| ||||
| Public Act 102-0770 | ||||
| ||||
| ||||
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-12 as follows:
| ||||
(755 ILCS 5/11a-12) (from Ch. 110 1/2, par. 11a-12)
| ||||
(Text of Section before amendment by P.A. 102-72)
| ||||
Sec. 11a-12. Order of appointment.) | ||||
(a) If basis for the
appointment of a guardian as | ||||
specified in Section 11a-3 is not found,
the court shall | ||||
dismiss the petition.
| ||||
(b) If the respondent is adjudged to be a person with a | ||||
disability and to lack some but not all of the capacity as | ||||
specified in Section 11a-3, and if the court finds that
| ||||
guardianship is necessary for the protection of the person | ||||
with a disability, his or her estate, or both, the court shall | ||||
appoint a
limited guardian for the respondent's person or | ||||
estate or both. The
court shall enter a written order stating
| ||||
the factual basis for its findings and specifying the duties | ||||
and powers of the guardian and the legal disabilities to which | ||||
the respondent is subject.
| ||||
(c) If the respondent is adjudged to be a person with a | ||||
disability and to be totally without capacity as specified in | ||||
Section 11a-3, and if the court finds
that limited | ||
guardianship will not provide sufficient protection for the | ||
person with a disability, his
or her estate, or both, the court | ||
shall
appoint a plenary guardian for the respondent's person | ||
or estate or both.
The court shall enter a written order | ||
stating the factual basis
for its findings.
| ||
(d) The selection of the guardian shall be in the | ||
discretion
of the court, which shall give due consideration to | ||
the preference of the
person with a disability as to a | ||
guardian, as well as the qualifications of the
proposed | ||
guardian, in making its appointment. However, the paramount | ||
concern in the selection of the guardian is the best interest | ||
and well-being of the person with a disability.
| ||
(e) The order of appointment of a guardian of the person in | ||
any county with a population of less than 3 million shall | ||
include the requirement that the guardian of the person | ||
complete the training program as provided in Section 33.5 of | ||
the Guardianship and Advocacy Act that outlines the | ||
responsibilities of the guardian of the person and the rights | ||
of the person under guardianship and file with the court a | ||
certificate of completion one year from the date of issuance | ||
of the letters of guardianship, except that: (1) the chief | ||
judge of any circuit may order implementation of another | ||
training program by a suitable provider containing | ||
substantially similar content; (2) employees of the Office of | ||
the State Guardian, public guardians, attorneys currently | ||
authorized to practice law, corporate fiduciaries, and persons | ||
certified by the Center for Guardianship Certification are | ||
exempt from this training requirement; and (3) the court may, | ||
for good cause shown, exempt from this requirement an | ||
individual not otherwise listed in item (2). For the purposes | ||
of this subsection (e), good cause may be proven by affidavit. | ||
If the court finds good cause to exempt an individual from the | ||
training requirement, the order of appointment shall so state. | ||
(Source: P.A. 99-143, eff. 7-27-15; 100-483, eff. 9-8-18.)
| ||
(Text of Section after amendment by P.A. 102-72) | ||
Sec. 11a-12. Order of appointment. | ||
(a) If basis for the
appointment of a guardian as | ||
specified in Section 11a-3 is not found,
the court shall | ||
dismiss the petition.
| ||
(b) If the respondent is adjudged to be a person with a | ||
disability and to lack some but not all of the capacity as | ||
specified in Section 11a-3, and if the court finds that
| ||
guardianship is necessary for the protection of the person | ||
with a disability, his or her estate, or both, the court shall | ||
appoint a
limited guardian for the respondent's person or | ||
estate or both. The
court shall enter a written order stating
| ||
the factual basis for its findings and specifying the duties | ||
and powers of the guardian and the legal disabilities to which | ||
the respondent is subject.
| ||
(c) If the respondent is adjudged to be a person with a | ||
disability and to be totally without capacity as specified in | ||
Section 11a-3, and if the court finds
that limited | ||
guardianship will not provide sufficient protection for the | ||
person with a disability, his
or her estate, or both, the court | ||
shall
appoint a plenary guardian for the respondent's person | ||
or estate or both.
The court shall enter a written order | ||
stating the factual basis
for its findings.
| ||
(d) The selection of the guardian shall be in the | ||
discretion
of the court, which shall give due consideration to | ||
the preference of the
person with a disability as to a | ||
guardian, as well as the qualifications of the
proposed | ||
guardian, in making its appointment. However, the paramount | ||
concern in the selection of the guardian is the best interests | ||
and well-being of the person with a disability.
| ||
One person or agency may be appointed a limited or plenary | ||
guardian of the person and another person or corporate trustee | ||
appointed as a limited or plenary guardian of the estate. If | ||
different persons are appointed, the court shall consider the | ||
factors set forth in subsection (b-5) of Section 11a-5. The | ||
court shall enter a written order stating the factual basis | ||
for its findings. | ||
(e) The order of appointment of a guardian of the person in | ||
any county with a population of less than 3 million shall | ||
include the requirement that the guardian of the person | ||
complete the training program as provided in Section 33.5 of | ||
the Guardianship and Advocacy Act that outlines the | ||
responsibilities of the guardian of the person and the rights | ||
of the person under guardianship and file with the court a | ||
certificate of completion one year from the date of issuance | ||
of the letters of guardianship, except that: (1) the chief | ||
judge of any circuit may order implementation of another | ||
training program by a suitable provider containing | ||
substantially similar content; (2) employees of the Office of | ||
the State Guardian, public guardians, attorneys currently | ||
authorized to practice law, corporate fiduciaries, and persons | ||
certified by the Center for Guardianship Certification are | ||
exempt from this training requirement; and (3) the court may, | ||
for good cause shown, exempt from this requirement an | ||
individual not otherwise listed in item (2). For the purposes | ||
of this subsection (e), good cause may be proven by affidavit. | ||
If the court finds good cause to exempt an individual from the | ||
training requirement, the order of appointment shall so state. | ||
(Source: P.A. 102-72, eff. 1-1-22.)
| ||
Section 95. No acceleration or delay. Where this Act makes | ||
changes in a statute that is represented in this Act by text | ||
that is not yet or no longer in effect (for example, a Section | ||
represented by multiple versions), the use of that text does | ||
not accelerate or delay the taking effect of (i) the changes | ||
made by this Act or (ii) provisions derived from any other | ||
Public Act.
| ||