summary
Introduced
01/24/2025
01/24/2025
In Committee
03/21/2025
03/21/2025
Crossed Over
Passed
Dead
Introduced Session
104th General Assembly
Bill Summary
Amends the Guardians for Adults with Disabilities Article of the Probate Act of 1975. Provides that a person is qualified to act as guardian of a person with a disability and as guardian of the estate of a person with a disability if, among other requirements, the court finds that the proposed guardian is capable of providing an active and suitable program of guardianship for the person with a disability and that the proposed guardian has not been found to be an unfit person, unless the court finds the appointment of the person to have previously been found unfit to be in the best interests of the person with a disability, and as part of the best interests determination, the court has considered the nature of the determination of unfitness, the date of the determination, and the evidence of the proposed guardian's determination. Effective immediately.
AI Summary
This bill amends the Probate Act of 1975 to modify the qualifications for becoming a guardian of a person with a disability. The bill adds a new qualification (6) that prevents individuals who have been previously found unfit under the Adoption Act from serving as a guardian, unless the court determines that their appointment would be in the best interests of the person with a disability. When making this determination, the court must consider the nature and date of the unfitness determination and evidence of the proposed guardian's current status. The bill maintains existing requirements for guardians, such as being at least 18 years old, a U.S. resident, of sound mind, and not having been convicted of certain felonies. The legislation also reaffirms that courts can appoint separate guardians for a person's personal care and estate, and can appoint co-guardians, with careful consideration of their ability to work together. The goal is to ensure that guardians are well-suited to provide active and appropriate support for individuals with disabilities, while protecting their best interests.
Committee Categories
Justice
Sponsors (1)
Last Action
Rule 19(a) / Re-referred to Rules Committee (on 03/21/2025)
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.ilga.gov/legislation/BillStatus.asp?DocNum=1714&GAID=18&DocTypeID=HB&SessionID=114&GA=104 |
| BillText | https://www.ilga.gov/legislation/104/HB/10400HB1714.htm |
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