Illinois General Assembly - Full Text of HB2665
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Full Text of HB2665  100th General Assembly




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1    AN ACT concerning civil law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Guardianship and Advocacy Act is amended by
5adding Section 33.5 as follows:
6    (20 ILCS 3955/33.5 new)
7    Sec. 33.5. Guardianship training program. The State
8Guardian shall provide a training program that outlines the
9duties and responsibilities of guardians appointed under
10Article XIa of the Probate Act of 1975. The training program
11shall be offered to courts at no cost, and shall outline the
12responsibilities of a guardian and the rights of a person with
13a disability in a guardianship proceeding under Article XIa of
14the Probate Act of 1975. In developing the training program
15content, the State Guardian shall consult with the courts,
16State and national guardianship organizations, public
17guardians, advocacy organizations, and persons and family
18members with direct experience with adult guardianship. In the
19preparation and dissemination of training materials, the State
20Guardian shall give due consideration to making the training
21materials accessible to persons with disabilities.
22    Section 10. The Probate Act of 1975 is amended by changing



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1Sections 11a-12, 11a-21, 13-1, and 13-1.2 as follows:
2    (755 ILCS 5/11a-12)  (from Ch. 110 1/2, par. 11a-12)
3    Sec. 11a-12. Order of appointment.)
4    (a) If basis for the appointment of a guardian as specified
5in Section 11a-3 is not found, the court shall dismiss the
7    (b) If the respondent is adjudged to be a person with a
8disability and to lack some but not all of the capacity as
9specified in Section 11a-3, and if the court finds that
10guardianship is necessary for the protection of the person with
11a disability, his or her estate, or both, the court shall
12appoint a limited guardian for the respondent's person or
13estate or both. The court shall enter a written order stating
14the factual basis for its findings and specifying the duties
15and powers of the guardian and the legal disabilities to which
16the respondent is subject.
17    (c) If the respondent is adjudged to be a person with a
18disability and to be totally without capacity as specified in
19Section 11a-3, and if the court finds that limited guardianship
20will not provide sufficient protection for the person with a
21disability, his or her estate, or both, the court shall appoint
22a plenary guardian for the respondent's person or estate or
23both. The court shall enter a written order stating the factual
24basis for its findings.
25    (d) The selection of the guardian shall be in the



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1discretion of the court, which shall give due consideration to
2the preference of the person with a disability as to a
3guardian, as well as the qualifications of the proposed
4guardian, in making its appointment. However, the paramount
5concern in the selection of the guardian is the best interest
6and well-being of the person with a disability.
7    (e) The order of appointment of a guardian of the person in
8any county with a population of less than 3 million shall
9include the requirement that the guardian of the person
10complete the training program as provided in Section 33.5 of
11the Guardianship and Advocacy Act that outlines the
12responsibilities of the guardian of the person and the rights
13of the person under guardianship and file with the court a
14certificate of completion one year from the date of issuance of
15the letters of guardianship, except that: (1) the chief judge
16of any circuit may order implementation of another training
17program by a suitable provider containing substantially
18similar content; (2) employees of the Office of the State
19Guardian, public guardians, attorneys currently authorized to
20practice law, corporate fiduciaries, and persons certified by
21the Center for Guardianship Certification are exempt from this
22training requirement; and (3) the court may, for good cause
23shown, exempt from this requirement an individual not otherwise
24listed in item (2). For the purposes of this subsection (e),
25good cause may be proven by affidavit. If the court finds good
26cause to exempt an individual from the training requirement,



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1the order of appointment shall so state.
2(Source: P.A. 98-1094, eff. 1-1-15; 99-143, eff. 7-27-15.)
3    (755 ILCS 5/11a-21)  (from Ch. 110 1/2, par. 11a-21)
4    Sec. 11a-21. Hearing. (a) The court shall conduct a hearing
5on a petition filed under Section 11a-20. The ward is entitled
6to be represented by counsel, to demand a jury of 6 persons, to
7present evidence and to confront and cross-examine all
8witnesses. The court (1) may appoint counsel for the ward, if
9the court finds that the interests of the ward will be best
10served by the appointment and (2) shall appoint counsel upon
11the ward's request or if the respondent takes a position
12adverse to that of the guardian ad litem. The court may allow
13the guardian ad litem and counsel for the ward reasonable
15    (b) If the ward is unable to pay the fee of the guardian ad
16litem or appointed counsel, or both, the court shall enter an
17order upon the State to pay, from funds appropriated by the
18General Assembly for that purpose, all such fees or such
19amounts as the ward is unable to pay.
20    (c) Upon conclusion of the hearing, the court shall enter
21an order setting forth the factual basis for its findings and
22may: (1) dismiss the petition; (2) terminate the adjudication
23of disability; (3) revoke the letters of guardianship of the
24estate or person, or both; (4) modify the duties of the
25guardian; and (5) require the guardian to complete a training



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1program as provided in subsection (e) of Section 11a-12 of this
2Act; and (6) make any other order which the court deems
3appropriate and in the interests of the ward.
4(Source: P.A. 81-1509.)
5    (755 ILCS 5/13-1)  (from Ch. 110 1/2, par. 13-1)
6    Sec. 13-1. Appointment and term of public administrator and
7public guardian.) Except as provided in Section 13-1.1, before
8the first Monday of December, 1977 and every 4 years
9thereafter, and as often as vacancies occur, the Governor, by
10and with the advice and consent of the Senate, shall appoint in
11each county a suitable person to serve as public administrator
12and a suitable person to serve as public guardian of the
13county. The Governor may designate, without the advice and
14consent of the Senate, the Office of State Guardian as an
15interim public guardian to fill a vacancy in one or more
16counties having a population of 500,000 or less if the
18        (1) is specifically designated as an interim
19    appointment for a term of the lesser of one year or until
20    the Governor appoints, with the advice and consent of the
21    Senate, a county public guardian to fill the vacancy;
22        (2) requires the Office of State Guardian to affirm its
23    availability to act in the county; and
24        (3) expires in a pending case of a person with a
25    disability in the county at such a time as the court



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1    appoints a qualified successor guardian of the estate and
2    person for the person with a disability.
3    When appointed as an interim public guardian, the State
4Guardian will perform the powers and duties assigned under the
5Guardianship and Advocacy Act.
6    The Governor may appoint the same person to serve as public
7guardian and public administrator in one or more counties. In
8considering the number of counties of service for any
9prospective public guardian or public administrator the
10Governor may consider the population of the county and the
11ability of the prospective public guardian or public
12administrator to travel to multiple counties and manage estates
13in multiple counties. Each person so appointed holds his office
14for 4 years from the first Monday of December, 1977 and every 4
15years thereafter or until his successor is appointed and
17(Source: P.A. 96-752, eff. 1-1-10.)
18    (755 ILCS 5/13-1.2)
19    Sec. 13-1.2. Certification requirement. Each person
20appointed as a public guardian by the Governor shall be
21certified as a National Certified Guardian by the Center for
22Guardianship Certification within 6 months after his or her
23appointment. The Guardianship and Advocacy Commission shall
24provide public guardians with information about certification
25requirements and procedures for testing and certification



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1offered by professional training opportunities and facilitate
2testing and certification opportunities at locations in
3Springfield and Chicago with the Center for Guardianship
4Certification. The cost of certification shall be considered an
5expense connected with the operation of the public guardian's
6office within the meaning of subsection (b) of Section 13-3.1
7of this Article.
8(Source: P.A. 96-752, eff. 1-1-10.)
9    Section 99. Effective date. This Act takes effect one year
10after becoming law.