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IL HB5278
Bill
Status
2/5/2026
Primary Sponsor
Bob Morgan
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AI Summary
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Amends the Illinois Power of Attorney Act to automatically suspend any power of attorney when the Office of State Guardian or a public guardian is appointed as temporary, limited, or plenary guardian of the principal.
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Courts may only revoke a power of attorney after such guardian appointment if the named agent received proper notice of the guardianship petition and failed to assert their authority before the appointment.
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Agents who did not receive notice of the guardianship petition or were unaware they were named as an agent may petition the court to lift the suspension by demonstrating with clear and convincing evidence that reinstatement serves the principal's best interests.
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Requires at least 14 days' notice before hearings on petitions to lift agency suspensions, with notice provided to the guardian, the person with a disability, persons listed in the original guardianship petition, and any guardian ad litem.
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Amends guardianship petition requirements under the Probate Act of 1975 to mandate disclosure of agents' names and addresses, or documentation of diligent inquiry efforts if this information cannot be obtained.
Legislative Description
APPT-PUBLIC GUARDIAN
Last Action
Assigned to Judiciary - Civil Committee
3/4/2026