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IL SB3594

Bill

Status

Passed

8/24/2012

Primary Sponsor

Ira Silverstein

Click for details

Origin

Senate

97th General Assembly

AI Summary

  • Amends the Probate Act of 1975 to clarify that the public guardian is not responsible for paying guardian ad litem or legal fees when serving as petitioner in guardianship proceedings.

  • Requires courts to set guardianship hearings within 30 days of petition filing and appoint a guardian ad litem unless the court determines appointment is unnecessary for respondent protection.

  • Mandates the guardian ad litem personally observe the respondent, provide written and oral notice of petition contents and rights, and file a written report before the hearing detailing observations and professional opinions.

  • Allows courts to order the petitioner to pay guardian ad litem and counsel fees if the respondent cannot afford them, except when the public guardian, Office of State Guardian, elder abuse provider agency, or Department of Human Services Office of Inspector General is the petitioner.

  • Establishes that guardianship orders appointing plenary, limited, or successor guardians remain in effect and enforceable during post-judgment motion proceedings unless the court grants a stay.

Legislative Description

PROBATE-PUBLIC GUARDIAN-FEES

Last Action

Public Act . . . . . . . . . 97-1095

8/24/2012

Committee Referrals

Judiciary I - Civil Law4/19/2012
Rules4/18/2012
Judiciary2/23/2012
Assignments2/10/2012

Full Bill Text

No bill text available