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| Public Act 094-0579 |
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AN ACT concerning estates.
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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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Section 5. The Probate Act of 1975 is amended by changing | ||||
Sections 11-3 and 11a-5 as follows:
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(755 ILCS 5/11-3) (from Ch. 110 1/2, par. 11-3)
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Sec. 11-3. Who may act as guardian.
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(a) A person who has attained
the age of 18 years, is a | ||||
resident of the United States, is not of
unsound mind, is not | ||||
an adjudged disabled
person as defined in this Act, has
not | ||||
been convicted of a felony, and who the court finds is capable | ||||
of
providing an active and suitable program of guardianship for | ||||
the minor is
qualified to act
as guardian of the person and as
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guardian of the estate if the court finds that the proposed | ||||
guardian is capable of providing an active and suitable program | ||||
of guardianship for the minor and that the proposed guardian: | ||||
(1) has attained the age of 18 years; | ||||
(2) is a resident of the United States; | ||||
(3) is not of unsound mind; | ||||
(4) is not an adjudged disabled person as defined in | ||||
this Act; and | ||||
(5) has not been convicted of a felony, unless the | ||||
court finds appointment of the person convicted of a felony | ||||
to be in the minor's best interests, and as part of the | ||||
best interest determination, the court has considered the | ||||
nature of the offense, the date of offense, and the | ||||
evidence of the proposed guardian's rehabilitation. No | ||||
person shall be appointed who has been convicted of a | ||||
felony involving harm or threat to a child, including a | ||||
felony sexual offense. | ||||
One person may be appointed guardian of the
person and another | ||||
person appointed guardian of the estate.
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(b) The Department of Human Services
or the Department of | ||
Children and Family Services may with the approval
of the court | ||
designate one of its employees to serve without fees as
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guardian of the estate of a minor patient in a State mental | ||
hospital or
a resident in a State institution when the value of | ||
the personal estate
does not exceed $1,000.
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(Source: P.A. 89-507, eff. 7-1-97; 90-430, eff. 8-16-97; | ||
90-472, eff.
8-17-97.)
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(755 ILCS 5/11a-5) (from Ch. 110 1/2, par. 11a-5)
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Sec. 11a-5. Who may act as guardian.
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(a) A person who has attained the
age of 18 years, is a | ||
resident of the United States, is not of unsound
mind, is not | ||
an adjudged disabled person as defined in this Act, has
not | ||
been convicted of a felony, and who the court finds is capable | ||
of
providing an active and suitable program of guardianship for | ||
the disabled
person is qualified to act as guardian of the | ||
person and as guardian of the
estate of a disabled person if | ||
the court finds that the proposed guardian is capable of | ||
providing an active and suitable program of guardianship for | ||
the disabled person and that the proposed guardian: | ||
(1) has attained the age of 18 years; | ||
(2) is a resident of the United States; | ||
(3) is not of unsound mind; | ||
(4) is not an adjudged disabled person as defined in | ||
this Act; and | ||
(5) has not been convicted of a felony, unless the | ||
court finds appointment of the person convicted of a felony | ||
to be in the disabled person's best interests, and as part | ||
of the best interest determination, the court has | ||
considered the nature of the offense, the date of offense, | ||
and the evidence of the proposed guardian's | ||
rehabilitation. No person shall be appointed who has been | ||
convicted of a felony involving harm or threat to an | ||
elderly or disabled person, including a felony sexual | ||
offense.
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(b) Any public agency, or not-for-profit corporation found | ||
capable by
the court of providing an active and suitable | ||
program of guardianship for
the disabled person, taking into | ||
consideration the nature of such person's
disability and the | ||
nature of such organization's services, may be appointed
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guardian of the person or of the estate, or both, of the | ||
disabled person.
The court shall not appoint as guardian an | ||
agency which is directly
providing residential services to the | ||
ward. One person or agency may be
appointed guardian of the | ||
person and another person or agency appointed
guardian of the | ||
estate.
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(c) Any corporation qualified to accept and execute trusts | ||
in this State
may be appointed guardian of the estate of a | ||
disabled person.
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(Source: P.A. 90-430, eff. 8-16-97; 90-472, eff. 8-17-97.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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