Illinois HB 3811: PRIVATE PROFESSIONAL GUARDIANS

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 Full Text of HB3811

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HB3811 EnrolledLRB104 10924 BAB 21006 b

1 AN ACT concerning regulation.

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 

5Sections 11a-5, 11a-15, and 23-2 and by adding Section 11a-26 

6as follows:

7 (755 ILCS 5/11a-5) (from Ch. 110 1/2, par. 11a-5)

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

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

10and as guardian of the estate of a person with a disability if 

11the court finds that the proposed guardian is capable of 

12providing an active and suitable program of guardianship for 

13the person with a disability and that the proposed guardian:

14 (1) has attained the age of 18 years;

15 (2) is a resident of the United States;

16 (3) is not of unsound mind;

17 (4) is not an adjudged person with a disability as 

18 defined in this Act; and

19 (5) has not been convicted of a felony, unless the 

20 court finds appointment of the person convicted of a 

21 felony to be in the best interests of the person with a 

22 disability, and as part of the best interests 

23 determination, the court has considered the nature of the 

HB3811 Enrolled- 2 -LRB104 10924 BAB 21006 b

1 offense, the date of offense, and the evidence of the 

2 proposed guardian's rehabilitation. No person shall be 

3 appointed who has been convicted of a felony involving 

4 harm or threat to a minor or an elderly person or a person 

5 with a disability, including a felony sexua