Public Act 93-0435

SB41 Enrolled                        LRB093 00001 DRJ 02039 b

    AN ACT in relation to estates.

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

    Section  5.  The  Probate  Act  of  1975  is  amended  by
changing Section 11a-3 as follows:

    (755 ILCS 5/11a-3) (from Ch. 110 1/2, par. 11a-3)
    Sec. 11a-3.  Adjudication of disability; Power to appoint
guardian.
    (a)  Upon  the filing of a petition by a reputable person
or by the alleged disabled  person  himself  or  on  its  own
motion,  the  court  may  adjudge  a  person to be a disabled
person, but only if it has been  demonstrated  by  clear  and
convincing  evidence  that the person is a disabled person as
defined in Section 11a-2.  If the court adjudges a person  to
be  a  disabled  person,  the  court  and  may  appoint (1) a
guardian of his person, if it has been demonstrated by  clear
and  convincing  evidence  that  because of his disability he
lacks  sufficient  understanding  or  capacity  to  make   or
communicate  responsible decisions concerning the care of his
person, or (2) a guardian of  his  estate,  if  it  has  been
demonstrated by clear and convincing evidence that because of
his disability he is unable to manage his estate or financial
affairs, or (3) a guardian of his person and of his estate.
    (b)  Guardianship  shall be utilized only as is necessary
to promote the well-being of the disabled person, to  protect
him  from  neglect,  exploitation, or abuse, and to encourage
development of his maximum  self-reliance  and  independence.
Guardianship shall be ordered only to the extent necessitated
by  the  individual's  actual  mental,  physical and adaptive
limitations.
(Source: P.A. 91-357, eff. 7-29-99.)

Effective Date: 1/1/2004