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Public Act 100-0483


 

Public Act 0483 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0483
 
HB2665 EnrolledLRB100 10372 HEP 20564 b

    AN ACT concerning civil law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Guardianship and Advocacy Act is amended by
adding Section 33.5 as follows:
 
    (20 ILCS 3955/33.5 new)
    Sec. 33.5. Guardianship training program. The State
Guardian shall provide a training program that outlines the
duties and responsibilities of guardians appointed under
Article XIa of the Probate Act of 1975. The training program
shall be offered to courts at no cost, and shall outline the
responsibilities of a guardian and the rights of a person with
a disability in a guardianship proceeding under Article XIa of
the Probate Act of 1975. In developing the training program
content, the State Guardian shall consult with the courts,
State and national guardianship organizations, public
guardians, advocacy organizations, and persons and family
members with direct experience with adult guardianship. In the
preparation and dissemination of training materials, the State
Guardian shall give due consideration to making the training
materials accessible to persons with disabilities.
 
    Section 10. The Probate Act of 1975 is amended by changing
Sections 11a-12, 11a-21, 13-1, and 13-1.2 as follows:
 
    (755 ILCS 5/11a-12)  (from Ch. 110 1/2, par. 11a-12)
    Sec. 11a-12. Order of appointment.)
    (a) If basis for the appointment of a guardian as specified
in Section 11a-3 is not found, the court shall dismiss the
petition.
    (b) If the respondent is adjudged to be a person with a
disability and to lack some but not all of the capacity as
specified in Section 11a-3, and if the court finds that
guardianship is necessary for the protection of the person with
a disability, his or her estate, or both, the court shall
appoint a limited guardian for the respondent's person or
estate or both. The court shall enter a written order stating
the factual basis for its findings and specifying the duties
and powers of the guardian and the legal disabilities to which
the respondent is subject.
    (c) If the respondent is adjudged to be a person with a
disability and to be totally without capacity as specified in
Section 11a-3, and if the court finds that limited guardianship
will not provide sufficient protection for the person with a
disability, his or her estate, or both, the court shall appoint
a plenary guardian for the respondent's person or estate or
both. The court shall enter a written order stating the factual
basis for its findings.
    (d) The selection of the guardian shall be in the
discretion of the court, which shall give due consideration to
the preference of the person with a disability as to a
guardian, as well as the qualifications of the proposed
guardian, in making its appointment. However, the paramount
concern in the selection of the guardian is the best interest
and well-being of the person with a disability.
    (e) The order of appointment of a guardian of the person in
any county with a population of less than 3 million shall
include the requirement that the guardian of the person
complete the training program as provided in Section 33.5 of
the Guardianship and Advocacy Act that outlines the
responsibilities of the guardian of the person and the rights
of the person under guardianship and file with the court a
certificate of completion one year from the date of issuance of
the letters of guardianship, except that: (1) the chief judge
of any circuit may order implementation of another training
program by a suitable provider containing substantially
similar content; (2) employees of the Office of the State
Guardian, public guardians, attorneys currently authorized to
practice law, corporate fiduciaries, and persons certified by
the Center for Guardianship Certification are exempt from this
training requirement; and (3) the court may, for good cause
shown, exempt from this requirement an individual not otherwise
listed in item (2). For the purposes of this subsection (e),
good cause may be proven by affidavit. If the court finds good
cause to exempt an individual from the training requirement,
the order of appointment shall so state.
(Source: P.A. 98-1094, eff. 1-1-15; 99-143, eff. 7-27-15.)
 
    (755 ILCS 5/11a-21)  (from Ch. 110 1/2, par. 11a-21)
    Sec. 11a-21. Hearing. (a) The court shall conduct a hearing
on a petition filed under Section 11a-20. The ward is entitled
to be represented by counsel, to demand a jury of 6 persons, to
present evidence and to confront and cross-examine all
witnesses. The court (1) may appoint counsel for the ward, if
the court finds that the interests of the ward will be best
served by the appointment and (2) shall appoint counsel upon
the ward's request or if the respondent takes a position
adverse to that of the guardian ad litem. The court may allow
the guardian ad litem and counsel for the ward reasonable
compensation.
    (b) If the ward is unable to pay the fee of the guardian ad
litem or appointed counsel, or both, the court shall enter an
order upon the State to pay, from funds appropriated by the
General Assembly for that purpose, all such fees or such
amounts as the ward is unable to pay.
    (c) Upon conclusion of the hearing, the court shall enter
an order setting forth the factual basis for its findings and
may: (1) dismiss the petition; (2) terminate the adjudication
of disability; (3) revoke the letters of guardianship of the
estate or person, or both; (4) modify the duties of the
guardian; and (5) require the guardian to complete a training
program as provided in subsection (e) of Section 11a-12 of this
Act; and (6) make any other order which the court deems
appropriate and in the interests of the ward.
(Source: P.A. 81-1509.)
 
    (755 ILCS 5/13-1)  (from Ch. 110 1/2, par. 13-1)
    Sec. 13-1. Appointment and term of public administrator and
public guardian.) Except as provided in Section 13-1.1, before
the first Monday of December, 1977 and every 4 years
thereafter, and as often as vacancies occur, the Governor, by
and with the advice and consent of the Senate, shall appoint in
each county a suitable person to serve as public administrator
and a suitable person to serve as public guardian of the
county. The Governor may designate, without the advice and
consent of the Senate, the Office of State Guardian as an
interim public guardian to fill a vacancy in one or more
counties having a population of 500,000 or less if the
designation:
        (1) is specifically designated as an interim
    appointment for a term of the lesser of one year or until
    the Governor appoints, with the advice and consent of the
    Senate, a county public guardian to fill the vacancy;
        (2) requires the Office of State Guardian to affirm its
    availability to act in the county; and
        (3) expires in a pending case of a person with a
    disability in the county at such a time as the court
    appoints a qualified successor guardian of the estate and
    person for the person with a disability.
    When appointed as an interim public guardian, the State
Guardian will perform the powers and duties assigned under the
Guardianship and Advocacy Act.
    The Governor may appoint the same person to serve as public
guardian and public administrator in one or more counties. In
considering the number of counties of service for any
prospective public guardian or public administrator the
Governor may consider the population of the county and the
ability of the prospective public guardian or public
administrator to travel to multiple counties and manage estates
in multiple counties. Each person so appointed holds his office
for 4 years from the first Monday of December, 1977 and every 4
years thereafter or until his successor is appointed and
qualified.
(Source: P.A. 96-752, eff. 1-1-10.)
 
    (755 ILCS 5/13-1.2)
    Sec. 13-1.2. Certification requirement. Each person
appointed as a public guardian by the Governor shall be
certified as a National Certified Guardian by the Center for
Guardianship Certification within 6 months after his or her
appointment. The Guardianship and Advocacy Commission shall
provide public guardians with information about certification
requirements and procedures for testing and certification
offered by professional training opportunities and facilitate
testing and certification opportunities at locations in
Springfield and Chicago with the Center for Guardianship
Certification. The cost of certification shall be considered an
expense connected with the operation of the public guardian's
office within the meaning of subsection (b) of Section 13-3.1
of this Article.
(Source: P.A. 96-752, eff. 1-1-10.)
 
    Section 99. Effective date. This Act takes effect one year
after becoming law.

Effective Date: 9/8/2018