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IL SB3592
Bill
Status
8/24/2012
Primary Sponsor
Ira Silverstein
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AI Summary
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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).
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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.
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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.
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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.
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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