Bill Text: IL HB2348 | 2019-2020 | 101st General Assembly | Introduced

---

Bill Title: Amends the Probate Act of 1975. Provides that the court may issue an order that specifically grants the guardian the power to enforce the rights of the person with a disability to receive visitors, telephone calls, and personal mail. Provides that at a hearing, the court shall inquire, among other things, the recent history of the respondent's family care and visitation. Provides that the court shall, during the selection of the guardian, give due consideration to, among other things, any history of the proposed guardian having unreasonably isolated the respondent from any close family member who was a longstanding, frequent visitor or caregiver of the respondent. Provides that at the time of its initial hearing, the court may enter an order providing immediate visitation with the respondent by an adult child, spouse, grandchild, or sibling of the respondent who alleges that his or her visitation with the respondent is being unreasonably denied.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2019-03-29 - Rule 19(a) / Re-referred to Rules Committee [HB2348 Detail]

Download: Illinois-2019-HB2348-Introduced.html

---

101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB2348 Introduced , by Rep. Mike Murphy SYNOPSIS AS INTRODUCED:
755 ILCS 5/11a-3 from Ch. 110 1/2, par. 11a-3
755 ILCS 5/11a-11 from Ch. 110 1/2, par. 11a-11
755 ILCS 5/11a-12 from Ch. 110 1/2, par. 11a-12
Amends the Probate Act of 1975. Provides that the court may issue an order that specifically grants the guardian the power to enforce the rights of the person with a disability to receive visitors, telephone calls, and personal mail. Provides that at a hearing, the court shall inquire, among other things, the recent history of the respondent's family care and visitation. Provides that the court shall, during the selection of the guardian, give due consideration to, among other things, any history of the proposed guardian having unreasonably isolated the respondent from any close family member who was a longstanding, frequent visitor or caregiver of the respondent. Provides that at the time of its initial hearing, the court may enter an order providing immediate visitation with the respondent by an adult child, spouse, grandchild, or sibling of the respondent who alleges that his or her visitation with the respondent is being unreasonably denied.
LRB101 07509 LNS 52553 b
A BILL FOR
HB2348 LRB101 07509 LNS 52553 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
Sections 11a-3, 11a-11, and 11a-12 as follows:
(755 ILCS 5/11a-3) (from Ch. 110 1/2, par. 11a-3)
Sec. 11a-3. Adjudication of disability; Power to appoint
guardian.
(a) Upon the filing of a petition by a reputable person or
by the alleged person with a disability himself or on its own
motion, the court may adjudge a person to be a person with a
disability, but only if it has been demonstrated by clear and
convincing evidence that the person is a person with a
disability as defined in Section 11a-2. If the court adjudges a
person to be a person with a disability, the court may appoint
(1) a guardian of his person, if it has been demonstrated by
clear and convincing evidence that because of his disability he
lacks sufficient understanding or capacity to make or
communicate responsible decisions concerning the care of his
person, or (2) a guardian of his estate, if it has been
demonstrated by clear and convincing evidence that because of
his disability he is unable to manage his estate or financial
affairs, or (3) a guardian of his person and of his estate.

HB2348 - 2 - LRB101 07509 LNS 52553 b
(b) Guardianship shall be utilized only as is necessary to
promote the well-being of the person with a disability, to
protect him from neglect, exploitation, or abuse, and to
encourage development of his maximum self-reliance and
independence including, but not limited to, the right to
receive visitors, telephone calls, and personal mail, unless
specifically limited by court order. The court may issue an
order that specifically grants the guardian the power to
enforce the rights of the person with a disability to receive
visitors, telephone calls, and personal mail, or that directs
the guardian to allow those visitors, telephone calls, and
personal mail. Guardianship shall be ordered only to the extent
necessitated by the individual's actual mental, physical and
adaptive limitations.
(Source: P.A. 99-143, eff. 7-27-15.)
(755 ILCS 5/11a-11) (from Ch. 110 1/2, par. 11a-11)
Sec. 11a-11. Hearing.
(a) The respondent 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 hearing
may be closed to the public on request of the respondent, the
guardian ad litem, or appointed or other counsel for the
respondent. Unless excused by the court upon a showing that the
respondent refuses to be present or will suffer harm if
required to attend, the respondent shall be present at the

HB2348 - 3 - LRB101 07509 LNS 52553 b
hearing.
(b) (Blank).
(c) (Blank).
(d) In an uncontested proceeding for the appointment of a
guardian the person who prepared the report required by Section
11a-9 will only be required to testify at trial upon order of
court for cause shown.
(e) At the hearing the court shall inquire regarding: (1)
the nature and extent of respondent's general intellectual and
physical functioning; (2) the extent of the impairment of his
adaptive behavior if he is a person with a developmental
disability, or the nature and severity of his mental illness if
he is a person with mental illness; (3) the understanding and
capacity of the respondent to make and communicate responsible
decisions concerning his person; (4) the capacity of the
respondent to manage his estate and his financial affairs; (5)
the appropriateness of proposed and alternate living
arrangements; (6) the impact of the disability upon the
respondent's functioning in the basic activities of daily
living and the important decisions faced by the respondent or
normally faced by adult members of the respondent's community;
and (7) the recent history of the respondent's family care and
visitation, including any isolation of the respondent from a
close family member who had been a long-time, frequent visitor
or caregiver of the respondent; and (8) any other area of
inquiry deemed appropriate by the court.

HB2348 - 4 - LRB101 07509 LNS 52553 b
(f) An authenticated transcript of the evidence taken in a
judicial proceeding concerning the respondent under the Mental
Health and Developmental Disabilities Code is admissible in
evidence at the hearing.
(g) If the petition is for the appointment of a guardian
for a beneficiary of the Veterans Administration who has a
disability, a certificate of the Administrator of Veterans
Affairs or his representative stating that the beneficiary has
been determined to be incompetent by the Veterans
Administration on examination in accordance with the laws and
regulations governing the Veterans Administration in effect
upon the date of the issuance of the certificate and that the
appointment of a guardian is a condition precedent to the
payment of any money due the beneficiary by the Veterans
Administration, is admissible in evidence at the hearing.
(Source: P.A. 98-1094, eff. 1-1-15; 99-143, eff. 7-27-15.)
(755 ILCS 5/11a-12) (from Ch. 110 1/2, par. 11a-12)
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.
(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
guardianship is necessary for the protection of the person with

HB2348 - 5 - LRB101 07509 LNS 52553 b
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
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.
(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.
(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 and any history of the proposed guardian having
unreasonably isolated the respondent from any family member who
was a longstanding, frequent visitor or caregiver of the
respondent, in making its appointment. At the time of its
initial hearing, the court may enter an order providing
immediate visitation with the respondent by an adult child,
spouse, grandchild, or sibling of the respondent who, in a
certified objection to the proposed petition for guardianship,

HB2348 - 6 - LRB101 07509 LNS 52553 b
alleges that his or her visitation with the respondent is being
unreasonably denied. However, the paramount concern in the
selection of the guardian is the best interest and well-being
of the person with a disability.
(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. 99-143, eff. 7-27-15; 100-483, eff. 9-8-18.)