96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB6618

 

Introduced , by Rep. Michael G. Connelly

 

SYNOPSIS AS INTRODUCED:
 
755 ILCS 5/23-2   from Ch. 110 1/2, par. 23-2

    Amends the Probate Act of 1975. Provides that any person (rather than any interested person) may file a petition for removal of a representative for specified causes.


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A BILL FOR

 

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1     AN ACT concerning civil law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Probate Act of 1975 is amended by changing
5 Section 23-2 as follows:
 
6     (755 ILCS 5/23-2)  (from Ch. 110 1/2, par. 23-2)
7     Sec. 23-2. Removal.
8     (a) On petition of any interested person or on the court's
9 own motion, the court may remove a representative if:
10         (1) the representative is acting under letters secured
11     by false pretenses;
12         (2) the representative is adjudged a person subject to
13     involuntary admission under the Mental Health and
14     Developmental Disabilities Code or is adjudged a disabled
15     person;
16         (3) the representative is convicted of a felony;
17         (4) the representative wastes or mismanages the
18     estate;
19         (5) the representative conducts himself or herself in
20     such a manner as to endanger any co-representative or the
21     surety on the representative's bond;
22         (6) the representative fails to give sufficient bond or
23     security, counter security or a new bond, after being

 

 

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1     ordered by the court to do so;
2         (7) the representative fails to file an inventory or
3     accounting after being ordered by the court to do so;
4         (8) the representative conceals himself or herself so
5     that process cannot be served upon the representative or
6     notice cannot be given to the representative;
7         (9) the representative becomes incapable of or
8     unsuitable for the discharge of the representative's
9     duties; or
10         (10) there is other good cause.
11     (b) If the representative becomes a nonresident of the
12 United States, the court may remove the representative as such
13 representative.
14 (Source: P.A. 90-430, eff. 8-16-97; 90-472, eff. 8-17-97;
15 91-357, eff. 7-29-99.)