102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB4011
 
Introduced 1/21/2022, by Sen. Thomas Cullerton
 
SYNOPSIS AS INTRODUCED:
 

 



755 ILCS 5/23-2  from Ch. 110 1/2, par. 23-2

     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.
  


LRB102 24363 LNS 33597 b

 
 
A BILL FOR
 

  
SB4011LRB102 24363 LNS 33597 b


  
1    AN ACT concerning civil law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Probate Act of 1975 is amended  by changing 
5Section 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 
9own 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 
12for:
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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1United States, the court may remove the representative as such

2representative.

3(Source: P.A. 99-143, eff. 7-27-15.)