SB 80 Illinois Senate · 102nd Regular Session

PROBATE ACT-ADULT GUARDIANSHIP

Summary
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.
Bill status signed all 5 stages cleared
Introduction
Apr 2021
Committee Review
May 2021
Senate Passage
May 2021
House Passage
May 2021
Signed into Law
Jul 2021
Introduced Apr 26, 2021 Signed Jul 9, 2021
Floor votes · Senate Apr 23, 2021 · House May 20, 2021

How they voted

500
Passed · 1 other
Total votes 51
Apr 23, 2021
D Democratic34
34 Yea
100% Yea
R Republican17
16 Yea 1
94% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
35
Key actions
7
Committee
7
Amendments
4
Jul 9, 2021
Signed into law
Governor Approved
upper
May 20, 2021
Upper · Passed
Passed Both Houses
upper
May 20, 2021
Lower · Passed
Third Reading - Short Debate - Passed 103-012-000
lower
May 12, 2021
Lower · Passed
Do Pass / Short Debate Judiciary - Civil Committee; 013-002-000
lower
May 4, 2021
Committee
Assigned to Judiciary - Civil Committee
lower
Apr 27, 2021
Committee
Referred to Rules Committee
lower
Apr 26, 2021
Introduced
Arrived in House
lower
Apr 23, 2021
Upper · Passed
Third Reading - Passed; 058-000-000
upper
Apr 21, 2021
Upper · Passed
Senate Floor Amendment No. 1 Adopted; Tracy
upper
Apr 20, 2021
Introduced
Senate Floor Amendment No. 1 Recommend Do Adopt Judiciary; 009-000-000
upper
Apr 7, 2021
Introduced
Senate Floor Amendment No. 1 Assignments Refers to Judiciary
upper
Mar 30, 2021
Committee
Senate Floor Amendment No. 1 Referred to Assignments
upper
Mar 30, 2021
Introduced
Senate Floor Amendment No. 1 Filed with Secretary by Sen. Jil Tracy
upper
Mar 9, 2021
Upper · Passed
Do Pass Judiciary; 007-000-000
upper
Feb 9, 2021
Committee
Assigned to Judiciary
upper
Feb 3, 2021
Committee
Referred to Assignments
upper
2 primary · 4 co-sponsors

Sponsors