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91_SB0670
LRB9105969SMmb
1 AN ACT regarding children.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Probate Act of 1975 is amended by
5 changing Section 11-5 as follows:
6 (755 ILCS 5/11-5) (from Ch. 110 1/2, par. 11-5)
7 Sec. 11-5. Appointment of guardian of a minor.
8 (a) Upon the filing of a petition for the appointment of
9 a guardian or on its own motion, the court may appoint a
10 guardian of the estate or of both the person and estate, of a
11 minor, or may appoint a guardian of the person only of a
12 minor or minors, as the court finds to be in the best
13 interest of the minor or minors.
14 (a-1) A parent, adoptive parent or adjudicated parent,
15 whose parental rights have not been terminated, may designate
16 in any writing, including a will, a person qualified to act
17 under Section 11-3 to be appointed as guardian of the person
18 or estate, or both, of an unmarried minor or of a child
19 likely to be born. A parent, adoptive parent or adjudicated
20 parent, whose parental rights have not been terminated, or a
21 guardian or a standby guardian of an unmarried minor or of a
22 child likely to be born may designate in any writing,
23 including a will, a person qualified to act under Section
24 11-3 to be appointed as successor guardian of the minor's
25 person or estate, or both. The designation must be witnessed
26 by 2 or more credible witnesses at least 18 years of age,
27 neither of whom is the person designated as the guardian.
28 The designation may be proved by any competent evidence. If
29 the designation is executed and attested in the same manner
30 as a will, it shall have prima facie validity. The
31 designation of a guardian or successor guardian does not
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1 affect the rights of the other parent in the minor.
2 (b) The court lacks jurisdiction to proceed on a
3 petition for the appointment of a guardian of a minor if (i)
4 the minor has a living parent, adoptive parent or adjudicated
5 parent, whose parental rights have not been terminated, whose
6 whereabouts are known, and who is willing and able to make
7 and carry out day-to-day child care decisions concerning the
8 minor, unless the parent or parents consent to the
9 appointment or, after receiving notice of the hearing under
10 Section 11-10.1, fail to object to the appointment at the
11 hearing on the petition or (ii) there is a guardian for the
12 minor appointed by a court of competent jurisdiction. There
13 shall be a rebuttable presumption that a parent of a minor is
14 willing and able to make and carry out day-to-day child care
15 decisions concerning the minor, but the presumption may be
16 rebutted by a preponderance of the evidence.
17 (b-1) If the court finds the appointment of a guardian
18 of the minor to be in the best interest of the minor, and if
19 a standby guardian has previously been appointed for the
20 minor under Section 11-5.3, the court shall appoint the
21 standby guardian as the guardian of the person or estate, or
22 both, of the minor unless the court finds, upon good cause
23 shown, that the appointment would no longer be in the best
24 interest of the minor.
25 (c) If the minor is 14 years of age or more, the minor
26 may nominate the guardian of the minor's person and estate,
27 subject to approval of the court. If the minor's nominee is
28 not approved by the court or if, after notice to the minor,
29 the minor fails to nominate a guardian of the minor's person
30 or estate, the court may appoint the guardian without
31 nomination.
32 (d) The court shall not appoint as guardian of the
33 person of the minor any person whom the court has determined
34 had caused or substantially contributed to the minor becoming
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1 a neglected or abused minor as defined in the Juvenile Court
2 Act of 1987 unless 2 years have elapsed since the last proven
3 incident of abuse or neglect and the court determines that
4 appointment of such person as guardian is in the best
5 interests of the minor.
6 (e) Previous statements made by the minor relating to
7 any allegations that the minor is an abused or neglected
8 child within the meaning of the Abused and Neglected Child
9 Reporting Act, or an abused or neglected minor within the
10 meaning of the Juvenile Court Act of 1987, shall be
11 admissible in evidence in a hearing concerning appointment of
12 a guardian of the person or estate of the minor. No such
13 statement, however, if uncorroborated and not subject to
14 cross-examination, shall be sufficient in itself to support a
15 finding of abuse or neglect.
16 (Source: P.A. 90-430, eff. 8-16-97; 90-472, eff. 8-17-97;
17 90-796, eff. 12-15-98.)