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Public Act 102-0120


 

Public Act 0120 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0120
 
HB0263 EnrolledLRB102 04305 LNS 14323 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 Probate Act of 1975 is amended by changing
Section 11a-4 as follows:
 
    (755 ILCS 5/11a-4)  (from Ch. 110 1/2, par. 11a-4)
    Sec. 11a-4. Temporary guardian.
    (a) Prior to the appointment of a guardian under this
Article, pending an appeal in relation to the appointment, or
pending the completion of a citation proceeding brought
pursuant to Section 23-3 of this Act, or upon a guardian's
death, incapacity, or resignation, the court may appoint a
temporary guardian upon a showing of the necessity therefor
for the immediate welfare and protection of the alleged person
with a disability or his or her estate on such notice and
subject to such conditions as the court may prescribe. A
petition for the appointment of a temporary guardian for an
alleged person with a disability shall be filed at the time of
or subsequent to the filing of a petition for adjudication of
disability and appointment of a guardian. The petition for the
appointment of a temporary guardian shall state the facts upon
which it is based and the name, the post office address, and,
in the case of an individual, the age and occupation of the
proposed temporary guardian. In determining the necessity for
temporary guardianship, the immediate welfare and protection
of the alleged person with a disability and his or her estate
shall be of paramount concern, and the interests of the
petitioner, any care provider, or any other party shall not
outweigh the interests of the alleged person with a
disability. The temporary guardian shall have the limited
powers and duties of a guardian of the person or of the estate
which are specifically enumerated by court order. The court
order shall state the actual harm identified by the court that
necessitates temporary guardianship or any extension thereof.
    (a-5) Notice of the time and place of the hearing on a
petition for the appointment of a temporary guardian shall be
given, not less than 3 days before the hearing, by mail or in
person to the alleged person with a disability, the proposed
temporary guardian, and to those persons whose names and
addresses are listed in the petition for adjudication of
disability and appointment of a guardian under Section 11a-8.
The court, upon a finding of good cause, may waive the notice
requirement under this subsection.
    (a-10) Notice of the time and place of the hearing on a
petition to revoke the appointment of a temporary guardian
shall be given, not less than 3 days before the hearing, by
mail or in person to the temporary guardian, to the petitioner
on whose petition the temporary guardian was appointed, and to
those persons whose names and addresses are listed in the
petition for adjudication of disability and appointment of a
guardian under Section 11a-8. The court, upon a finding of
good cause, may waive the notice requirements under this
subsection.
    (b) The temporary guardianship shall expire within 60 days
after the appointment or whenever a guardian is regularly
appointed, whichever occurs first. No extension shall be
granted except:
        (1) In a case where there has been an adjudication of
    disability, an extension shall be granted:
            (i) pending the disposition on appeal of an
        adjudication of disability;
            (ii) pending the completion of a citation
        proceeding brought pursuant to Section 23-3;
            (iii) pending the appointment of a successor
        guardian in a case where the former guardian has
        resigned, has become incapacitated, or is deceased; or
            (iv) where the guardian's powers have been
        suspended pursuant to a court order.
        (2) In a case where there has not been an adjudication
    of disability, an extension shall be granted pending the
    disposition of a petition brought pursuant to Section
    11a-8 so long as the court finds it is in the best interest
    of the alleged person with a disability to extend the
    temporary guardianship so as to protect the alleged person
    with a disability from any potential abuse, neglect,
    self-neglect, exploitation, or other harm and such
    extension lasts no more than 120 days from the date the
    temporary guardian was originally appointed.
    The ward shall have the right any time after the
appointment of a temporary guardian is made to petition the
court to revoke the appointment of the temporary guardian.
(Source: P.A. 99-70, eff. 1-1-16; 99-143, eff. 7-27-15;
99-642, eff. 7-28-16.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/23/2021