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Public Act 100-0483 | ||||
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AN ACT concerning civil law.
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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 Guardianship and Advocacy Act is amended by | ||||
adding Section 33.5 as follows: | ||||
(20 ILCS 3955/33.5 new) | ||||
Sec. 33.5. Guardianship training program. The State | ||||
Guardian shall provide a training program that outlines the | ||||
duties and responsibilities of guardians appointed under | ||||
Article XIa of the Probate Act of 1975. The training program | ||||
shall be offered to courts at no
cost, and shall outline the | ||||
responsibilities of a guardian and the rights of a person with | ||||
a disability in a guardianship proceeding
under Article XIa of | ||||
the Probate Act of 1975. In developing the training program | ||||
content, the State Guardian shall
consult with the courts, | ||||
State and national guardianship organizations, public | ||||
guardians, advocacy organizations, and persons and family | ||||
members with direct experience with adult guardianship. In the | ||||
preparation and dissemination of training materials, the State | ||||
Guardian shall give due consideration to making the training | ||||
materials accessible to persons with disabilities. | ||||
Section 10. The Probate Act of 1975 is amended by changing |
Sections 11a-12, 11a-21, 13-1, and 13-1.2 as follows:
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(755 ILCS 5/11a-12) (from Ch. 110 1/2, par. 11a-12)
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Sec. 11a-12. Order of appointment.) | ||
(a) If basis for the
appointment of a guardian as specified | ||
in Section 11a-3 is not found,
the court shall dismiss the | ||
petition.
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(b) If the respondent is adjudged to be a person with a | ||
disability and to lack some but not all of the capacity as | ||
specified in Section 11a-3, and if the court finds that
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guardianship is necessary for the protection of the person with | ||
a disability, his or her estate, or both, the court shall | ||
appoint a
limited guardian for the respondent's person or | ||
estate or both. The
court shall enter a written order stating
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the factual basis for its findings and specifying the duties | ||
and powers of the guardian and the legal disabilities to which | ||
the respondent is subject.
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(c) If the respondent is adjudged to be a person with a | ||
disability and to be totally without capacity as specified in | ||
Section 11a-3, and if the court finds
that limited guardianship | ||
will not provide sufficient protection for the person with a | ||
disability, his
or her estate, or both, the court shall
appoint | ||
a plenary guardian for the respondent's person or estate or | ||
both.
The court shall enter a written order stating the factual | ||
basis
for its findings.
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(d) The selection of the guardian shall be in the |
discretion
of the court, which shall give due consideration to | ||
the preference of the
person with a disability as to a | ||
guardian, as well as the qualifications of the
proposed | ||
guardian, in making its appointment. However, the paramount | ||
concern in the selection of the guardian is the best interest | ||
and well-being of the person with a disability.
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(e) The order of appointment of a guardian of the person in | ||
any county with a population of less than 3 million shall | ||
include the requirement that the guardian of the person | ||
complete the training program as provided in Section 33.5 of | ||
the Guardianship and Advocacy Act that outlines the | ||
responsibilities of the guardian of the person and the rights | ||
of the person under guardianship and file with the court a | ||
certificate of completion one year from the date of issuance of | ||
the letters of guardianship, except that: (1) the chief judge | ||
of any circuit may order implementation of another training | ||
program by a suitable provider containing substantially | ||
similar content; (2) employees of the Office of the State | ||
Guardian, public guardians, attorneys currently authorized to | ||
practice law, corporate fiduciaries, and persons certified by | ||
the Center for Guardianship Certification are exempt from this | ||
training requirement; and (3) the court may, for good cause | ||
shown, exempt from this requirement an individual not otherwise | ||
listed in item (2). For the purposes of this subsection (e), | ||
good cause may be proven by affidavit. If the court finds good | ||
cause to exempt an individual from the training requirement, |
the order of appointment shall so state. | ||
(Source: P.A. 98-1094, eff. 1-1-15; 99-143, eff. 7-27-15.)
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(755 ILCS 5/11a-21) (from Ch. 110 1/2, par. 11a-21)
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Sec. 11a-21. Hearing. (a) The court shall conduct a hearing | ||
on a petition
filed under Section 11a-20. The ward is entitled | ||
to be represented by counsel,
to demand a jury of 6 persons, to | ||
present evidence and to confront and cross-examine
all | ||
witnesses. The court (1) may appoint counsel for the ward, if | ||
the court
finds that the interests of the ward will be best | ||
served by the appointment
and (2) shall appoint counsel upon | ||
the ward's request or if the respondent
takes a position | ||
adverse to that of the guardian ad litem. The court may
allow | ||
the guardian ad litem and counsel for the ward reasonable | ||
compensation.
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(b) If the ward is unable to pay the fee of the guardian ad | ||
litem or appointed
counsel, or both, the court shall enter an | ||
order upon the State to pay,
from funds appropriated by the | ||
General Assembly for that purpose, all such
fees or such | ||
amounts as the ward is unable to pay.
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(c) Upon conclusion of the hearing, the court shall enter | ||
an order setting
forth the factual basis for its findings and | ||
may: (1) dismiss the petition;
(2) terminate the adjudication | ||
of disability; (3) revoke the letters of
guardianship of the | ||
estate or person, or both; (4) modify the duties of
the | ||
guardian; and (5) require the guardian to complete a training |
program as provided in subsection (e) of Section 11a-12 of this | ||
Act; and (6) make any other order which the court deems | ||
appropriate
and in the interests of the ward.
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(Source: P.A. 81-1509.)
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(755 ILCS 5/13-1) (from Ch. 110 1/2, par. 13-1)
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Sec. 13-1. Appointment and term of public administrator and | ||
public guardian.)
Except as provided in Section 13-1.1, before | ||
the first Monday of December,
1977 and every 4 years | ||
thereafter, and as often as vacancies occur, the
Governor, by | ||
and with the advice and consent of the Senate, shall
appoint in | ||
each county a suitable person to serve as public
administrator | ||
and a suitable person to serve as public guardian of the | ||
county.
The Governor may designate, without the advice and | ||
consent of the Senate, the Office of State Guardian as an | ||
interim public guardian to fill a vacancy in one or more | ||
counties having a population of 500,000 or less if the | ||
designation: | ||
(1) is specifically designated as an interim | ||
appointment for a term of the lesser of one year or until | ||
the Governor appoints, with the advice and consent of the | ||
Senate, a county public guardian to fill the vacancy; | ||
(2) requires the Office of State Guardian to affirm its | ||
availability to act in the county; and | ||
(3) expires in a pending case of a person with a | ||
disability in the county at such a time as the court |
appoints a qualified successor guardian of the estate and | ||
person for the person with a disability. | ||
When appointed as an interim public guardian, the State | ||
Guardian will perform the powers and duties assigned under the | ||
Guardianship and Advocacy Act. | ||
The Governor may appoint the same person to serve as public | ||
guardian and public administrator in one or more counties. In | ||
considering the number of counties of service for any | ||
prospective public guardian or public administrator the | ||
Governor may consider the population of the county and the | ||
ability of the prospective public guardian or public | ||
administrator to travel to multiple counties and manage estates | ||
in multiple counties. Each person so appointed holds his office | ||
for
4 years from the first Monday of December, 1977 and every 4 | ||
years
thereafter or until his successor is appointed and | ||
qualified.
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(Source: P.A. 96-752, eff. 1-1-10.)
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(755 ILCS 5/13-1.2) | ||
Sec. 13-1.2. Certification requirement. Each person | ||
appointed as a public guardian by the Governor shall be | ||
certified as a National Certified Guardian by the Center for | ||
Guardianship Certification within 6 months after his or her | ||
appointment. The Guardianship and Advocacy Commission shall | ||
provide public guardians with information about certification | ||
requirements and procedures for testing and certification |
offered by professional training opportunities and facilitate | ||
testing and certification opportunities at locations in | ||
Springfield and Chicago with the Center for Guardianship | ||
Certification. The cost of certification shall be considered an | ||
expense connected with the operation of the public guardian's | ||
office within the meaning of subsection (b) of Section 13-3.1 | ||
of this Article.
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(Source: P.A. 96-752, eff. 1-1-10.)
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Section 99. Effective date. This Act takes effect one year | ||
after becoming law.
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