IL SB3713

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

Courts may remove an individual's right to marry only if 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.

An individual whose marriage right was removed may still marry with guardian consent or by petitioning the court, which must approve unless clear and convincing evidence shows the person lacks capacity and marriage would be contrary to their best interests.

Marriages entered into by individuals whose marriage rights were removed are void unless the guardian consents, the right is restored and the individual ratifies the marriage, or the court ratifies the decision.

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 authorizing the marriage.