GUARDIAN-ADULT W/ DISABILITIES

Illinois General Assembly - Full Text of HB1198

Select Language

×

The Illinois General Assembly offers the Google Translate™ service for visitor convenience. In no way should it be considered accurate as to the translation of any content herein.

Visitors of the Illinois General Assembly website are encouraged to use other translation services available on the internet.

The English language version is always the official and authoritative version of this website.

NOTE: To return to the original English language version, select the "Show Original" button on the Google Translate™ menu bar at the top of the window.

Choose Language

English

Afrikaans

Albanian

Arabic

Armenian

Azerbaijani

Basque

Bengali

Bosnian

Catalan

Croatian

Czech

Danish

Dutch

Esperanto

Estonian

Filipino

Finnish

French

Galician

Georgian

German

Greek

Gujarati

Haitian Creole

Hausa

Hawaiian

Hebrew

Hindi

Hungarian

Icelandic

Indonesian

Interlingua

Interlingue

Inuktitut

Irish

Italian

Japanese

Javanese

Kannada

Khmer

Korean

Latin

Latvian

Lithuanian

Luxembourgish

Macedonian

Malagasy

Malayalam

Maltese

Maori

Marathi

Myanmar

Nepali

Norwegian

Odia

Pashto

Punjabi

Romanian

Russian

Samoan

Sango

Sanskrit

Sardinian

Sindhi

Sinhala

Slovak

Slovenian

Somali

Southern Sotho

Spanish

Sundanese

Swahili

Swedish

Tamil

Telugu

Thai

Tigrinya

Tonga

Turkish

Ukrainian

Urdu

Vietnamese

Welsh

Xhosa

Yiddish

Yoruba

Zulu

Powered by
Translate

Close

Illinois General Assembly

Top Navigation Bar

Translate

Learn

Select General Assembly

Search the 104th General Assembly

Enter search terms for legislation, members, committees, or schedules.

ILGA.GOV

LEGISLATION & LAWS

Bills & Resolutions

Public Acts

Illinois Compiled Statutes

Illinois Constitution

Search Legislation

Glossary

Guide

Reports & Inquiry

Legislative Reports

Special Reports

FTP Site

Legislator Lookup

Capitol Complex Phone Numbers

Rules & Regulations

Illinois Register

Administrative Rules

Senate

Members

Schedules

Committees

Request for Remote Testimony

Journals

Transcripts

Rules

Audio/Video

FOIA Information

Senate Employment Opportunities

Media Guidelines

House

Members

Schedules

Committees

Submit testimony for House Committees

Journals

Transcripts

Rules

Audio/Video

FOIA Information

House Employment Opportunities

Log In

Mobile Top Bar

Search the 104th General Assembly

Enter keywords to search the Illinois General Assembly website.

Full Text of HB1198

Home

Legislation

Full Text

HB1198 - 104th General Assembly

Bill Status

Full Text

Votes

Witness Slips

Select Menu

Bill Status

Full Text

Votes

Witness Slips

Printer Friendly Version

Introduced

Printer Friendly Version

Introduced

Open PDF

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB1198

Introduced 1/9/2025, by Rep. Terra Costa Howard

SYNOPSIS AS INTRODUCED:

755 ILCS 5/11a-3

from Ch. 110 1/2, par. 11a-3
755 ILCS 5/11a-4

Amends the Probate Act of 1975. Provides that if guardianship is
necessary under law and the petition for guardianship is filed by a person,
corporation, nonprofit organization, or other entity with no legally
recognized relationship to the alleged person with a disability, the court
shall appoint the State Guardian or county public guardian as the
temporary and permanent guardian of the person or estate or both except in
counties in which there is no sitting county public guardian.
LRB104 05136 JRC 15165 b

A BILL FOR

HB1198
LRB104 05136 JRC 15165 b
1

AN ACT concerning civil law.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Probate Act of 1975 is amended by changing
5
Sections 11a-3 and 11a-4 as follows:

6

(755 ILCS 5/11a-3)

(from Ch. 110 1/2, par. 11a-3)
7

Sec. 11a-3.
Adjudication of disability; Power to appoint
8
guardian.
9

(a) Upon the filing of a petition by a reputable person or
10
by the alleged person with a disability himself or on its own
11
motion, the court may adjudge a person to be a person with a
12
disability, but only if it has been demonstrated by clear and
13
convincing evidence that the person is a person with a
14
disability as defined in Section 11a-2. If the court adjudges
15
a person to be a person with a disability, the court may
16
appoint (1) a guardian of his person, if it has been
17
demonstrated by clear and convincing evidence that because of
18
his disability he lacks sufficient understanding or capacity
19
to make or communicate responsible decisions concerning the
20
care of his person, or (2) a guardian of his estate, if it has
21
been demonstrated by clear and convincing evidence that
22
because of his disability he is unable to manage his estate or
23
financial affairs, or (3) a guardian of his person and of his

HB1198
- 2 -
LRB104 05136 JRC 15165 b
1
estate
, or (4)

. The court may appoint
co-guardians in
2
accordance with Section 11a-15
. If a petition for guardianship
3
is filed by a corporation, nonprofit organization, or other
4
entity with no legally recognized relationship to the person
5
alleged to have a disability, the court shall appoint the
6
State Guardian or county public guardian as the guardian of
7
the person or estate or both if the requirements of this
8
Section are met except in cases in counties in which there is
9
no sitting public guardian
.
10

(b) Guardianship shall be utilized only as is necessary to
11
promote the well-being of the person with a disability, to
12
protect him from neglect, exploitation, or abuse, and to
13
encourage development of his maximum self-reliance and
14
independence. Guardianship shall be ordered only to the extent
15
necessitated by the individual's actual mental, physical and
16
adaptive limitations. The order shall conform with Sections
17
11a-12 and 11a-14.
18
(Source: P.A. 102-72, eff. 1-1-22
.)

19

(755 ILCS 5/11a-4)
20

Sec. 11a-4.
Temporary guardian.
21

(a) Prior to the appointment of a guardian under this
22
Article, pending an appeal in relation to the appointment, or
23
pending the completion of a citation proceeding brought
24
pursuant to Section 23-3 of this Act, or upon a guardian's
25
death, incapacity, or resignation, the court may appoint a

HB1198
- 3 -
LRB104 05136 JRC 15165 b
1
temporary guardian upon a showing of the necessity therefor
2
for the immediate welfare and protection of the alleged person
3
with a disability or his or her estate and subject to such
4
conditions as the court may prescribe.
In cases in which a
5
petition for guardianship of a person alleged to have a
6
disability is filed by a corporation, nonprofit, or other
7
entity with no legally recognized relationship to that person,
8
the court shall appoint the State Guardian or county public
9
guardian as temporary guardian of that person or estate or
10
both under this Section if the requirements of this Section
11
are met except in cases in counties in which there is no
12
sitting public guardian.
A petition for the appointment of a
13
temporary guardian for an alleged person with a disability
14
shall be filed at the time of or subsequent to the filing of a
15
petition for adjudication of disability and appointment of a
16
guardian. The petition for the appointment of a temporary
17
guardian shall state the facts upon which it is based and the
18
name, the post office address, and, in the case of an
19
individual, the age and occupation of the proposed temporary
20
guardian. In determining the necessity for temporary
21
guardianship, the immediate welfare and protection of the
22
alleged person with a disability and his or her estate shall be
23
of paramount concern, and the interests of the petitioner, any
24
care provider, or any other party shall not outweigh the
25
interests of the alleged person with a disability. The
26
temporary guardian shall have the limited powers and duties of

HB1198
- 4 -
LRB104 05136 JRC 15165 b
1
a guardian of the person or of the estate which are
2
specifically enumerated by court order. The court order shall
3
state the actual harm identified by the court that
4
necessitates temporary guardianship or any extension thereof.
5

(a-5) Notice of the time and place of the hearing on a
6
petition for the appointment of a temporary guardian shall be
7
given, not less than 3 days before the hearing, by mail or in
8
person to the alleged person with a disability, to the
9
proposed temporary guardian, and to those persons whose names
10
and addresses are listed in the petition for adjudication of
11
disability and appointment of a guardian under Section 11a-8.
12
The court, upon a finding of good cause, may waive the notice
13
requirement under this subsection.
14

(a-10) Notice of the time and place of the hearing on a
15
petition to revoke the appointment of a temporary guardian
16
shall be given, not less than 3 days before the hearing, by
17
mail or in person to the temporary guardian, to the petitioner
18
on whose petition the temporary guardian was appointed, and to
19
those persons whose names and addresses are listed in the
20
petition for adjudication of disability and appointment of a
21
guardian under Section 11a-8. The court, upon a finding of
22
good cause, may waive the notice requirements under this
23
subsection.
24

(b) The temporary guardianship shall expire within 60 days
25
after the appointment or whenever a guardian is regularly
26
appointed, whichever occurs first. No extension shall be

HB1198
- 5 -
LRB104 05136 JRC 15165 b
1
granted except:
2

(1) In a case where there has been an adjudication of
3

disability, an extension shall be granted:
4

(i) pending the disposition on appeal of an
5

adjudication of disability;
6

(ii) pending the completion of a citation
7

proceeding brought pursuant to Section 23-3;
8

(iii) pending the appointment of a successor
9

guardian in a case where the former guardian has
10

resigned, has become incapacitated, or is deceased; or
11

(iv) where the guardian's powers have been
12

suspended pursuant to a court order.
13

(2) In a case where there has not been an adjudication
14

of disability, an extension shall be granted pending the
15

disposition of a petition brought pursuant to Section
16

11a-8 so long as the court finds it is in the best
17

interests of the alleged person with a disability to
18

extend the temporary guardianship so as to protect the
19

alleged person with a disability from any potential abuse,
20

neglect, self-neglect, exploitation, or other harm and
21

such extension lasts no more than 120 days from the date
22

the temporary guardian was originally appointed.
23

The ward shall have the right any time after the
24
appointment of a temporary guardian is made to petition the
25
court to revoke the appointment of the temporary guardian.
26
(Source: P.A. 102-72, eff. 1-1-22; 102-120, eff 7-23-21;

HB1198
- 6 -
LRB104 05136 JRC 15165 b
1
102-687, eff. 12-17-21.)

Footer

Disclaimer

This site is maintained for the Illinois General Assembly by the
Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706.

Contact ILGA Webmaster

ILGA.gov uses cookies to ensure you get the best experience on our website. By continuing to browse ILGA.gov you consent to our use of cookies.
Read About Cookies

ILGA.GOV

2026 ILGA.gov | All Rights Reserved |
ADA

|
Disclaimers
|
Learn

This site is maintained for the Illinois General Assembly by the
Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706.
Contact ILGA Webmaster

ILGA.gov uses cookies to ensure you get the best experience on our website. By continuing to browse ILGA.gov you consent to our use of cookies.
Read About Cookies

ILGA.GOV

2026 ILGA.gov | All Rights Reserved |
ADA

|
Disclaimers
|
Learn