Bill Text: IL SB2645 | 2023-2024 | 103rd General Assembly | Introduced


Bill Title: Amends the Guardianship and Advocacy Act and the Probate Act of 1975. Provides that the changes made by Public Act 103-64 shall begin July 1, 2024. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-03-15 - Senate Committee Amendment No. 1 Rule 3-9(a) / Re-referred to Assignments [SB2645 Detail]

Download: Illinois-2023-SB2645-Introduced.html

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2645

Introduced 1/10/2024, by Sen. Mary Edly-Allen

SYNOPSIS AS INTRODUCED:
20 ILCS 3955/33.5
755 ILCS 5/13-1.2

Amends the Guardianship and Advocacy Act and the Probate Act of 1975. Provides that the changes made by Public Act 103-64 shall begin July 1, 2024. Effective immediately.
LRB103 35150 LNS 65116 b

A BILL FOR

SB2645LRB103 35150 LNS 65116 b
1 AN ACT concerning civil law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Guardianship and Advocacy Act is amended by
5changing Section 33.5 as follows:
6 (20 ILCS 3955/33.5)
7 (Text of Section before amendment by P.A. 103-64)
8 Sec. 33.5. Guardianship training program. The State
9Guardian shall provide a training program that outlines the
10duties and responsibilities of guardians appointed under
11Article XIa of the Probate Act of 1975. The training program
12shall be offered to courts at no cost, and shall outline the
13responsibilities of a guardian and the rights of a person with
14a disability in a guardianship proceeding under Article XIa of
15the Probate Act of 1975. In developing the training program
16content, the State Guardian shall consult with the courts,
17State and national guardianship organizations, public
18guardians, advocacy organizations, and persons and family
19members with direct experience with adult guardianship. In the
20preparation and dissemination of training materials, the State
21Guardian shall give due consideration to making the training
22materials accessible to persons with disabilities.
23(Source: P.A. 100-483, eff. 9-8-18.)

SB2645- 2 -LRB103 35150 LNS 65116 b
1 (Text of Section after amendment by P.A. 103-64)
2 Sec. 33.5. Guardianship training program. The State
3Guardian shall provide a training program that outlines the
4duties and responsibilities of guardians appointed under
5Article XIa of the Probate Act of 1975. The training program
6shall be offered to courts at no cost, and shall outline the
7responsibilities of a guardian and the rights of a person with
8a disability in a guardianship proceeding under Article XIa of
9the Probate Act of 1975. Beginning July 1, 2024, the The
10training program shall also include content regarding
11Alzheimer's disease and dementia, including, but not limited
12to, the following topics: effective communication strategies;
13best practices for interacting with people living with
14Alzheimer's disease or related forms of dementia; and
15strategies for supporting people living with Alzheimer's
16disease or related forms of dementia in exercising their
17rights. In developing the training program content, the State
18Guardian shall consult with the courts, State and national
19guardianship organizations, public guardians, advocacy
20organizations, and persons and family members with direct
21experience with adult guardianship. In the preparation and
22dissemination of training materials, the State Guardian shall
23give due consideration to making the training materials
24accessible to persons with disabilities.
25(Source: P.A. 103-64, eff. 1-1-24.)

SB2645- 3 -LRB103 35150 LNS 65116 b
1 Section 10. The Probate Act of 1975 is amended by changing
2Section 13-1.2 as follows:
3 (755 ILCS 5/13-1.2)
4 (Text of Section before amendment by P.A. 103-64)
5 Sec. 13-1.2. Certification requirement. Each person
6appointed as a public guardian by the Governor shall be
7certified as a National Certified Guardian by the Center for
8Guardianship Certification within 6 months after his or her
9appointment. The Guardianship and Advocacy Commission shall
10provide public guardians with information about certification
11requirements and procedures for testing and certification
12offered by the Center for Guardianship Certification. The cost
13of certification shall be considered an expense connected with
14the operation of the public guardian's office within the
15meaning of subsection (b) of Section 13-3.1 of this Article.
16(Source: P.A. 100-483, eff. 9-8-18.)
17 (Text of Section after amendment by P.A. 103-64)
18 Sec. 13-1.2. Certification requirement. Each person
19appointed as a public guardian by the Governor shall be
20certified as a National Certified Guardian by the Center for
21Guardianship Certification within 6 months after his or her
22appointment. The Guardianship and Advocacy Commission shall
23provide public guardians with information about certification

SB2645- 4 -LRB103 35150 LNS 65116 b
1requirements and procedures for testing and certification
2offered by the Center for Guardianship Certification. The cost
3of certification shall be considered an expense connected with
4the operation of the public guardian's office within the
5meaning of subsection (b) of Section 13-3.1 of this Article.
6 Beginning July 1, 2024, a A public guardian shall
7additionally complete a one-hour course regarding Alzheimer's
8disease and dementia within 6 months of appointment and
9annually thereafter. The training program shall include, but
10not be limited to, the following topics: effective
11communication strategies; best practices for interacting with
12people with Alzheimer's disease and related forms of dementia;
13and strategies for supporting people living with Alzheimer's
14disease or related forms of dementia in exercising their
15rights.
16(Source: P.A. 103-64, eff. 1-1-24.)
17 Section 95. No acceleration or delay. Where this Act makes
18changes in a statute that is represented in this Act by text
19that is not yet or no longer in effect (for example, a Section
20represented by multiple versions), the use of that text does
21not accelerate or delay the taking effect of (i) the changes
22made by this Act or (ii) provisions derived from any other
23Public Act.
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