Illinois General Assembly - Full Text of Public Act 098-0120
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Public Act 098-0120


 

Public Act 0120 98TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 098-0120
 
SB1287 EnrolledLRB098 08943 HEP 39075 b

    AN ACT concerning civil law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Probate Act of 1975 is amended by changing
Section 11a-5 as follows:
 
    (755 ILCS 5/11a-5)  (from Ch. 110 1/2, par. 11a-5)
    Sec. 11a-5. Who may act as guardian.
    (a) A 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 a minor
    or an elderly or disabled person, including a felony sexual
    offense.
    (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
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.
    (c) Any corporation qualified to accept and execute trusts
in this State may be appointed guardian of the estate of a
disabled person.
(Source: P.A. 94-579, eff. 8-12-05.)

Effective Date: 1/1/2014