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Full Text of HB5573  98th General Assembly

HB5573 98TH GENERAL ASSEMBLY

  
  

 


 
98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5573

 

Introduced , by Rep. David Harris

 

SYNOPSIS AS INTRODUCED:
 
755 ILCS 5/11a-3  from Ch. 110 1/2, par. 11a-3
755 ILCS 5/11a-8.2 new

    Amends the Probate Act of 1975. Provides that guardianship of a disabled adult may not be used in a retaliatory manner or as a convenience for a health care provider or family member. Provides that no petition for guardianship shall seek relief that is in conflict with any properly and previously executed will, trust, power of attorney, durable power of attorney, health care directive, advance directive, or other directive unless undue influence is proven in the creation of the document, by clear and convincing evidence, at a hearing conducted under the rules of civil procedure of this State.


LRB098 19342 HEP 54495 b

 

 

A BILL FOR

 

HB5573LRB098 19342 HEP 54495 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-3 and by adding Section 11a-8.2 as follows:
 
6    (755 ILCS 5/11a-3)  (from Ch. 110 1/2, par. 11a-3)
7    Sec. 11a-3. Adjudication of disability; Power to appoint
8guardian.
9    (a) Upon the filing of a petition by a reputable person or
10by the alleged disabled person himself or on its own motion,
11the court may adjudge a person to be a disabled person, but
12only if it has been demonstrated by clear and convincing
13evidence that the person is a disabled person as defined in
14Section 11a-2. If the court adjudges a person to be a disabled
15person, the court may appoint (1) a guardian of his person, if
16it has been demonstrated by clear and convincing evidence that
17because of his disability he lacks sufficient understanding or
18capacity to make or communicate responsible decisions
19concerning the care of his person, or (2) a guardian of his
20estate, if it has been demonstrated by clear and convincing
21evidence that because of his disability he is unable to manage
22his estate or financial affairs, or (3) a guardian of his
23person and of his estate.

 

 

HB5573- 2 -LRB098 19342 HEP 54495 b

1    (b) Guardianship shall be utilized only as is necessary to
2promote the well-being of the disabled person, to protect him
3from neglect, exploitation, or abuse, and to encourage
4development of his maximum self-reliance and independence.
5Guardianship shall be ordered only to the extent necessitated
6by the individual's actual mental, physical and adaptive
7limitations. Guardianship may not be used in a retaliatory
8manner or as a convenience for a health care provider or family
9member.
10(Source: P.A. 93-435, eff. 1-1-04.)
 
11    (755 ILCS 5/11a-8.2 new)
12    Sec. 11a-8.2. Petitions; previously executed documents. No
13petition under this Article shall seek relief that is in
14conflict with any properly and previously executed will, trust,
15power of attorney, durable power of attorney, health care
16directive, advance directive, or other directive unless undue
17influence is proven in the creation of the document, by clear
18and convincing evidence, at a hearing conducted under the rules
19of civil procedure of this State.