093_SB0041enr

SB41 Enrolled                        LRB093 00001 DRJ 02039 b

 1        AN ACT in relation to estates.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The  Probate  Act  of  1975  is  amended  by
 5    changing Section 11a-3 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
 8    guardian.
 9        (a)  Upon the filing of a petition by a reputable  person
10    or  by  the  alleged  disabled  person  himself or on its own
11    motion, the court may adjudge  a  person  to  be  a  disabled
12    person,  but  only  if  it has been demonstrated by clear and
13    convincing evidence that the person is a disabled  person  as
14    defined  in Section 11a-2.  If the court adjudges a person to
15    be a disabled  person,  the  court  and  may  appoint  (1)  a
16    guardian  of his person, if it has been demonstrated by clear
17    and convincing evidence that because  of  his  disability  he
18    lacks   sufficient  understanding  or  capacity  to  make  or
19    communicate responsible decisions concerning the care of  his
20    person,  or  (2)  a  guardian  of  his estate, if it has been
21    demonstrated by clear and convincing evidence that because of
22    his disability he is unable to manage his estate or financial
23    affairs, or (3) a guardian of his person and of his estate.
24        (b)  Guardianship shall be utilized only as is  necessary
25    to  promote the well-being of the disabled person, to protect
26    him from neglect, exploitation, or abuse,  and  to  encourage
27    development  of  his  maximum self-reliance and independence.
28    Guardianship shall be ordered only to the extent necessitated
29    by the individual's  actual  mental,  physical  and  adaptive
30    limitations.
31    (Source: P.A. 91-357, eff. 7-29-99.)