Bill Text: IL HB5456 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Probate Act of 1975. Provides that a temporary guardianship shall expire within 60 days after the appointment or whenever a guardian is regularly appointed, whichever occurs first, unless the court extends the length of the temporary guardianship for good cause shown, which the court order shall specify (instead of whichever occurs first).

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2010-02-05 - Referred to Rules Committee [HB5456 Detail]

Download: Illinois-2009-HB5456-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB5456 Introduced 2/5/2010, by Rep. Daniel V. Beiser 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 guardianship shall expire within 60 days after the appointment or whenever a guardian is regularly appointed, whichever occurs first, unless the court extends the length of the temporary guardianship for good cause shown, which the court order shall specify (instead of whichever occurs first).
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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. 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, 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 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 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

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temporary guardianship. The temporary guardianship shall
expire within 60 days after the appointment or whenever a
guardian is regularly appointed, whichever occurs first,
unless the court extends the length of the temporary
guardianship for good cause shown, which the court order shall
specify. Except pending the disposition on appeal of an
adjudication of disability, no extension shall be granted.
However, 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. 89-396, eff. 8-20-95; 90-250, eff. 7-29-97.)