the court to which the proceeding is to be transferred | 14 |
| which is issued under provisions similar to Section 302; | 15 |
| and | 16 |
| (2) the documents required to terminate a guardianship | 17 |
| or conservatorship in this state.
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| Section 302. Accepting guardianship or conservatorship | 19 |
| transferred from another state. | 20 |
| (a) To confirm transfer of a guardianship or | 21 |
| conservatorship transferred to this state under provisions | 22 |
| similar to Section 301, the guardian or conservator must | 23 |
| petition the court in this state to accept the guardianship or | 24 |
| conservatorship. The petition must include a certified copy of | 25 |
| the other state's provisional order of transfer. |
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HB0759 Enrolled |
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| (b) Notice of a petition under subsection (a) must be given | 2 |
| to those persons that would be entitled to notice if the | 3 |
| petition were a petition for the appointment of a guardian or | 4 |
| issuance of a protective order in both the transferring state | 5 |
| and this state. The notice must be given in the same manner as | 6 |
| notice is required to be given in this state. | 7 |
| (c) On the court's own motion or on request of the guardian | 8 |
| or conservator, the incapacitated or protected person, or other | 9 |
| person required to be notified of the proceeding, the court | 10 |
| shall hold a hearing on a petition filed pursuant to subsection | 11 |
| (a). | 12 |
| (d) The court shall issue an order provisionally granting a | 13 |
| petition filed under subsection (a) unless: | 14 |
| (1) an objection is made and the objector establishes | 15 |
| that transfer of the proceeding would be contrary to the | 16 |
| interests of the incapacitated or protected person; or | 17 |
| (2) the guardian or conservator is ineligible for | 18 |
| appointment in this state. | 19 |
| (e) The court shall issue a final order accepting the | 20 |
| proceeding and appointing the guardian or conservator as | 21 |
| guardian or conservator in this state upon its receipt from the | 22 |
| court from which the proceeding is being transferred of a final | 23 |
| order issued under provisions similar to Section 301 | 24 |
| transferring the proceeding to this state. | 25 |
| (f) Not later than 90 days after issuance of a final order | 26 |
| accepting transfer of a guardianship or conservatorship, the |
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HB0759 Enrolled |
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| court shall determine whether the guardianship or | 2 |
| conservatorship needs to be modified to conform to the law of | 3 |
| this state. | 4 |
| (g) In granting a petition under this Section, the court | 5 |
| shall recognize a guardianship or conservatorship order from | 6 |
| the other state, including the determination of the | 7 |
| incapacitated or protected person's incapacity and the | 8 |
| appointment of the guardian or conservator. | 9 |
| (h) The denial by a court of this state of a petition to | 10 |
| accept a guardianship or conservatorship transferred from | 11 |
| another state does not affect the ability of the guardian or | 12 |
| conservator to seek appointment as guardian or conservator in | 13 |
| this state under the Probate Act of 1975 if the court has | 14 |
| jurisdiction to make an appointment other than by reason of the | 15 |
| provisional order of transfer.
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| Article 4. Registration and Recognition of Orders From Other | 17 |
| States | 18 |
| Section 401. Registration of guardianship orders. If a | 19 |
| guardian has been appointed in another state and a petition for | 20 |
| the appointment of a guardian is not pending in this state, the | 21 |
| guardian appointed in the other state, after giving notice to | 22 |
| the appointing court of an intent to register, may register the | 23 |
| guardianship order in this state by filing as a foreign | 24 |
| judgment in a court, in any appropriate county of this state, |
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HB0759 Enrolled |
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| certified copies of the order and letters of office. | 2 |
| Section 402. Registration of protective orders. If a | 3 |
| conservator has been appointed in another state and a petition | 4 |
| for a protective order is not pending in this state, the | 5 |
| conservator appointed in the other state, after giving notice | 6 |
| to the appointing court of an intent to register, may register | 7 |
| the protective order in this state by filing as a foreign | 8 |
| judgment in a court of this state, in any county in which | 9 |
| property belonging to the protected person is located, | 10 |
| certified copies of the order and letters of office and of any | 11 |
| bond. | 12 |
| Section 403. Effect of registration. | 13 |
| (a) Upon registration of a guardianship or protective order | 14 |
| from another state, the guardian or conservator may exercise in | 15 |
| this state all powers authorized in the order of appointment | 16 |
| except as prohibited under the laws of this state, including | 17 |
| maintaining actions and proceedings in this state and, if the | 18 |
| guardian or conservator is not a resident of this state, | 19 |
| subject to any conditions imposed upon nonresident parties. | 20 |
| (b) A court of this state may grant any relief available | 21 |
| under this Act and other law of this state to enforce a | 22 |
| registered order.
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| Article 5. Miscellaneous Provisions |
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HB0759 Enrolled |
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LRB096 04099 DRJ 14138 b |
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| Section 501. Uniformity of application and construction. | 2 |
| In applying and construing this uniform Act, consideration must | 3 |
| be given to the need to promote uniformity of the law with | 4 |
| respect to its subject matter among states that enact it. | 5 |
| Section 502. Relation to Electronic Signatures in Global | 6 |
| and National Commerce Act. This Act modifies, limits, and | 7 |
| supersedes the federal Electronic Signatures in Global and | 8 |
| National Commerce Act, 15 U.S.C. Section 7001, et seq., but | 9 |
| does not modify, limit, or supersede Section 101(c) of that | 10 |
| Act, 15 U.S.C. Section 7001(c), or authorize electronic | 11 |
| delivery of any of the notices described in Section 103(b) of | 12 |
| that Act, 15 U.S.C. Section 7003(b). | 13 |
| Section 503. Repeals. (Blank). | 14 |
| Section 504. Transitional provisions. | 15 |
| (a) This Act applies to guardianship and protective | 16 |
| proceedings begun on or after the effective date of this Act. | 17 |
| (b) Articles 1, 3, and 4 and Sections 501 and 502 apply to | 18 |
| proceedings begun before the effective date of this Act, | 19 |
| regardless of whether a guardianship or protective order has | 20 |
| been issued.
| 21 |
| Section 505. Effective date. (Blank).
|
|