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IL HB4307
Bill
Status
1/28/2020
Primary Sponsor
Terra Costa Howard
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AI Summary
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Allows courts to extend temporary guardianship up to 60 additional days (120 days total from original appointment) when no limited or plenary guardian has been appointed, if the extension protects the alleged person with a disability from abuse, neglect, or exploitation
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Authorizes courts to appoint separate individuals as guardian of the person and guardian of the estate, or to appoint co-guardians, when in the best interests of the person with a disability, though public guardians and the Office of State Guardian cannot be appointed as co-guardians without consent
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Establishes that guardians are entitled to reasonable compensation for services, with fees reviewed and approved by the court based on factors including duties assigned, necessity of services, time required, and needs of the ward; fees are treated as first-class administrative expense claims
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Creates procedures for succession when a new Public Guardian is appointed, requiring the outgoing guardian to provide a list of current guardianships within 14 days and allowing the incoming guardian to petition for transfer of cases based on the ward's best interests
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Requires that when an agent under a power of attorney seeks guardianship of the principal, the guardianship petition must specify which powers would be granted to the guardian that are not already covered by the existing power of attorney
Legislative Description
PROBATE ACT-ADULT GUARDIANSHIP
Last Action
Rule 19(b) / Re-referred to Rules Committee
6/23/2020