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IL SB3592

Bill

Status

Passed

8/24/2012

Primary Sponsor

Ira Silverstein

Click for details

Origin

Senate

97th General Assembly

AI Summary

  • Requires courts to document in writing that no suitable willing person is available before appointing the State Guardian, and on and after this Act's effective date, also requires courts to state reasons why State Guardian appointment is necessary rather than appointing another interested party (waived if Office of State Guardian petitions for its own appointment).

  • Establishes a guardianship and advocacy operations fee charged by circuit court clerks on all probate filings, with 5% retained by the clerk for administrative costs and 95% deposited into the Guardianship and Advocacy Fund.

  • Exempts from the operations fee: minor guardianships under Article XI of the Probate Act, indigent persons, the State Guardian, State agencies, public guardians, and State's Attorneys.

  • Clarifies that limited guardianship is appropriate when a disabled person lacks some but not all capacity and limited guardianship would provide sufficient protection, while plenary guardianship applies when limited guardianship will not provide sufficient protection.

  • Allows expedited termination or modification of guardianship when the disabled person and guardian agree termination is warranted, supported by an evaluation report, unless clear and convincing evidence shows the person is still incapable of self-care or estate management.

Legislative Description

PROBATE-ORDER APPOINT GUARDIAN

Last Action

Public Act . . . . . . . . . 97-1093

8/24/2012

Committee Referrals

Judiciary I - Civil Law5/23/2012
Rules4/18/2012
Judiciary2/23/2012
Assignments2/10/2012

Full Bill Text

No bill text available