Illinois General Assembly - Full Text of HB2505
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Full Text of HB2505  99th General Assembly




HB2505 EnrolledLRB099 10403 HEP 30630 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 limited powers and
23duties of a guardian of the person or of the estate which are



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1specifically enumerated by court order. The court order shall
2state the actual harm identified by the court that necessitates
3temporary guardianship 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:
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 disabled person to extend the temporary
24    guardianship so as to protect the alleged disabled person
25    from any potential abuse, neglect, self-neglect,
26    exploitation, or other harm and such extension lasts no



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1    more than 120 days from the date the temporary guardian was
2    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. 97-614, eff. 1-1-12.)