Illinois HB 1714: PROBATE-GUARDIANS

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104TH GENERAL ASSEMBLY 
State of Illinois 
2025 and 2026
HB1714

Introduced 1/28/2025, by Rep. Terra Costa Howard 

SYNOPSIS AS INTRODUCED:

755 ILCS 5/11a-5 from Ch. 110 1/2, par. 11a-5

 Amends the Guardians for Adults with Disabilities Article of the Probate Act of 1975. Provides that a person is qualified to act as guardian of a person with a disability and as guardian of the estate of a person with a disability if, among other requirements, the court finds that the proposed guardian is capable of providing an active and suitable program of guardianship for the person with a disability and that the proposed guardian has not been found to be an unfit person, unless the court finds the appointment of the person to have previously been found unfit to be in the best interests of the person with a disability, and as part of the best interests determination, the court has considered the nature of the determination of unfitness, the date of the determination, and the evidence of the proposed guardian's determination. Effective immediately.

LRB104 02917 LNS 12933 b

A BILL FOR

HB1714LRB104 02917 LNS 12933 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 Probate Act of 1975 is amended by changing 

5Section 11a-5 as follows:

6 (755 ILCS 5/11a-5) (from Ch. 110 1/2, par. 11a-5)

7 Sec. 11a-5. Who may act as guardian. 

8 (a) A person is qualified to act as guardian of the person 

9and as guardian of the estate of a person with a disability if 

10the court finds that the proposed guardian is capable of 

11providing an active and suitable program of guardianship for 

12the person with a disability and that the proposed guardian:

13 (1)