Bill Text: IL HB2505 | 2015-2016 | 99th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Probate Act of 1975. Provides that a temporary guardian shall have the limited powers and duties (instead of "all of the powers and duties") of a guardian of the person or of the estate which are specifically enumerated by court order.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Passed) 2015-07-20 - Public Act . . . . . . . . . 99-0070 [HB2505 Detail]

Download: Illinois-2015-HB2505-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB2505 Introduced , by Rep. David Harris SYNOPSIS AS INTRODUCED:
755 ILCS 5/11a-4 from Ch. 110 1/2, par. 11a-4
Amends the Probate Act of 1975. Provides that a temporary guardian shall have the limited powers and duties (instead of "all of the powers and duties") of a guardian of the person or of the estate which are specifically enumerated by court order.
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A BILL FOR
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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

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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

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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.)