ILCS » Chapter 755 · Act 5

755 ILCS 5/11a-5

Who may act as guardian

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(755 ILCS 5/11a-5) (from Ch. 110 1/2, par. 11a-5)
    Sec. 11a-5. Who may act as guardian.
    (a) A person is qualified to act as guardian of the person and as guardian of the estate of a person with a disability if the court finds that the proposed guardian is capable of providing an active and suitable program of guardianship for the person with a disability and that the proposed guardian:
        (1) has attained the age of 18 years;
        (2) is a resident of the United States;
        (3) is not of unsound mind;
        (4) is not an adjudged person with a disability as
    
defined in this Act; and
        (5) has not been convicted of a felony, unless the
    
court finds appointment of the person convicted of a felony to be in the best interests of the person with a disability, and as part of the best interests determination, the court has considered the nature of the offense, the date of offense, and the evidence of the proposed guardian's rehabilitation. No person shall be appointed who has been convicted of a felony involving harm or threat to a minor or an elderly person or a person with a disability, including a felony sexual offense.
    (b) Any public agency, or not-for-profit corporation found capable by the court of providing an active and suitable program of guardianship for the person with a disability, taking into consideration the nature of such person's disability and the nature of such organization's services, may be appointed guardian of the person or of the estate, or both, of the person with a disability. The court shall not appoint as guardian an agency or employee of an agency that is directly providing residential services to the ward. One person or agency may be appointed guardian of the person and another person or agency appointed guardian of the estate.
    (b-5)(1) The court may appoint separate individuals or entities to act as the guardian of the person and the guardian of the estate of a person with a disability if the court finds it is in the best interests of the person with a disability that separate guardians be appointed. The court shall not appoint a separate person or entity to act as guardian of the person or guardian of the estate with a public guardian or the Office of State Guardian unless the public guardian or the Office of State Guardian agrees to such an appointment.
    (2) The court may appoint co-guardians to act as guardian of the person, guardian of the estate, or both the guardian of the person and the guardian of the estate if the court finds it is in the best interests of the person with a disability. When considering appointing co-guardians, the court shall consider the proposed co-guardians' history of cooperating and working together on behalf of the person with a disability. The court shall appoint only co-guardians who agree to serve together. The court shall not appoint a public guardian or the Office of State Guardian as a co-guardian for a person with a disability.
    (c) Any corporation qualified to accept and execute trusts in this State may be appointed guardian or limited guardian of the estate of a person with a disability.
(Source: P.A. 102-72, eff. 1-1-22.)

    
Notes of Decisions
Cited in 10 cases (2 in the last 5 years), 1997–2024 · leading case: In Re Estate of Doyle
Sort: Relevance Newest Treatment
In Re Estate of Doyle (2005) illappct “However, section 11a-5 of the Probate Act (755 ILCS 5/11a-5 (West 2004)) does not list Illinois residency as a requirement to act as a guardian.”
In re Estate of Kusmanoff (2017) illappct · cites it 3× “We vacate the remainder of the circuit court’s order and remand to the circuit court for the limited purpose of holding an evidentiary hearing in which the circuit court appoints a corporation pursuant to section 11a-5(c) of the Probate Act (755 ILCS 5/11a-5(c) (West 2014)) as…”
In re Estate of Kusmanoff (2017) illappct · cites it 3× “We vacate the remainder of the circuit court’s order and remand to the circuit court for the limited purpose of holding an evidentiary hearing in which the circuit court appoints a corporation pursuant to section 11a-5(c) of the Probate Act (755 ILCS 5/11a-5(c) (West 2014)) as…”
In re Estate of McHenry (2016) illappct “To be qualified to serve, the proposed guardian must: (1) be capable of providing an active and suitable program of guardianship for the disabled person; (2) be at least 18 years old; (3) be a resident of the United States; (4) be of sound mind; and (5) generally not be…”
In re Estate of McHenry (2016) illappct “7 755 ILCS 5/11a-5(a) (West 2012); Johnson, 303 Ill.”
In re Estate of Anderson (2024) illappct · cites it 2× “To that end, the court may have believed section 11a-5(b-5)(1) of the Probate Act of 1975 (755 ILCS 5/11a-5(b-5)(1) (West 2022)) applied.”
Anthony Desilva, Albert Desilva, Anthony J. Lobue, and Thomas Kulekowskis v. Joseph G. Dileonardi, United States Marshal (1997) ca7 “755 ILCS 5/11a-5(a). Like Tammy, Ernest Wright is a citizen of Canada.”
In re Estate of Hill (2022) illappct “755 ILCS 5/11a-5 (West 2020). “[T]he paramount concern in the selection of the guardian is the best interest and well-being of the person with a disability.”
In re Estate of Branick (2020) illappct “See 755 ILCS 5/11a-5(a)(1)-(a)(5) (West 2018).”
In re Estate of Doyle (2005) illappct “However, section 11a-5 of the Probate Act (755 ILCS 5/11a-5 (West 2004)) does not list Illinois residency as a requirement to act as a guardian.”
— 755 ILCS 5/11a-5(a) — 3 cases
In re Estate of McHenry (2016) illappct “To be qualified to serve, the proposed guardian must: (1) be capable of providing an active and suitable program of guardianship for the disabled person; (2) be at least 18 years old; (3) be a resident of the United States; (4) be of sound mind; and (5) generally not be…”
In re Estate of McHenry (2016) illappct “7 755 ILCS 5/11a-5(a) (West 2012); Johnson, 303 Ill.”
Anthony Desilva, Albert Desilva, Anthony J. Lobue, and Thomas Kulekowskis v. Joseph G. Dileonardi, United States Marshal (1997) ca7 “755 ILCS 5/11a-5(a). Like Tammy, Ernest Wright is a citizen of Canada.”
— 755 ILCS 5/11a-5(a)(1) — 1 case
In re Estate of Branick (2020) illappct “See 755 ILCS 5/11a-5(a)(1)-(a)(5) (West 2018).”
— 755 ILCS 5/11a-5(c) — 2 cases
In re Estate of Kusmanoff (2017) illappct “We vacate the remainder of the circuit court’s order and remand to the circuit court for the limited purpose of holding an evidentiary hearing in which the circuit court appoints a corporation pursuant to section 11a-5(c) of the Probate Act (755 ILCS 5/11a-5(c) (West 2014)) as…”
In re Estate of Kusmanoff (2017) illappct “We vacate the remainder of the circuit court’s order and remand to the circuit court for the limited purpose of holding an evidentiary hearing in which the circuit court appoints a corporation pursuant to section 11a-5(c) of the Probate Act (755 ILCS 5/11a-5(c) (West 2014)) as…”
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