Bill > HB2579

This bill amends Illinois law to establish additional protections and requirements for marriage when one party is under a court-ordered guardianship. The bill requires marriage license applications to now include information about whether either party is under a court-ordered guardianship, and mandates that county clerks only issue marriage licenses after confirming that either no party is under guardianship or, if one party is under guardianship, a judicial determination has been made that the marriage is in the best interests of the person under guardianship. The bill also strengthens judicial oversight by requiring courts to definitively follow (rather than merely consider) specific standards when determining if a marriage is in a ward's best interests. Critically, the legislation stipulates that if a "best interests" hearing is not held before a judicial officer prior to a ward entering marriage, the marriage will be considered legally void from the beginning (void ab initio). Furthermore, any person who knowingly enters into marriage with a ward without following the required legal procedures will be guilty of a Class 4 felony, which is a serious criminal offense that can result in potential imprisonment and fines.

Justice

https://www.ilga.gov/legislation/BillStatus.asp?DocNum=2579&GAID=18&DocTypeID=HB&SessionID=114&GA=104