SB 80

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. Senate Floor Amendment No. 1 Provides that a petitioner who seeks to revoke or construe a power of attorney for the alleged person with a disability, or review the agent's conduct, shall do so in conformity with the Illinois Power of Attorney Act, and as set forth in specified provisions of the Probate Act of 1975. Provides that the right to ask for the appointment of a limited guardian be stated in the summons that is served to the respondent. Provides that one person or agency may be appointed a limited or plenary guardian of the person and another person or corporate trustee appointed as a limited or plenary guardian of the estate. Provides that, upon the death of the ward, fees and costs awarded shall be considered as a first-class claim for administrative expenses and may be paid from the guardianship estate or from the decedent's estate. Includes additional final fees and costs relating to guardianship, as determined by the court, as first-class claims against a decedent's estate.