State of Illinois
2017 and 2018


Introduced , by Rep. Thomas M. Bennett


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

    Amends the Guardians For Adults With Disabilities Article of the Probate Act of 1975. Provides that the court shall not appoint as guardian an employee of an agency that is directly providing residential services to the ward.

LRB100 17473 HEP 32642 b





HB4686LRB100 17473 HEP 32642 b

1    AN ACT concerning civil law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Probate Act of 1975 is amended by changing
5Section 11a-5 as follows:
6    (755 ILCS 5/11a-5)  (from Ch. 110 1/2, par. 11a-5)
7    Sec. 11a-5. Who may act as guardian.
8    (a) A person is qualified to act as guardian of the person
9and as guardian of the estate of a person with a disability if
10the court finds that the proposed guardian is capable of
11providing an active and suitable program of guardianship for
12the person with a disability and that the proposed guardian:
13        (1) has attained the age of 18 years;
14        (2) is a resident of the United States;
15        (3) is not of unsound mind;
16        (4) is not an adjudged person with a disability as
17    defined in this Act; and
18        (5) has not been convicted of a felony, unless the
19    court finds appointment of the person convicted of a felony
20    to be in the best interests of the person with a
21    disability, and as part of the best interest determination,
22    the court has considered the nature of the offense, the
23    date of offense, and the evidence of the proposed



HB4686- 2 -LRB100 17473 HEP 32642 b

1    guardian's rehabilitation. No person shall be appointed
2    who has been convicted of a felony involving harm or threat
3    to a minor or an elderly person or a person with a
4    disability, including a felony sexual offense.
5    (b) Any public agency, or not-for-profit corporation found
6capable by the court of providing an active and suitable
7program of guardianship for the person with a disability,
8taking into consideration the nature of such person's
9disability and the nature of such organization's services, may
10be appointed guardian of the person or of the estate, or both,
11of the person with a disability. The court shall not appoint as
12guardian an agency or employee of an agency that which is
13directly providing residential services to the ward. One person
14or agency may be appointed guardian of the person and another
15person or agency appointed guardian of the estate.
16    (c) Any corporation qualified to accept and execute trusts
17in this State may be appointed guardian of the estate of a
18person with a disability.
19(Source: P.A. 98-120, eff. 1-1-14; 99-143, eff. 7-27-15.)