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HB2562 Enrolled LRB104 08064 JRC 18110 b
1 AN ACT concerning civil law.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Guardianship and Advocacy Act is amended by
5 changing Section 33.5 as follows:
6 (20 ILCS 3955/33.5)
7 Sec. 33.5. Guardianship training program. The State
8 Guardian shall provide a training program that outlines the
9 duties and responsibilities of guardians appointed under
10 Article XIa of the Probate Act of 1975. The training program
11 shall be offered to courts at no cost, and shall outline the
12 responsibilities of a guardian and the rights of a person
13 under with a disability in a guardianship proceeding under
14 Article XIa of the Probate Act of 1975. The training program
15 shall have 2 components: one for guardians of the person and
16 another for guardians of the estate. The State Guardian shall
17 determine the content of the training. The component for
18 guardians of the person shall also include content regarding
19 Alzheimer's disease and dementia, including, but not limited
20 to, the following topics: effective communication strategies;
21 best practices for interacting with people living with
22 Alzheimer's disease or related forms of dementia; and
23 strategies for supporting people living with Alzheimer's
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1 disease or related forms of dementia in exercising their
2 rights. In developing the training program content, the State
3 Guardian shall consult with the courts, State and national
4 guardianship organizations, public guardians, advocacy
5 organizations, and persons and family members with direct
6 experience with adult guardianship. In the preparation and
7 dissemination of training materials, the State Guardian shall
8 give due consideration to making the training materials
9 accessible to persons with disabilities.
10 (Source: P.A. 103-64, eff. 1-1-24.)
11 Section 10. The Probate Act of 1975 is amended by changing
12 Section 11a-12 as follows:
13 (755 ILCS 5/11a-12) (from Ch. 110 1/2, par. 11a-12)
14 Sec. 11a-12. Order of appointment.
15 (a) If basis for the appointment of a guardian as
16 specified in Section 11a-3 is not found, the court shall
17 dismiss the petition.
18 (b) If the respondent is adjudged to be a person with a
19 disability and to lack some but not all of the capacity as
20 specified in Section 11a-3, and if the court finds that
21 guardianship is necessary for the protection of the person
22 with a disability, his or her estate, or both, the court shall
23 appoint a limited guardian for the respondent's person or
24 estate or both. The court shall enter a written order stating
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1 the factual basis for its findings and specifying the duties
2 and powers of the guardian and the legal disabilities to which
3 the respondent is subject.
4 (c) If the respondent is adjudged to be a person with a
5 disability and to be totally without capacity as specified in
6 Section 11a-3, and if the court finds that limited
7 guardianship will not provide sufficient protection for the
8 person with a disability, his or her estate, or both, the court
9 shall appoint a plenary guardian for the respondent's person
10 or estate or both. The court shall enter a written order
11 stating the factual basis for its findings.
12 (d) The selection of the guardian shall be in the
13 discretion of the court, which shall give due consideration to
14 the preference of the person with a disability as to a
15 guardian, as well as the qualifications of the proposed
16 guardian, in making its appointment. However, the paramount
17 concern in the selection of the guardian is the best interests
18 and well-being of the person with a disability.
19 One person or agency may be appointed a limited or plenary
20 guardian of the person and another person or corporate trustee
21 appointed as a limited or plenary guardian of the estate. If
22 different persons are appointed, the court shall consider the
23 factors set forth in subsection (b-5) of Section 11a-5. The
24 court shall enter a written order stating the factual basis
25 for its findings.
26 (e) The order of appointment of a guardian of the person
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1 shall include the requirement that the guardian of the person
2 complete the training program as provided in Section 33.5 of
3 the Guardianship and Advocacy Act that outlines the
4 responsibilities of the guardian of the person and the rights
5 of the person under guardianship and file with the court a
6 certificate of completion within one year from the date of
7 issuance of the letters of guardianship, except that: (1) the
8 chief judge of any circuit may order implementation of another
9 training program by a suitable provider containing
10 substantially similar content; (2) employees of the Office of
11 the State Guardian, public guardians, attorneys currently
12 authorized to practice law, corporate fiduciaries, and persons
13 certified by the Center for Guardianship Certification are
14 exempt from this training requirement; and (3) the court may,
15 for good cause shown, exempt from this requirement an
16 individual not otherwise listed in item (2). For the purposes
17 of this subsection (e), good cause may be proven by affidavit.
18 If the court finds good cause to exempt an individual from the
19 training requirement, the order of appointment shall so state.
20 (Source: P.A. 102-72, eff. 1-1-22; 102-770, eff. 1-1-23.)Every fact on this page links to its source, starting with the official bill record.