(755 ILCS 5/11a-4)
(from Ch. 110 1/2, par. 11a-4)
(a) Prior to the appointment of a guardian
under this Article, pending an appeal in relation to the
completion of a citation proceeding brought pursuant to Section 23-3 of this
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
person with a disability 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 person with a disability and his or her estate
of paramount concern, and the interests of the petitioner, any care provider,
or any other party shall not outweigh the interests of the alleged person with a disability.
The temporary guardian shall have the limited 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:
(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 person with a disability to extend the temporary guardianship so as to protect the alleged person with a disability 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 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. 99-70, eff. 1-1-16; 99-143, eff. 7-27-15; 99-642, eff. 7-28-16.)