Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process.
Recent laws may not yet be included in the ILCS database, but they are found on this site as Public
soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the
Because the statute database is maintained primarily for legislative drafting purposes,
statutory changes are sometimes included in the statute database before they take effect.
If the source note at the end of a Section of the statutes includes a Public Act that has
not yet taken effect, the version of the law that is currently in effect may have already
been removed from the database and you should refer to that Public Act to see the changes
made to the current law.
(755 ILCS 5/11a-5)
(from Ch. 110 1/2, par. 11a-5)
Who may act as guardian.
(a) A person is qualified to act as guardian of the person and as guardian of the
estate of a person with a disability if the court finds that the proposed guardian is capable of providing an active and suitable program of guardianship for the person with a disability and that the proposed guardian:
(1) has attained the age of 18 years;
(2) is a resident of the United States;
(3) is not of unsound mind;
(4) is not an adjudged person with a disability as
(5) has not been convicted of a felony, unless the
court finds appointment of the person convicted of a felony to be in the best interests of the person with a disability, and as part of the best interest determination, the court has considered the nature of the offense, the date of offense, and the evidence of the proposed guardian's rehabilitation. No person shall be appointed who has been convicted of a felony involving harm or threat to a minor or an elderly person or a person with a disability, including a felony sexual offense.
(b) Any public agency, or not-for-profit corporation found capable by
the court of providing an active and suitable program of guardianship for
the person with a disability, taking into consideration the nature of such person's
disability and the nature of such organization's services, may be appointed
guardian of the person or of the estate, or both, of the person with a disability.
The court shall not appoint as guardian an agency or employee of an agency that is directly
providing residential services to the ward. One person or agency may be
appointed guardian of the person and another person or agency appointed
guardian of the estate.
(c) Any corporation qualified to accept and execute trusts in this State
may be appointed guardian of the estate of a person with a disability.
(Source: P.A. 99-143, eff. 7-27-15; 100-756, eff. 1-1-19