Public Act 104-0237
 
HB2562 EnrolledLRB104 08064 JRC 18110 b

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