Bill > SB3713

This bill amends the Probate Act of 1975 to clarify the marriage rights of individuals under guardianship. Generally, an individual under guardianship who understands the nature, effect, duties, and obligations of marriage retains the right to marry without needing prior consent from their guardian or court authorization. However, a court can remove this right if it's requested in a petition for guardianship and the court finds, after a hearing and with clear and convincing evidence, that the individual lacks the capacity to understand marriage decisions. Even if the right to marry is removed, an individual can still marry with their guardian's consent or if a court, after considering the individual's preferences, finds that they have the capacity to understand marriage and that marrying is in their best interests. Marriages entered into by individuals whose right to marry has been removed are generally void, unless specific exceptions are met, such as guardian consent or court ratification, with the court again considering the individual's capacity and best interests. The bill also allows a guardian to challenge the validity of a marriage under the Illinois Marriage and Dissolution of Marriage Act.

https://www.ilga.gov/Legislation/BillStatus?DocNum=3713&GAID=18&DocTypeID=SB&SessionID=114&GA=104