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IL HB0266
Bill
Status
8/6/2021
Primary Sponsor
Thomas Bennett
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AI Summary
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Amends Section 11a-17 of the Probate Act of 1975 to revise the standards for guardian decision-making, requiring guardians to consider the ward's current preferences when known or reasonably ascertainable.
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Establishes that guardian decisions must conform to the ward's preferences unless the guardian reasonably believes doing so would cause substantial harm to the ward's welfare or interests.
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Adds new subsection (a-3) allowing guardians of the person to open, maintain, and transfer funds to ABLE accounts without court order if no guardian of the estate has been appointed.
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Adds new subsection (a-5) permitting guardians to maintain or file petitions for dissolution of marriage, legal separation, or declaration of invalidity on behalf of wards, subject to court approval based on clear and convincing evidence that relief is in the ward's best interests.
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Adds new subsection (a-10) allowing courts to authorize guardians to consent to the ward's marriage upon petition and clear and convincing evidence that the marriage is in the ward's best interests, with county clerks required to accept such guardianship authorizations.
Legislative Description
PROBATE-GUARDIAN-DECISIONS
Last Action
Public Act . . . . . . . . . 102-0258
8/6/2021