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90_HB0306sam001
LRB9000615WHgcam01
1 AMENDMENT TO HOUSE BILL 306
2 AMENDMENT NO. . Amend House Bill 306 by replacing
3 the title with the following:
4 "AN ACT concerning probate, amending a named Act."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Probate Act of 1975 is amended by
8 changing Sections 1-11, 9-1, 9-3, 11-3, 11-5, 11a-5, and 23-2
9 as follows:
10 (755 ILCS 5/1-11) (from Ch. 110 1/2, par. 1-11)
11 Sec. 1-11. Nonresident representative. If a
12 representative is or becomes a nonresident of this State, the
13 representative he shall file in the court in which the estate
14 is pending a designation of a resident agent to accept
15 service of process, notice or demand required or permitted by
16 law to be served upon the representative. If the
17 representative he fails to do so, the clerk of the court is
18 constituted as agent of the representative upon whom the
19 process, notice or demand may be served. If service is made
20 upon the clerk of the court, the clerk of the court he shall
21 mail a copy of the process, notice or demand to the
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1 representative at the representative's his last known post
2 office address and to the representative's his attorney of
3 record.
4 (Source: P.A. 85-692.)
5 (755 ILCS 5/9-1) (from Ch. 110 1/2, par. 9-1)
6 Sec. 9-1. Who may act as administrator.) A person who
7 has attained the age of 18 years, and is a resident of the
8 United States this State, is not of unsound mind, is not an
9 adjudged disabled person as defined in this Act and has not
10 been convicted of a felony, is qualified to act as
11 administrator.
12 (Source: P.A. 85-692.)
13 (755 ILCS 5/9-3) (from Ch. 110 1/2, par. 9-3)
14 Sec. 9-3. Persons entitled to preference in obtaining
15 letters.) The following persons are entitled to preference in
16 the following order in obtaining the issuance of letters of
17 administration and of administration with the will annexed:
18 (a) The surviving spouse or any person nominated by the
19 surviving spouse him.
20 (b) The legatees or any person nominated by them, with
21 preference to legatees who are children.
22 (c) The children or any person nominated by them.
23 (d) The grandchildren or any person nominated by them.
24 (e) The parents or any person nominated by them.
25 (f) The brothers and sisters or any person nominated by
26 them.
27 (g) The nearest kindred or any person nominated by them.
28 (h) The representative of the estate of a deceased ward.
29 (i) The Public Administrator.
30 (j) A creditor of the estate.
31 Only a person qualified to act as administrator under
32 this Act may nominate, except that the guardian of the
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1 estate, if any, otherwise the guardian of the person, of a
2 person who is not qualified to act as administrator solely
3 because of minority or legal disability non-residence in this
4 State may nominate on behalf of the minor or disabled person
5 in accordance with the order of preference set forth in this
6 Section if he is a resident of the United States. A person
7 who has been removed as representative under this Act loses
8 the his right to name a his successor.
9 When several persons are claiming and are equally
10 entitled to administer or to nominate an administrator, the
11 court may grant letters to one or more of them or to the
12 nominee of one or more of them.
13 (Source: P.A. 85-692.)
14 (755 ILCS 5/11-3) (from Ch. 110 1/2, par. 11-3)
15 (Text of Section before amendment by P.A. 89-507)
16 Sec. 11-3. Who may act as guardian.) (a) A person who
17 has attained the age of 18 years, and is a resident of the
18 United States, is not of unsound mind, is not an adjudged
19 disabled person as defined in this Act, and has not been
20 convicted of a felony, and who the court finds is capable of
21 providing an active and suitable program of guardianship for
22 the minor is qualified to act as guardian of the person and,
23 if he is a resident of this State, as guardian of the estate.
24 One person may be appointed guardian of the person and
25 another person appointed guardian of the estate.
26 (b) The Department of Mental Health and Developmental
27 Disabilities or the Department of Children and Family
28 Services may with the approval of the court designate one of
29 its employees to serve without fees as guardian of the estate
30 of a minor patient in a State mental hospital or a resident
31 in a State institution when the value of the personal estate
32 does not exceed $1,000.
33 (Source: P.A. 85-692.)
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1 (Text of Section after amendment by P.A. 89-507)
2 Sec. 11-3. Who may act as guardian.)
3 (a) A person who has attained the age of 18 years, and
4 is a resident of the United States, is not of unsound mind,
5 is not an adjudged disabled person as defined in this Act,
6 and has not been convicted of a felony, and who the court
7 finds is capable of providing an active and suitable program
8 of guardianship for the minor is qualified to act as guardian
9 of the person and, if he is a resident of this State, as
10 guardian of the estate. One person may be appointed guardian
11 of the person and another person appointed guardian of the
12 estate.
13 (b) The Department of Human Services or the Department
14 of Children and Family Services may with the approval of the
15 court designate one of its employees to serve without fees as
16 guardian of the estate of a minor patient in a State mental
17 hospital or a resident in a State institution when the value
18 of the personal estate does not exceed $1,000.
19 (Source: P.A. 89-507, eff. 7-1-97.)
20 (755 ILCS 5/11-5) (from Ch. 110 1/2, par. 11-5)
21 Sec. 11-5. Appointment of guardian.
22 (a) Upon the filing of a petition for the appointment of
23 a guardian or on its own motion, the court may appoint a
24 guardian of the person or estate, or both, of a minor as the
25 court finds to be in the best interest of the minor.
26 (a-1) A parent, adoptive parent or adjudicated parent,
27 whose parental rights have not been terminated, may designate
28 in any writing, including a will, a person qualified to act
29 under Section 11-3 to be appointed as guardian of the person
30 or estate, or both, of an unmarried minor or of a child
31 likely to be born. A parent, adoptive parent or adjudicated
32 parent, whose parental rights have not been terminated, or a
33 guardian or a standby guardian of an unmarried minor or of a
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1 child likely to be born may designate in any writing,
2 including a will, a person qualified to act under Section
3 11-3 to be appointed as successor guardian of the minor's
4 person or estate, or both. The designation must be witnessed
5 by 2 or more credible witnesses at least 18 years of age,
6 neither of whom is the person designated as the guardian.
7 The designation may be proved by any competent evidence. If
8 the designation is executed and attested in the same manner
9 as a will, it shall have prima facie validity. The
10 designation of a guardian or successor guardian does not
11 affect the rights of the other parent in the minor.
12 (b) The court lacks jurisdiction to proceed on a
13 petition for the appointment of a guardian of a minor if (i)
14 the minor has a living parent, adoptive parent or adjudicated
15 parent, whose parental rights have not been terminated, whose
16 whereabouts are known, and who is willing and able to make
17 and carry out day-to-day child care decisions concerning the
18 minor, unless the parent or parents consent to the
19 appointment or, after receiving notice of the hearing under
20 Section 11-10.1, fail to object to the appointment at the
21 hearing on the petition or (ii) there is a guardian for the
22 minor appointed by a court of competent jurisdiction. There
23 shall be a rebuttable presumption that a parent of a minor is
24 willing and able to make and carry out day-to-day child care
25 decisions concerning the minor, but the presumption may be
26 rebutted by a preponderance of the evidence.
27 (b-1) If the court finds the appointment of a guardian
28 of the minor to be in the best interest of the minor, and if
29 a standby guardian has previously been appointed for the
30 minor under Section 11-5.3, the court shall appoint the
31 standby guardian as the guardian of the person or estate, or
32 both, of the minor unless the court finds, upon good cause
33 shown, that the appointment would no longer be in the best
34 interest of the minor.
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1 (c) If the minor is 14 years of age or more, the minor
2 may nominate the guardian of the minor's person and estate,
3 subject to approval of the court. If the minor's nominee is
4 not approved by the court, or if the minor resides out of the
5 State, or if, after notice to the minor, the minor fails to
6 nominate a guardian of the minor's person or estate, the
7 court may appoint the guardian without nomination.
8 (d) The court shall not appoint as guardian of the
9 person of the minor any person whom the court has determined
10 had caused or substantially contributed to the minor becoming
11 a neglected or abused minor as defined in the Juvenile Court
12 Act of 1987 unless 2 years have elapsed since the last proven
13 incident of abuse or neglect and the court determines that
14 appointment of such person as guardian is in the best
15 interests of the minor.
16 (e) Previous statements made by the minor relating to
17 any allegations that the minor is an abused or neglected
18 child within the meaning of the Abused and Neglected Child
19 Reporting Act, or an abused or neglected minor within the
20 meaning of the Juvenile Court Act of 1987, shall be
21 admissible in evidence in a hearing concerning appointment of
22 a guardian of the person or estate of the minor. No such
23 statement, however, if uncorroborated and not subject to
24 cross-examination, shall be sufficient in itself to support a
25 finding of abuse or neglect.
26 (Source: P.A. 87-1081; 88-529.)
27 (755 ILCS 5/11a-5) (from Ch. 110 1/2, par. 11a-5)
28 Sec. 11a-5. Who may act as guardian.) (a) A person who
29 has attained the age of 18 years, is a resident of the United
30 States, is not of unsound mind, is not an adjudged disabled
31 person as defined in this Act, and has not been convicted of
32 a felony, and who the court finds is capable of providing an
33 active and suitable program of guardianship for the disabled
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1 person is qualified to act as guardian of the person and as,
2 if he is a resident of this State, guardian of the estate of
3 a disabled person.
4 (b) Any public agency, or not-for-profit corporation
5 found capable by the court of providing an active and
6 suitable program of guardianship for the disabled person,
7 taking into consideration the nature of such person's
8 disability and the nature of such organization's services,
9 may be appointed guardian of the person or of the estate, or
10 both of the disabled person, or both. The court shall not
11 appoint as guardian an agency which is directly providing
12 residential services to the ward. One person or agency may
13 be appointed guardian of the person and another person or
14 agency appointed guardian of the estate.
15 (c) Any corporation qualified to accept and execute
16 trusts in this State may be appointed guardian of the estate
17 of a disabled person.
18 (Source: P.A. 85-692.)
19 (755 ILCS 5/23-2) (from Ch. 110 1/2, par. 23-2)
20 Sec. 23-2. Removal.) (a) On petition of any interested
21 person or on the court's own motion, the court may remove a
22 representative for any of the following causes. If the
23 representative:
24 (1) is acting under letters secured by false pretenses;
25 (2) is adjudged a person subject to involuntary
26 admission under the Mental Health and Developmental
27 Disabilities Code or is adjudged a disabled person;
28 (3) is convicted of a felony;
29 (4) wastes or mismanages the estate;
30 (5) conducts himself or herself in such a manner as to
31 endanger any his co-representative or the surety on the
32 representative's his bond;
33 (6) fails to give sufficient bond or security, counter
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1 security or a new bond, after being ordered by the court to
2 do so;
3 (7) fails to file an inventory or accounting after being
4 ordered by the court to do so;
5 (8) conceals himself or herself so that process cannot
6 be served upon the representative him or notice cannot be
7 given to the representative him;
8 (9) becomes incapable of or unsuitable for the discharge
9 of the representative's his duties; or
10 (10) there is other good cause.
11 (b) If the representative executor becomes a nonresident
12 of the United States or the administrator, administrator to
13 collect, guardian of the estate or temporary guardian becomes
14 a nonresident of this State, the court may remove the
15 representative him as such representative.
16 (Source: P.A. 81-795.)
17 Section 95. No acceleration or delay. Where this Act
18 makes changes in a statute that is represented in this Act by
19 text that is not yet or no longer in effect (for example, a
20 Section represented by multiple versions), the use of that
21 text does not accelerate or delay the taking effect of (i)
22 the changes made by this Act or (ii) provisions derived from
23 any other Public Act.
24 Section 99. Effective date. This Act takes effect upon
25 becoming law.".