Bill Text: IL HB4563 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Guardians For Adults with Disabilities Article of the Probate Act of 1975. Provides that a petition for the appointment of a temporary guardian for an alleged person with a disability shall be filed at the time of or subsequent to the filing of a petition for adjudication of disability and appointment of a guardian. Provides that the petition for the appointment of a temporary guardian shall state specified facts. Provides that notice of the time and place of the hearing on a petition for the appointment of a temporary guardian or petition to revoke the appointment of a temporary guardian shall be given not less than 3 days before the hearing. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB4563 Detail]

Download: Illinois-2019-HB4563-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB4563 Introduced , by Rep. Thomas M. Bennett SYNOPSIS AS INTRODUCED:
755 ILCS 5/11a-4 from Ch. 110 1/2, par. 11a-4
Amends the Guardians For Adults with Disabilities Article of the Probate Act of 1975. Provides that a petition for the appointment of a temporary guardian for an alleged person with a disability shall be filed at the time of or subsequent to the filing of a petition for adjudication of disability and appointment of a guardian. Provides that the petition for the appointment of a temporary guardian shall state specified facts. Provides that notice of the time and place of the hearing on a petition for the appointment of a temporary guardian or petition to revoke the appointment of a temporary guardian shall be given not less than 3 days before the hearing. Effective immediately.
LRB101 17433 LNS 66842 b
A BILL FOR
HB4563 LRB101 17433 LNS 66842 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Probate Act of 1975 is amended by changing
Section 11a-4 as follows:
(755 ILCS 5/11a-4) (from Ch. 110 1/2, par. 11a-4)
Sec. 11a-4. Temporary guardian.
(a) Prior to the appointment of a guardian under this
Article, pending an appeal in relation to the appointment, or
pending the completion of a citation proceeding brought
pursuant to Section 23-3 of this Act, or upon a guardian's
death, incapacity, or resignation, the court may appoint a
temporary guardian upon a showing of the necessity therefor for
the immediate welfare and protection of the alleged person with
a disability or his or her estate on such notice and subject to
such conditions as the court may prescribe. A petition for the
appointment of a temporary guardian for an alleged person with
a disability shall be filed at the time of or subsequent to the
filing of a petition for adjudication of disability and
appointment of a guardian. The petition for the appointment of
a temporary guardian shall state the facts upon which it is
based and the name, the post office address, and, in the case
of an individual, the age and occupation of the proposed

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temporary guardian. In determining the necessity for temporary
guardianship, the immediate welfare and protection of the
alleged person with a disability and his or her estate shall be
of paramount concern, and the interests of the petitioner, any
care provider, or any other party shall not outweigh the
interests of the alleged person with a disability. The
temporary guardian shall have the limited powers and duties of
a guardian of the person or of the estate which are
specifically enumerated by court order. The court order shall
state the actual harm identified by the court that necessitates
temporary guardianship or any extension thereof.
(a-5) Notice of the time and place of the hearing on a
petition for the appointment of a temporary guardian shall be
given, not less than 3 days before the hearing, by mail or in
person to the alleged person with a disability, the proposed
temporary guardian, and to those persons whose names and
addresses are listed in the petition for adjudication of
disability and appointment of a guardian under Section 11a-8.
The court, upon a finding of good cause, may waive the notice
requirement under this subsection.
(a-10) Notice of the time and place of the hearing on a
petition to revoke the appointment of a temporary guardian
shall be given, not less than 3 days before the hearing, by
mail or in person to the temporary guardian, to the petitioner
on whose petition the temporary guardian was appointed, and to
those persons whose names and addresses are listed in the

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petition for adjudication of disability and appointment of a
guardian under Section 11a-8. The court, upon a finding of good
cause, may waive the notice requirements under this subsection.
(b) The temporary guardianship shall expire within 60 days
after the appointment or whenever a guardian is regularly
appointed, whichever occurs first. No extension shall be
granted except:
(1) In a case where there has been an adjudication of
disability, an extension shall be granted:
(i) pending the disposition on appeal of an
adjudication of disability;
(ii) pending the completion of a citation
proceeding brought pursuant to Section 23-3;
(iii) pending the appointment of a successor
guardian in a case where the former guardian has
resigned, has become incapacitated, or is deceased; or
(iv) where the guardian's powers have been
suspended pursuant to a court order.
(2) In a case where there has not been an adjudication
of disability, an extension shall be granted pending the
disposition of a petition brought pursuant to Section 11a-8
so long as the court finds it is in the best interest of
the alleged person with a disability to extend the
temporary guardianship so as to protect the alleged person
with a disability from any potential abuse, neglect,
self-neglect, exploitation, or other harm and such

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extension lasts no more than 120 days from the date the
temporary guardian was originally appointed.
The ward shall have the right any time after the
appointment of a temporary guardian is made to petition the
court to revoke the appointment of the temporary guardian.
(Source: P.A. 99-70, eff. 1-1-16; 99-143, eff. 7-27-15; 99-642,
eff. 7-28-16.)
Section 99. Effective date. This Act takes effect upon
becoming law.