SB 1518

Abstract

Amends the Probate Act of 1975. Provides that, in a case regarding temporary guardianship, if no limited or plenary guardian has been appointed in a case regarding temporary guardianship, the court may grant an extension up to an additional 60 days or until a limited or plenary guardian has been appointed. Provides that the court may appoint separate individuals or entities or co-guardians to act as the guardian of the person and the guardian of the estate of a person with a disability under certain circumstances. Provides that a guardian is entitled to reasonable and appropriate fees, if certain conditions are met. Provides that fees awarded to a guardian shall be considered as a first-class claim for administrative expenses and paid from the guardianship estate from the decedent's estate. Adds procedures regarding the succession of a new Public Guardian. Makes formatting changes in Sections concerning: definitions; statutory forms; short-term guardians; preliminary hearings; domestic violence orders of protection; sterilization of the ward; and notice of rights of the ward. Changes references to "best interest" to "best interests". Amends the Illinois Power of Attorney Act. Provides that if an agent seeks guardianship of the principal, the petition for guardianship must delineate the specific powers to be granted to the guardian that are not already included in the power of attorney. House Floor Amendment No. 1 Deletes language providing that in a case where there has been an adjudication of disability but choice of guardian remains at issue and the court has never appointed a limited or plenary guardian for the person with a disability, the court may grant an extension up to an additional 60 days or until a limited or plenary guardian is appointed. Deletes language providing that: if the respondent is unable to pay the fee of the guardian ad litem or appointed counsel, the court may enter an order for the petitioner to pay all such fees or such amounts as the respondent may be unable to pay; and in cases where the Office of the State Guardian, the public guardian, an adult protective services agency, or the Department of Children and Family Services is the petitioner, no guardian ad litem or legal fees shall be assessed against such petitioners. Provides instead that: the court may allocate guardian ad litem fees and costs; and no legal fees, appointed counsel fees, guardian ad litem fees, or costs shall be assessed against the Office of the State Guardian, the public guardian, adult protective services, the Department of Children and Family Services, or the agency designated by the Governor under the Protection and Advocacy for Persons with Developmental Disabilities Act.