Illinois General Assembly - Full Text of Public Act 099-0070
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Public Act 099-0070





Public Act 099-0070
HB2505 EnrolledLRB099 10403 HEP 30630 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-4 as follows:
    (755 ILCS 5/11a-4)  (from Ch. 110 1/2, par. 11a-4)
    Sec. 11a-4. Temporary guardian.
    (a) Prior to the appointment of a guardian under this
Article, pending an appeal in relation to the appointment, or
pending the completion of a citation proceeding brought
pursuant to Section 23-3 of this Act, or upon a guardian's
death, incapacity, or resignation, the court may appoint a
temporary guardian upon a showing of the necessity therefor for
the immediate welfare and protection of the alleged disabled
person or his or her estate on such notice and subject to such
conditions as the court may prescribe. In determining the
necessity for temporary guardianship, the immediate welfare
and protection of the alleged disabled person and his or her
estate shall be of paramount concern, and the interests of the
petitioner, any care provider, or any other party shall not
outweigh the interests of the alleged disabled person. The
temporary guardian shall have all of the limited powers and
duties of a guardian of the person or of the estate which are
specifically enumerated by court order. The court order shall
state the actual harm identified by the court that necessitates
temporary guardianship or any extension thereof.
    (b) The temporary guardianship shall expire within 60 days
after the appointment or whenever a guardian is regularly
appointed, whichever occurs first. No extension shall be
granted except:
        (1) In a case where there has been an adjudication of
    disability, an extension shall be granted:
            (i) pending the disposition on appeal of an
        adjudication of disability;
            (ii) pending the completion of a citation
        proceeding brought pursuant to Section 23-3;
            (iii) pending the appointment of a successor
        guardian in a case where the former guardian has
        resigned, has become incapacitated, or is deceased; or
            (iv) where the guardian's powers have been
        suspended pursuant to a court order.
        (2) In a case where there has not been an adjudication
    of disability, an extension shall be granted pending the
    disposition of a petition brought pursuant to Section 11a-8
    so long as the court finds it is in the best interest of
    the alleged disabled person to extend the temporary
    guardianship so as to protect the alleged disabled person
    from any potential abuse, neglect, self-neglect,
    exploitation, or other harm and such extension lasts no
    more than 120 days from the date the temporary guardian was
    originally appointed.
    The ward shall have the right any time after the
appointment of a temporary guardian is made to petition the
court to revoke the appointment of the temporary guardian.
(Source: P.A. 97-614, eff. 1-1-12.)

Effective Date: 1/1/2016