104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB1714
 
Introduced 1/28/2025, by Rep. Terra Costa Howard
 
SYNOPSIS AS INTRODUCED:
 
755 ILCS 5/11a-5  from Ch. 110 1/2, par. 11a-5
    Amends the Guardians for Adults with Disabilities Article of the Probate Act of 1975. Provides that a person is qualified to act as guardian of a person with a disability and as guardian of the estate of a person with a disability if, among other requirements, the court finds that the proposed guardian is capable of providing an active and suitable program of guardianship for the person with a disability and that the proposed guardian has not been found to be an unfit person, unless the court finds the appointment of the person to have previously been found unfit to be in the best interests of the person with a disability, and as part of the best interests determination, the court has considered the nature of the determination of unfitness, the date of the determination, and the evidence of the proposed guardian's determination. Effective immediately.


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A BILL FOR
 
HB1714LRB104 02917 LNS 12933 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 11a-5 as follows:
 
6    (755 ILCS 5/11a-5)  (from Ch. 110 1/2, par. 11a-5)
7    Sec. 11a-5. Who may act as guardian. 
8    (a) A person is qualified to act as guardian of the person 
9and as guardian of the estate of a person with a disability if 
10the court finds that the proposed guardian is capable of 
11providing an active and suitable program of guardianship for 
12the person with a disability and that the proposed guardian:
13        (1) has attained the age of 18 years;
14        (2) is a resident of the United States;
15        (3) is not of unsound mind;
16        (4) is not an adjudged person with a disability as 
17    defined in this Act; and
18        (5) has not been convicted of a felony, unless the 
19    court finds appointment of the person convicted of a 
20    felony to be in the best interests of the person with a 
21    disability, and as part of the best interests 
22    determination, the court has considered the nature of the 
23    offense, the date of offense, and the evidence of the 
 
 
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1    proposed guardian's rehabilitation. No person shall be 
2    appointed who has been convicted of a felony involving 
3    harm or threat to a minor or an elderly person or a person 
4    with a disability, including a felony sexual offense; and 
5    . 
6        (6) has not been found to be an unfit person as defined 
7    under subsection D of Section 1 of the Adoption Act, 
8    unless the court finds the appointment of the person to 
9    have previously been found unfit to be in the best 
10    interests of the person with a disability, and as part of 
11    the best interests determination, the court has considered 
12    the nature of the determination of unfitness, the date of 
13    the determination, and the evidence of the proposed 
14    guardian's determination. 
15    (b) Any public agency, or not-for-profit corporation found 
16capable by the court of providing an active and suitable 
17program of guardianship for the person with a disability, 
18taking into consideration the nature of such person's 
19disability and the nature of such organization's services, may 
20be appointed guardian of the person or of the estate, or both, 
21of the person with a disability. The court shall not appoint as 
22guardian an agency or employee of an agency that is directly 
23providing residential services to the ward. One person or 
24agency may be appointed guardian of the person and another 
25person or agency appointed guardian of the estate.
26    (b-5)(1) The court may appoint separate individuals or 
 
 
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1entities to act as the guardian of the person and the guardian 
2of the estate of a person with a disability if the court finds 
3it is in the best interests of the person with a disability 
4that separate guardians be appointed. The court shall not 
5appoint a separate person or entity to act as guardian of the 
6person or guardian of the estate with a public guardian or the 
7Office of State Guardian unless the public guardian or the 
8Office of State Guardian agrees to such an appointment.
9    (2) The court may appoint co-guardians to act as guardian 
10of the person, guardian of the estate, or both the guardian of 
11the person and the guardian of the estate if the court finds it 
12is in the best interests of the person with a disability. When 
13considering appointing co-guardians, the court shall consider 
14the proposed co-guardians' history of cooperating and working 
15together on behalf of the person with a disability. The court 
16shall appoint only co-guardians who agree to serve together. 
17The court shall not appoint a public guardian or the Office of 
18State Guardian as a co-guardian for a person with a 
19disability. 
20    (c) Any corporation qualified to accept and execute trusts 
21in this State may be appointed guardian or limited guardian of 
22the estate of a person with a disability.
23(Source: P.A. 102-72, eff. 1-1-22.)
 
24    Section 99. Effective date. This Act takes effect upon 
25becoming law.