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

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

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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-Amended.html

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Sen. Ira I. Silverstein

Filed: 3/25/2011

09700SB2015sam002 LRB097 10113 AJO 53377 a
AMENDMENT TO SENATE BILL 2015
AMENDMENT NO. ______. Amend Senate Bill 2015 on page 1,
line 5, by replacing "Section 11a-4" with "Sections 11a-4 and
11a-9"; and
on page 3, below line 7, by inserting the following:
"(755 ILCS 5/11a-9) (from Ch. 110 1/2, par. 11a-9)
Sec. 11a-9. Report.)
(a) The petition for adjudication of disability and for
appointment of a guardian should be accompanied by a report
which contains (1) a description of the nature and type of the
respondent's disability and an assessment of how the disability
impacts on the ability of the respondent to make decisions or
to function independently; (2) an analysis and results of
evaluations of the respondent's mental and physical condition
and, where appropriate, educational condition, adaptive
behavior and social skills, which have been performed within 3

09700SB2015sam002 - 2 - LRB097 10113 AJO 53377 a
months of the date of the filing of the petition; (3) an
opinion as to whether guardianship is needed, the type and
scope of the guardianship needed, and the reasons therefor; (4)
a recommendation as to the most suitable living arrangement
and, where appropriate, treatment or habilitation plan for the
respondent and the reasons therefor; (5) the signatures of all
persons who performed the evaluations upon which the report is
based, one of whom shall be a licensed physician unless the
evaluation and report are completed by a licensed clinical
psychologist or psychiatrist and the evaluation is limited to
the respondent's mental condition, and a statement of the
certification, license, or other credentials that qualify the
evaluators who prepared the report.
(b) If for any reason no report accompanies the petition,
the court shall order appropriate evaluations to be performed
by a qualified person or persons and a report prepared and
filed with the court at least 10 days prior to the hearing.
(c) Unless the court otherwise directs, any report prepared
pursuant to this Section shall not be made part of the public
record of the proceedings but shall be available to the court
or an appellate court in which the proceedings are subject to
review, to the respondent, the petitioner, the guardian, and
their attorneys, to the respondent's guardian ad litem, and to
such other persons as the court may direct.
(Source: P.A. 89-396, eff. 8-20-95.)".