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| Public Act 102-0120 | ||||
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Probate Act of 1975 is amended by changing | ||||
Section 11a-4 as follows:
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(755 ILCS 5/11a-4) (from Ch. 110 1/2, par. 11a-4)
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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
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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
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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:
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(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.
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(Source: P.A. 99-70, eff. 1-1-16; 99-143, eff. 7-27-15; | ||
99-642, eff. 7-28-16.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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