99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB2505
 
Introduced 2/18/2015, by Rep. David Harris
 
SYNOPSIS AS INTRODUCED:
 

 



755 ILCS 5/11a-4  from Ch. 110 1/2, par. 11a-4

     Amends the Probate Act of 1975. Provides that a temporary guardian shall have the limited powers and duties (instead of "all of the powers and duties") of a guardian
of the person or of the estate which are specifically enumerated by court
order.
  


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A BILL FOR
 

  
HB2505LRB099 10403 HEP 30630 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-4 as follows:
 



6    (755 ILCS 5/11a-4)  (from Ch. 110 1/2, par. 11a-4)



7    Sec. 11a-4. Temporary guardian. 
8    (a) Prior to the appointment of a guardian
under this 
9Article, pending an appeal in relation to the
appointment, or

10pending the
completion of a citation proceeding brought 
11pursuant to Section 23-3 of this
Act,
or upon a guardian's 
12death, incapacity, or resignation, the court may appoint a 
13temporary guardian upon a showing of the necessity
therefor for 
14the immediate welfare and protection of the alleged
disabled 
15person or his or her estate
on such notice and subject to such 
16conditions as the court may prescribe.
In determining the 
17necessity for temporary guardianship, the immediate
welfare 
18and protection of the alleged disabled person and his or her 
19estate
shall be
of paramount concern, and the interests of the 
20petitioner, any care provider,
or any other party shall not 
21outweigh the interests of the alleged disabled
person.
The 
22temporary guardian shall have all of the limited powers and 
23duties of a guardian
of the person or of the estate which are 
 
 
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1specifically enumerated by court
order. The court order shall 
2state the actual harm identified by the court
that necessitates 
3temporary guardianship or any extension thereof. 
4    (b) The temporary guardianship shall
expire within 60 days 
5after the
appointment or whenever a guardian is regularly 
6appointed, whichever occurs
first. No extension shall be 
7granted except:


8        (1) In a case where there has been an adjudication of 
9    disability, an extension shall be granted: 
10            (i) pending the disposition on appeal of an 
11        adjudication of disability;
12            (ii) pending the completion of a citation 
13        proceeding brought pursuant to Section 23-3;
14            (iii) pending the appointment of a successor 
15        guardian in a case where the former guardian has 
16        resigned, has become incapacitated, or is deceased; or
17            (iv) where the guardian's powers have been 
18        suspended pursuant to a court order. 
19        (2) In a case where there has not been an adjudication 
20    of disability, an extension shall be granted pending the 
21    disposition of a petition brought pursuant to Section 11a-8 
22    so long as the court finds it is in the best interest of 
23    the alleged disabled person to extend the temporary 
24    guardianship so as to protect the alleged disabled person 
25    from any potential abuse, neglect, self-neglect, 
26    exploitation, or other harm and such extension lasts no 
 
 
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1    more than 120 days from the date the temporary guardian was 
2    originally appointed. 
3    The ward shall have the right any time after the 
4appointment
of a temporary guardian is made to petition the 
5court to revoke the appointment
of the temporary guardian.

6(Source: P.A. 97-614, eff. 1-1-12.)