PROBATE-GUARDIAN-DECISIONS
Summary
Amends the Guardians For Adults With Disabilities Article of the Probate Act of 1975. Provides that a guardian shall consider the ward's current preferences to the extent the ward has the ability to participate in decision making when those preferences are known or reasonably ascertainable by the guardian. Provides that decisions by the guardian shall conform to the ward's current preferences unless the guardian reasonably believes that doing so would result in substantial harm to the ward's welfare or personal or financial interests. Provides that if the guardian is unable to ascertain the ward's preferences, then the decisions may be made by conforming as closely as possible to what the ward would have done or intended under the circumstances. Makes conforming changes. Effective immediately. Senate Committee Amendment No. 1 Replaces everything after the enacting clause with the provisions of the engrossed bill, and makes the following changes: Deletes language providing that if the guardian is unable to ascertain the ward's preferences, then the decisions may be made by conforming as closely as possible to what the ward would have done or intended under the circumstances. Provides instead that decisions by the guardian shall conform to the ward's current preferences so long as such decisions give substantial weight to what the ward would have done or intended under the circumstances. Effective immediately.
Bill status
signed
all 5 stages cleared
Introduction
Apr 2021
Committee Review
May 2021
House Passage
May 2021
Senate Passage
May 2021
Signed into Law
Aug 2021
Introduced Apr 19, 2021
Signed Aug 6, 2021
Floor votes · Senate May 29, 2021 · House Apr 16, 2021
How they voted
46–0
Passed
Total votes 46
May 29, 2021
D
Democratic29
100% Yea
R
Republican17
100% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
55
Key actions
11
Committee
12
Amendments
3
Aug 6, 2021
Signed into law
Governor Approved
lower
May 31, 2021
Lower · Passed
Passed Both Houses
lower
May 31, 2021
Lower · Passed
Senate Committee Amendment No. 1 House Concurs 118-000-000
lower
May 30, 2021
Lower · Passed
Senate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Rules Committee; 004-000-000
lower
May 30, 2021
Committee
Senate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
lower
May 30, 2021
Lower · Passed
Senate Committee Amendment No. 1 Motion Filed Concur Rep. Thomas M. Bennett
lower
May 29, 2021
Introduced
Placed on Calendar Order of Concurrence Senate Amendment(s) 1
lower
May 29, 2021
Introduced
Arrived in House
lower
May 29, 2021
Upper · Passed
Third Reading - Passed; 059-000-000
upper
May 19, 2021
Upper · Passed
Do Pass as Amended Judiciary; 007-000-000
upper
May 18, 2021
Upper · Passed
Senate Committee Amendment No. 1 Adopted
upper
May 11, 2021
Upper · Passed
Senate Committee Amendment No. 1 Assignments Refers to Judiciary
upper
May 6, 2021
Committee
Senate Committee Amendment No. 1 Referred to Assignments
upper
May 6, 2021
Introduced
Senate Committee Amendment No. 1 Filed with Secretary by Sen. Jason A. Barickman
upper
Apr 28, 2021
Committee
Assigned to Judiciary
upper
Apr 19, 2021
Committee
Referred to Assignments
upper
Apr 19, 2021
Introduced
Arrive in Senate
upper
Apr 16, 2021
Lower · Passed
Third Reading - Consent Calendar - Passed 108-000-000
lower
Mar 2, 2021
Lower · Passed
Do Pass / Consent Calendar Judiciary - Civil Committee; 016-000-000
lower
Feb 23, 2021
Committee
Assigned to Judiciary - Civil Committee
lower
Jan 29, 2021
Committee
Referred to Rules Committee
lower
2 primary · 17 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Jason A. Barickman
RRepublican
P
Tom Bennett
RRepublican
Co
Amy Elik
RRepublican
Co
Ann Williams
DDemocratic
Co
Chris Bos
RRepublican
Co
Dan Didech
DDemocratic
Co
Dan Ugaste
RRepublican
Co
David A. Welter
RRepublican
Co
Deanne M. Mazzochi
RRepublican
Co
Jay Hoffman
DDemocratic
Co
Jonathan Carroll
DDemocratic
Co
Mark Batinick
RRepublican
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