90th General Assembly
Summary of HB2367
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House Sponsors:
CLAYTON-BIGGERT-LYONS,EILEEN-CROSS-LANG, FEIGENHOLTZ AND CURRIE.

Senate Sponsors:
PETERSON

Short description: 
STANDBY-SHORT TERM GUARDIANS                                               

Synopsis of Bill as introduced:
        Amends the Probate Act of 1975.  Provides for the designation  by      
   the  current guardian of a disabled adult of a standby guardian to act      
   on an interim basis as guardian upon the death of the current guardian      
   and in other circumstances, for a period of 60 days, allowing time for      
   a petition to be filed and another guardian to be appointed. Provides       
   for the establishment of a short-term guardian  of  the  person  of  a      
   disabled  adult,  to  be designated by the current guardian, to act as      
   guardian for up to 60 days for health or other  reasons.   Establishes      
   procedures and conditions for the appointment of these guardians.           
        HOUSE AMENDMENT NO. 1.                                                 
        Provides that the court may not appoint as a standby guardian and      
   a guardian may not designate as a short term guardian  the  Office  of      
   State  Guardian  or the public guardian without the written consent of      
   either guardian or an authorized representative  of  either  guardian.      
   Provides  that  the  court  shall  apply  the  same  standards used in      
   determining the suitability  of  a  plenary  or  limited  guardian  in      
   determining  the suitability of a standby guardian.  Provides that the      
   petition for a standby guardian shall include the name and address  of      
   any  person  acting  as  an  agent  of  the  disabled person under the      
   Illinois Power of Attorney Act.                                             
          JUDICIAL NOTE, AMENDED                                               
          No increase in the need for the number of judges in the State.       
          FISCAL NOTE, H-AM 1 (Guardianship & Advocacy Commission)             
          This legislation would have no impact on agency expenditures.        
        HOUSE AMENDMENT NO. 2.                                                 
          Adds reference to:                                                   
          755 ILCS 5/11-5.3                                                    
          755 ILCS 5/11-5.4                                                    
          755 ILCS 5/11-8.1                                                    
          755 ILCS 5/11-13.1                                                   
        Further amends the Probate Act of 1975.  Authorizes a guardian of      
   a minor to designate a standby guardian of  the  minor  or  appoint  a      
   short-term  guardian  of  the minor if there is no surviving parent of      
   the minor.  Adds an immediate effective date.                               
        SENATE AMENDMENT NO. 1.                                                
          Adds reference to:                                                   
          705 ILCS 105/27.1               from Ch. 25, par. 27.1               
          705 ILCS 105/27.1a              from Ch. 25, par. 27.1a              
          705 ILCS 105/27.2               from Ch. 25, par. 27.2               
          705 ILCS 105/27.2a              from Ch. 25, par. 27.2a              
          755 ILCS 5/11-5                 from Ch. 110 1/2, par. 11-5          
          755 ILCS 5/11-8                 from Ch. 110 1/2, par. 11-8          
          755 ILCS 5/11-14.1              from Ch. 110 1/2, par. 11-14.1       
          755 ILCS 5/21-2                 from Ch. 110 1/2, par. 21-2          
          755 ILCS 5/21-2.04              from Ch. 110 1/2, par. 21-2.04       
          755 ILCS 5/21-2.05              from Ch. 110 1/2, par. 21-2.05       
          755 ILCS 5/21-2.07              from Ch. 110 1/2, par. 21-2.07       
          755 ILCS 5/21-2.08              from Ch. 110 1/2, par. 21-2.08       
          755 ILCS 5/21-2.11              from Ch. 110 1/2, par. 21-2.11       
          755 ILCS 5/21-2.12              from Ch. 110 1/2, par. 21-2.12       
          755 ILCS 5/21-2.13              from Ch. 110 1/2, par. 21-2.13       
          755 ILCS 5/21-2.09 rep.                                              
          755 ILCS 5/21-2.13a rep.                                             
          765 ILCS 305/3                  from Ch. 30, par. 193                
          765 ILCS 305/4                  from Ch. 30, par. 194                
          765 ILCS 315/1                  from Ch. 30, par. 153                
          765 ILCS 1025/2                 from Ch. 141, par. 102               
        Deletes everything.  Reinserts language similar to the  engrossed      
   bill,  amending  the  Probate  Act  of  1975,  which  provides for the      
   designation by the current guardian of a disabled adult of  a  standby      
   guardian  to act on an interim basis as guardian upon the death of the      
   current guardian and in other circumstances, for a period of 60  days,      
   allowing  time  for  a petition to be filed and another guardian to be      
   appointed; provides for the establishment of a short-term guardian  of      
   the  person  of  a  disabled  adult,  to  be designated by the current      
   guardian, to act as guardian for up to 60 days  for  health  or  other      
   reasons; and establishes procedures and conditions for the appointment      
   of  these  guardians.  Further amends the Probate Act of 1975. Changes      
   investments standards for insured  accounts,  municipal  bonds,  notes      
   secured   by   real   estate,   corporate  obligations  and  refunding      
   obligations, life insurance policies, stock, common trust  funds,  and      
   open-end  investment  companies.   Makes  other  changes.   Amends the      
   Statute Concerning Perpetuities to change the definition of "qualified      
   perpetual trust". Amends the Trust Accumulation  Act.   In  provisions      
   listing  situations  to which this Act does not apply changes the last      
   item  from  a  disjunctive  to  a  conjunctive.  Amends  the   Uniform      
   Disposition of Unclaimed Property Act.  Provides that certain deposits      
   of  a  minor's  money  shall  not be presumed abandoned earlier than 5      
   years after the minor attains legal age. Effective September 1, 1998.       
        GOVERNOR'S AMENDATORY VETO MESSAGE                                     
        Recommends that the Uniform Disposition of Unclaimed Property Act      
   bE further amended to add a provision that an account into which money      
   of a minor is deposited pursuant to provisions of the Probate Act of r      
   1975 regarding deposit or investment of money of a ward shall indicate      
   the birth date of the minor.                                                
 
Last action on Bill: PUBLIC ACT.............................. 90-0796

   Last action date: 98-12-15

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   2     SENATE -   1


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