Full Text of SB4011 102nd General Assembly
SB4011 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB4011 Introduced 1/21/2022, by Sen. Thomas Cullerton SYNOPSIS AS INTRODUCED: |
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755 ILCS 5/23-2 | from Ch. 110 1/2, par. 23-2 |
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Amends the Resignation And Removal Of Representative Article of the Probate Act of 1975. Provides that a guardian ad litem may be removed for good cause for: failure to comply with the duties of a guardian ad litem; committing any criminal or unlawful act that reflects adversely on the guardian ad litem's honesty, trustworthiness, or fitness as a guardian ad litem; in the performance of guardian ad litem duties, by words or conduct, manifesting bias or prejudice based upon race, color, sex, religion, national origin, disability, age, sexual orientation, or socioeconomic status; or engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation.
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| | A BILL FOR |
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| 1 | | AN ACT concerning civil law.
| 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 changing | 5 | | Section 23-2 as follows:
| 6 | | (755 ILCS 5/23-2) (from Ch. 110 1/2, par. 23-2)
| 7 | | Sec. 23-2. Removal.
| 8 | | (a) On petition of any interested person or on
the court's | 9 | | own motion, the court may remove a representative if:
| 10 | | (1) the representative is acting under letters secured | 11 | | by false
pretenses;
| 12 | | (2) the representative is adjudged a person subject to | 13 | | involuntary
admission under the
Mental Health and | 14 | | Developmental Disabilities Code or is adjudged a person | 15 | | with a disability;
| 16 | | (3) the representative is convicted of a felony;
| 17 | | (4) the representative wastes or mismanages the | 18 | | estate;
| 19 | | (5) the representative conducts himself or herself in | 20 | | such a manner as
to endanger any
co-representative or the | 21 | | surety on the representative's bond;
| 22 | | (6) the representative fails to give sufficient bond | 23 | | or security,
counter security or a
new bond, after being |
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| 1 | | ordered by the court to do so;
| 2 | | (7) the representative fails to file an inventory or | 3 | | accounting after
being ordered by
the court to do so;
| 4 | | (8) the representative conceals himself or herself so | 5 | | that process
cannot be served upon
the representative or
| 6 | | notice cannot be given to the representative;
| 7 | | (9) the representative becomes incapable of or | 8 | | unsuitable for the
discharge of the
representative's
| 9 | | duties; or
| 10 | | (10) there is other good cause. | 11 | | (a-5) A guardian ad litem may be removed for good cause | 12 | | for: | 13 | | (1) failure to comply with the duties of a guardian ad | 14 | | litem established in paragraph (2) of subsection (a) of | 15 | | Section 506 of the Illinois Marriage and Dissolution of | 16 | | Marriage Act; | 17 | | (2) committing any criminal or unlawful act that | 18 | | reflects adversely on the guardian ad litem's honesty, | 19 | | trustworthiness, or fitness as a guardian ad litem; | 20 | | (3) in the performance of guardian ad litem duties, by | 21 | | words or conduct, manifesting bias or prejudice based upon | 22 | | race, color, sex, religion, national origin, disability, | 23 | | age, sexual orientation, or socioeconomic status; or | 24 | | (4) engaging in conduct involving dishonesty, fraud, | 25 | | deceit, or misrepresentation.
| 26 | | (b) If the representative becomes a nonresident of the
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| 1 | | United States, the court may remove the representative as such
| 2 | | representative.
| 3 | | (Source: P.A. 99-143, eff. 7-27-15.)
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