Bill Text: IL HB4884 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Probate Act of 1975. Provides that if guardianship is necessary and the petition for guardianship is filed by a person, corporation, nonprofit organization, or other entity with no legally recognized relationship to the alleged person with a disability, the court shall appoint the county public guardian as temporary and permanent guardian.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-19 - House Floor Amendment No. 2 Rule 19(c) / Re-referred to Rules Committee [HB4884 Detail]

Download: Illinois-2023-HB4884-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4884 Introduced , by Rep. Terra Costa Howard SYNOPSIS AS INTRODUCED:
755 ILCS 5/11a-3 from Ch. 110 1/2, par. 11a-3
755 ILCS 5/11a-4
Amends the Probate Act of 1975. Provides that if guardianship is necessary and the petition for guardianship is filed by a person, corporation, nonprofit organization, or other entity with no legally recognized relationship to the alleged person with a disability, the court shall appoint the county public guardian as temporary and permanent guardian.
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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
Sections 11a-3 and 11a-4 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

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estate, (4) the . The court may appoint co-guardians in
accordance with Section 11a-15, or (5) if a petition for
guardianship is filed by a person, corporation, nonprofit
organization, or other entity with no legally recognized
relationship to the alleged person with a disability, the
court shall appoint the county public guardian as the guardian
of the person or estate or both if the requirements of this
Section are met.
(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. Guardianship shall be ordered only to the extent
necessitated by the individual's actual mental, physical and
adaptive limitations. The order shall conform with Sections
11a-12 and 11a-14.
(Source: P.A. 102-72, eff. 1-1-22.)
(755 ILCS 5/11a-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

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for the immediate welfare and protection of the alleged person
with a disability or his or her estate and subject to such
conditions as the court may prescribe. In cases in which a
petition for guardianship of a person alleged person with a
disability is filed by a person, corporation, nonprofit, or
other entity with no legally recognized relationship to that
person, the court shall appoint the county public guardian as
temporary guardian of that person under this Section. A
petition for the appointment of a temporary guardian for an
alleged person with a disability shall be filed at the time of
or subsequent to the filing of a petition for adjudication of
disability and appointment of a guardian. The petition for the
appointment of a temporary guardian shall state the facts upon
which it is based and the name, the post office address, and,
in the case of an individual, the age and occupation of the
proposed temporary guardian. In determining the necessity for
temporary guardianship, the immediate welfare and protection
of the alleged person with a disability 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 person with a
disability. The temporary guardian shall have the limited
powers and duties of a guardian of the person or of the estate
which are 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.

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(a-5) Notice of the time and place of the hearing on a
petition for the appointment of a temporary guardian shall be
given, not less than 3 days before the hearing, by mail or in
person to the alleged person with a disability, to the
proposed temporary guardian, and to those persons whose names
and addresses are listed in the petition for adjudication of
disability and appointment of a guardian under Section 11a-8.
The court, upon a finding of good cause, may waive the notice
requirement under this subsection.
(a-10) Notice of the time and place of the hearing on a
petition to revoke the appointment of a temporary guardian
shall be given, not less than 3 days before the hearing, by
mail or in person to the temporary guardian, to the petitioner
on whose petition the temporary guardian was appointed, and to
those persons whose names and addresses are listed in the
petition for adjudication of disability and appointment of a
guardian under Section 11a-8. The court, upon a finding of
good cause, may waive the notice requirements under this
subsection.
(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

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