Bill Text: IL HB0370 | 2021-2022 | 102nd General Assembly | Engrossed


Bill Title: Amends the Probate Act of 1975. Provides that no petition for the appointment of a guardian of a minor shall be filed in which the primary purpose of the filing is to reduce the financial resources available to the minor in order to cause the minor to qualify for public or private financial assistance from an educational institution. Provides that the court may deny such a petition if it finds that the primary purpose of the filing is to enable the minor to declare financial independence so that the minor may obtain public or private financial assistance from an educational institution or a State or federal student financial aid program.

Spectrum: Moderate Partisan Bill (Democrat 8-2)

Status: (Engrossed) 2021-05-29 - Rule 3-9(a) / Re-referred to Assignments [HB0370 Detail]

Download: Illinois-2021-HB0370-Engrossed.html



HB0370 EngrossedLRB102 02739 LNS 12742 b
1 AN ACT concerning civil law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Probate Act of 1975 is amended by changing
5Section 11-5 as follows:
6 (755 ILCS 5/11-5) (from Ch. 110 1/2, par. 11-5)
7 Sec. 11-5. Appointment of guardian.
8 (a) Upon the filing of a petition for the appointment of a
9guardian or on its own motion, the court may appoint a guardian
10of the estate or of both the person and estate, of a minor, or
11may appoint a guardian of the person only of a minor or minors,
12as the court finds to be in the best interest of the minor or
13minors.
14 (a-1) A parent, adoptive parent or adjudicated parent,
15whose parental rights have not been terminated, may designate
16in any writing, including a will, a person qualified to act
17under Section 11-3 to be appointed as guardian of the person or
18estate, or both, of an unmarried minor or of a child likely to
19be born. A parent, adoptive parent or adjudicated parent,
20whose parental rights have not been terminated, or a guardian
21or a standby guardian of an unmarried minor or of a child
22likely to be born may designate in any writing, including a
23will, a person qualified to act under Section 11-3 to be

HB0370 Engrossed- 2 -LRB102 02739 LNS 12742 b
1appointed as successor guardian of the minor's person or
2estate, or both. The designation must be witnessed by 2 or more
3credible witnesses at least 18 years of age, neither of whom is
4the person designated as the guardian. The designation may be
5proved by any competent evidence. If the designation is
6executed and attested in the same manner as a will, it shall
7have prima facie validity. The designation of a guardian or
8successor guardian does not affect the rights of the other
9parent in the minor.
10 (b) The court lacks jurisdiction to proceed on a petition
11for the appointment of a guardian of a minor if it finds that
12(i) the minor has a living parent, adoptive parent or
13adjudicated parent, whose parental rights have not been
14terminated, whose whereabouts are known, and who is willing
15and able to make and carry out day-to-day child care decisions
16concerning the minor, unless: (1) the parent or parents
17voluntarily relinquished physical custody of the minor; (2)
18after receiving notice of the hearing under Section 11-10.1,
19the parent or parents fail to object to the appointment at the
20hearing on the petition; (3) the parent or parents consent to
21the appointment as evidenced by a written document that has
22been notarized and dated, or by a personal appearance and
23consent in open court; or (4) the parent or parents, due to an
24administrative separation, are unable to give consent to the
25appointment in person or by a notarized, written document as
26evidenced by a sworn affidavit submitted by the petitioner

HB0370 Engrossed- 3 -LRB102 02739 LNS 12742 b
1describing the parent's or parents' inability to receive
2notice or give consent; or (ii) there is a guardian for the
3minor appointed by a court of competent jurisdiction. There
4shall be a rebuttable presumption that a parent of a minor is
5willing and able to make and carry out day-to-day child care
6decisions concerning the minor, but the presumption may be
7rebutted by a preponderance of the evidence. If a short-term
8guardian has been appointed for the minor prior to the filing
9of the petition and the petitioner for guardianship is not the
10short-term guardian, there shall be a rebuttable presumption
11that it is in the best interest of the minor to remain in the
12care of the short-term guardian. The petitioner shall have the
13burden of proving by a preponderance of the evidence that it is
14not in the child's best interest to remain with the short-term
15guardian.
16 (b-1) If the court finds the appointment of a guardian of
17the minor to be in the best interest of the minor, and if a
18standby guardian has previously been appointed for the minor
19under Section 11-5.3, the court shall appoint the standby
20guardian as the guardian of the person or estate, or both, of
21the minor unless the court finds, upon good cause shown, that
22the appointment would no longer be in the best interest of the
23minor.
24 (b-2) No petition for the appointment of a guardian of a
25minor shall be filed in which the primary purpose of the filing
26is to reduce the financial resources available to the minor in

HB0370 Engrossed- 4 -LRB102 02739 LNS 12742 b
1order to cause the minor to qualify for public or private
2financial assistance from an educational institution. The
3court may deny the petition if it finds by a preponderance of
4the evidence that the primary purpose of the filing is to
5enable the minor to declare financial independence so that the
6minor may obtain public or private financial assistance from
7an educational institution or a State or federal student
8financial aid program.
9 (c) If the minor is 14 years of age or more, the minor may
10nominate the guardian of the minor's person and estate,
11subject to approval of the court. If the minor's nominee is not
12approved by the court or if, after notice to the minor, the
13minor fails to nominate a guardian of the minor's person or
14estate, the court may appoint the guardian without nomination.
15 (d) The court shall not appoint as guardian of the person
16of the minor any person whom the court has determined had
17caused or substantially contributed to the minor becoming a
18neglected or abused minor as defined in the Juvenile Court Act
19of 1987, unless 2 years have elapsed since the last proven
20incident of abuse or neglect and the court determines that
21appointment of such person as guardian is in the best
22interests of the minor.
23 (e) Previous statements made by the minor relating to any
24allegations that the minor is an abused or neglected child
25within the meaning of the Abused and Neglected Child Reporting
26Act, or an abused or neglected minor within the meaning of the

HB0370 Engrossed- 5 -LRB102 02739 LNS 12742 b
1Juvenile Court Act of 1987, shall be admissible in evidence in
2a hearing concerning appointment of a guardian of the person
3or estate of the minor. No such statement, however, if
4uncorroborated and not subject to cross-examination, shall be
5sufficient in itself to support a finding of abuse or neglect.
6(Source: P.A. 101-120, eff. 7-23-19.)
feedback