IL HB5288

Individuals under guardianship who understand the nature, effect, duties, and obligations of marriage retain the right to marry without requiring guardian consent or court authorization

Courts may remove an individual's right to marry only if specifically requested in a guardianship petition and the court finds by clear and convincing evidence after an evidentiary hearing that the person lacks capacity to understand marriage

Even when the right to marry has been removed, individuals may still marry with guardian consent or through court petition if they can show capacity and that marriage serves their best interests

Marriages entered into by individuals whose right to marry was removed are void unless the guardian files consent, the right is restored and the individual ratifies the marriage, or the court enters a ratification order

Guardians may contest marriage validity under the Illinois Marriage and Dissolution of Marriage Act, and county clerks must issue marriage licenses upon guardian consent or court order