Bill Text: IL SB2015 | 2011-2012 | 97th General Assembly | Chaptered

---

Bill Title: Amends the Probate Act of 1975. Adds to the circumstances in which the court is allowed to appoint a temporary guardian: a guardian's death, incapacity, or resignation. Provides that the court shall state the actual harm that necessitates the temporary guardianship or any extension of the guardianship (instead of necessitates the temporary guardianship). Provides that no extension shall be granted except in a case where there has been an adjudication of disability, or if the court finds it is in the best interest of the alleged disabled person so as to protect the person from abuse or neglect. Deletes a provision stating that, except for an appeal of an adjudication of disability, no extension shall be granted.

Sponsorship: Slight Partisan Bill (Democrat 2-1)

Status: (Passed) 2011-08-26 - Public Act . . . . . . . . . 97-0614 [SB2015 Detail]

Download: Illinois-2011-SB2015-Chaptered.html

---

Public Act 097-0614
SB2015 Enrolled LRB097 10113 AJO 50295 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-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 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.
(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: Except pending the disposition on appeal of an
adjudication of disability, no extension shall be granted.
(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
more than 120 days from the date the temporary guardian was
originally appointed.
The 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.)