Public Act 100-0756

HB4686 Enrolled LRB100 17473 HEP 32642 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-5 as follows:

(755 ILCS 5/11a-5) (from Ch. 110 1/2, par. 11a-5)

Sec. 11a-5. Who may act as guardian.

(a) A person is qualified to act as guardian of the person

and as guardian of the estate of a person with a disability if

the court finds that the proposed guardian is capable of

providing an active and suitable program of guardianship for

the person with a disability and that the proposed guardian:

(1) has attained the age of 18 years;

(2) is a resident of the United States;

(3) is not of unsound mind;

(4) is not an adjudged person with a disability as

defined in this Act; and

(5) has not been convicted of a felony, unless the

court finds appointment of the person convicted of a felony

to be in the best interests of the person with a

disability, and as part of the best interest determination,

the court has considered the nature of the offense, the

date of offense, and the evidence of the proposed

guardian's rehabilitation. No person shall be appointed

who has been convicted of a felony involving harm or threat

to a minor or an elderly person or a person with a

disability, including a felony sexual offense.

(b) Any public agency, or not-for-profit corporation found

capable by the court of providing an active and suitable

program of guardianship for the person with a disability,

taking into consideration the nature of such person's

disability and the nature of such organization's services, may

be appointed guardian of the person or of the estate, or both,

of the person with a disability. The court shall not appoint as

guardian an agency or employee of an agency that which is

directly providing residential services to the ward. One person

or agency may be appointed guardian of the person and another

person or agency appointed guardian of the estate.

(c) Any corporation qualified to accept and execute trusts

in this State may be appointed guardian of the estate of a

person with a disability.

(Source: P.A. 98-120, eff. 1-1-14; 99-143, eff. 7-27-15.)