HB1425 104TH GENERAL ASSEMBLY

LRB104 06542 JRC 16578 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB1425

Introduced 1/28/2025, by Rep. Yolonda Morris

SYNOPSIS AS INTRODUCED:

755 ILCS 5/11a-1	from Ch. 110 1/2, par. 11a-1
755 ILCS 5/11a-12	from Ch. 110 1/2, par. 11a-12

Amends the Probate Act of 1975. Provides that for proceedings seeking a guardianship of a disabled adult, if the proposed guardian is otherwise qualified under the Act, the court must give first consideration to appointing a family member who petitions to be a guardian unless the person alleged to have a disability has designated some other person to be guardian under the Act. Continues to provide that the paramount concern in the selection of the guardian is the best interests and well-being of the person with a disability. Defines "family member" to mean any person related to the person alleged to have a disability.

A BILL FOR

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 Sections 11a-1 and 11a-12 as follows:

(755 ILCS 5/11a-1) (from Ch. 110 1/2, par. 11a-1)

Sec. 11a-1. "Developmental disability", "intellectual disability", and "related condition" defined.

"Developmental disability" means "developmental disability" as defined in Section 1-116 of the Mental Health and Developmental Disabilities Code.

"Family member" means any person related to the person alleged to have a disability.

"Intellectual disability" means "intellectual disability" as defined in Section 1-116 of the Mental Health and Developmental Disabilities Code.

"Related condition" means a condition that:

(1) is attributable to cerebral palsy, epilepsy, or any other condition, other than mental illness, found to be closely related to an intellectual disability because that condition results in impairment of general intellectual functioning or adaptive behavior similar to that of individuals with an intellectual disability, and requires treatment or services similar to those required for those individuals. For purposes of this Act, autism is considered a related condition;

(2) is manifested before the individual reaches age 22;

(3) is likely to continue indefinitely; and

(4) results in substantial functional limitation in 3 or more of the following areas of major life activity: self-care, language, learning, mobility, self-direction, and capacity for independent living.

(Source: P.A. 102-72, eff. 1-1-22; 102-109, eff. 1-1-22; 102-972, eff. 1-1-23.)

(755 ILCS 5/11a-12) (from Ch. 110 1/2, par. 11a-12)

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. If a family member petitions to be the guardian and is otherwise qualified under this Act, the court must give first consideration to appointing the family member as guardian unless the person alleged to have a disability has designated some other person to be guardian under Section 11a-6. 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 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; 102-770, eff. 1-1-23.)