summary
Introduced
02/07/2025
02/07/2025
In Committee
03/21/2025
03/21/2025
Crossed Over
Passed
Dead
Introduced Session
104th General Assembly
Bill Summary
Amends the Hospital Licensing Act. Provides that, if a physician determines that an adult patient is so disabled as to be unable to consent to discharge or placement in a facility or a physician reasonably believes an adult patient is a person with a disability in need of a guardian in accordance with the Probate Act of 1975 and there is no family, surrogate decision maker, agent under a power of attorney, trustee, or other close friend who is ready willing and able to assist that adult patient, then the hospital shall notify the Office of State Guardian and the public guardian of the county where the patient resides. Amends the Nursing Home Care Act. Requires a facility to notify the Office of State Guardian and the public guardian in the county where the patient resides before executing a contract in specified circumstances where the patient has diminished capacity. Amends the Probate Act of 1975. Includes private professional guardians as individuals who may act as guardians. Establishes standards for private professional guardians before appointment. Requires a private professional guardian who serves as guardian for 15 or more persons with disabilities to be certified as a National Master Guardian by the Center for Guardianship Certification and imposes other requirements, including background checks. Sets forth provisions concerning private professional guardians as successor guardians and the removal of private professional guardians who fail to comply with the specified requirements.
AI Summary
This bill amends three key laws to establish new standards and protections for private professional guardianship in Illinois. The bill defines a "private professional guardian" as an individual or entity who is compensated to serve as a guardian for five or more unrelated persons with disabilities, and introduces comprehensive requirements for their appointment and conduct. These requirements include prohibitions on financial conflicts of interest, mandates for maintaining sound fiscal controls, and a requirement that guardians serving 15 or more individuals must be certified as a National Master Guardian. The bill also introduces new notification procedures for hospitals and nursing facilities when an adult patient lacks decision-making capacity and has no family or surrogate available to assist them, requiring these facilities to contact the Office of State Guardian or the county public guardian. Additionally, the bill establishes standards for background checks, fee disclosures, and annual budgeting for private professional guardians, with the overarching goal of protecting the interests of individuals with disabilities who require guardianship. These provisions aim to prevent potential abuse and ensure that guardians are held to high ethical and professional standards when making critical decisions on behalf of vulnerable individuals.
Committee Categories
Health and Social Services
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=3811&GAID=18&DocTypeID=HB&SessionID=114&GA=104 |
| BillText | https://www.ilga.gov/legislation/104/HB/10400HB3811.htm |
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