Illinois 98th Regular Session Status: Enacted

SB 2954 — ADULT GUARDIANSHIP-DISSOLUTION

Last action — Public Act . . . . . . . . . 98-1107

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 04, 2014. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    0 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Probate Act of 1975. Provides that a guardian of an adult disabled ward's person and estate has the authority to commence proceedings, including, but not limited to, adoption, marriage, or dissolution of marriage proceedings, on behalf of the ward if the court finds the proceedings to be in the best interests of the ward.

Bill Text

What changed in the latest version

106 added · 105 removed

Plain-language change summary

The revised bill SB 2954 has made significant changes related to the legal rights of guardians with respect to individuals under their care, known as wards. Specifically, it now allows guardians to seek legal separation or annulment of a marriage on behalf of a ward, as well as to consent to a ward's marriage, provided the court determines these actions are in the ward's best interests. This change is important because it recognizes the agency of wards in personal relationships and ensures that their best interests are prioritized in legal matters concerning marriage.

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SB2954 Engrossed LRB098 17135 HEP 52222 b AN ACT concerning civil law.
SB2954 Enrolled LRB098 17135 HEP 52222 b AN ACT concerning civil law.
If the ward's estate is insufficient to provide SB2954 Engrossed - 2 - LRB098 17135 HEP 52222 b for education and the guardian of the ward's person fails to provide education, the court may award the custody of the ward to some other person for the purpose of providing education.
If the ward's estate is insufficient to provide SB2954 Enrolled - 2 - LRB098 17135 HEP 52222 b for education and the guardian of the ward's person fails to provide education, the court may award the custody of the ward to some other person for the purpose of providing education.
Upon petition by the guardian of the ward's person or estate, the court may authorize and direct a guardian of the ward's person or estate to file a petition for dissolution of marriage under the Illinois Marriage and Dissolution of Marriage Act on behalf of the ward if the court finds by clear and convincing evidence that the dissolution is in the ward's best interests.
Upon petition by the guardian of the ward's person or estate, the court may authorize and direct a guardian of the ward's person or estate to file a petition for dissolution of marriage or to file a petition for legal separation or declaration of invalidity of marriage under the Illinois Marriage and Dissolution of Marriage Act on behalf of the ward if the court finds by clear and convincing evidence that the relief sought is in the ward's best interests.
In making its determination, the court shall consider the SB2954 Enrolled - 3 - LRB098 17135 HEP 52222 b standards set forth in subsection (e) of this Section.
(a-10) Upon petition by the guardian of the ward's person or estate, the court may authorize and direct a guardian of the ward's person or estate to consent, on behalf of the ward, to the ward's marriage pursuant to Part II of the Illinois Marriage and Dissolution of Marriage Act if the court finds by clear and convincing evidence that the marriage is in the ward's best interests.
SB2954 Engrossed - 3 - LRB098 17135 HEP 52222 b (a-10) Upon petition by the guardian of the ward's person or estate, the court may authorize and direct a guardian of the ward's person or estate to consent, on behalf of the ward, to the ward's marriage pursuant to Part II of the Illinois Marriage and Dissolution of Marriage Act if the court finds by clear and convincing evidence that the marriage is in the ward's best interests.
In making its determination, the court shall consider the standards set forth in subsection (e) of this Section.
(4) a resume of the guardian's visits with and activities on behalf of the ward and the ward's minor and adult SB2954 Engrossed - 4 - LRB098 17135 HEP 52222 b dependent children;
(4) a resume of the guardian's visits with and SB2954 Enrolled - 4 - LRB098 17135 HEP 52222 b activities on behalf of the ward and the ward's minor and adult dependent children;
Nothing in this Section shall prevent an agent acting under a power of attorney for health care from exercising his or her authority under the Illinois Power of Attorney Act without further court order, unless a court has acted under Section 2-10 of the Illinois Power of Attorney Act.
Nothing in this Section shall prevent an agent acting under a power of attorney for health care from exercising his or her authority under the Illinois Power of Attorney Act without further court order, unless a court has acted under Section 2-10 of the Illinois Power of SB2954 Enrolled - 5 - LRB098 17135 HEP 52222 b Attorney Act.
If a guardian is also a health care agent for the SB2954 Engrossed - 5 - LRB098 17135 HEP 52222 b ward under a valid power of attorney for health care, the guardian acting as agent may execute his or her authority under that act without further court order.
If a guardian is also a health care agent for the ward under a valid power of attorney for health care, the guardian acting as agent may execute his or her authority under that act without further court order.
In determining the ward's best interests, the guardian shall weigh the reason for and nature of the proposed action, the benefit or necessity of the action, the possible risks and other consequences of the proposed action, and any available alternatives and their risks, consequences and benefits, and shall take into account any other information, including the views of family and friends, that the guardian believes the ward would have considered if able to act for herself or SB2954 Engrossed - 6 - LRB098 17135 HEP 52222 b himself.
In determining the ward's best interests, the guardian shall weigh the reason for and nature of the proposed action, the benefit or necessity of the action, the possible risks and other consequences of the proposed action, and any available alternatives and their risks, consequences and benefits, and shall take into account any other information, including the views of family and friends, that the guardian believes the SB2954 Enrolled - 6 - LRB098 17135 HEP 52222 b ward would have considered if able to act for herself or himself.
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Action History

  1. Public Act . . . . . . . . . 98-1107

  2. Effective Date August 26, 2014

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. House Committee Amendment No. 2 Senate Concurs 057-000-000

  7. House Committee Amendment No. 2 Motion To Concur Recommended Do Adopt Judiciary; 010-000-000

  8. House Committee Amendment No. 2 Motion to Concur Assignments Referred to Judiciary

  9. House Committee Amendment No. 2 Motion to Concur Referred to Assignments

  10. House Committee Amendment No. 2 Motion to Concur Filed with Secretary Sen. Ira I. Silverstein

  11. Placed on Calendar Order of Concurrence House Amendment(s) 2 - May 22, 2014

  12. Secretary's Desk - Concurrence House Amendment(s) 2

  13. Third Reading - Short Debate - Passed 117-000-000

  14. Placed on Calendar Order of 3rd Reading - Short Debate

  15. Second Reading - Short Debate

  16. Placed on Calendar 2nd Reading - Short Debate

  17. House Committee Amendment No. 1 Tabled Pursuant to Rule 40

  18. Do Pass as Amended / Short Debate Judiciary; 015-000-000

  19. House Committee Amendment No. 2 Adopted in Judiciary; by Voice Vote

  20. House Committee Amendment No. 2 Rules Refers to Judiciary

  21. House Committee Amendment No. 1 Rules Refers to Judiciary

  22. House Committee Amendment No. 2 Referred to Rules Committee

  23. House Committee Amendment No. 2 Filed with Clerk by Rep. Emily McAsey

  24. House Committee Amendment No. 1 Referred to Rules Committee

  25. House Committee Amendment No. 1 Filed with Clerk by Rep. Emily McAsey

  26. Assigned to Judiciary

  27. Referred to Rules Committee

  28. First Reading

  29. Chief House Sponsor Rep. Emily McAsey

  30. Arrived in House

  31. Third Reading - Passed; 056-000-000

  32. Placed on Calendar Order of 3rd Reading April 2, 2014

  33. Second Reading

  34. Placed on Calendar Order of 2nd Reading March 27, 2014

  35. Do Pass as Amended Judiciary; 009-000-000

  36. Senate Committee Amendment No. 1 Adopted

  37. Senate Committee Amendment No. 1 Assignments Refers to Judiciary

  38. Senate Committee Amendment No. 1 Referred to Assignments

  39. Senate Committee Amendment No. 1 Filed with Secretary by Sen. Ira I. Silverstein

  40. Postponed - Judiciary

  41. Postponed - Judiciary

  42. Postponed - Judiciary

  43. Assigned to Judiciary

  44. Referred to Assignments

  45. First Reading

  46. Filed with Secretary by Sen. Ira I. Silverstein

Sponsors

  • Ira I. Silverstein · Cosponsor

Sponsorship breakdown

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0 sponsors · 1 co-sponsors · 182 not signed on

Sponsors (0)

None.

Co-sponsors (1)

  • Ira I. Silverstein

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Concurrence

Passed 57 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 42001
Democrat 12001
Republican 3000
Total 57002
% of votes cast 97%0%0%3%
How each member voted (59)
Member Party Vote
Kotowski — Yea
LaHood — Yea
Landek — Yea
Manar — Yea
Althoff — Yea
Martinez — Yea
Barickman — Yea
Bertino-Tarrant — Yea
Biss — Yea
Bivins — Yea
Bush — Yea
Haine — Yea
Muñoz — Yea
Link — Yea
Luechtefeld — Yea
Forby — Yea
Frerichs — Yea
Harris — Yea
Brady — Yea
McCann — Yea
McCarter — Yea
McConnaughay — Yea
McGuire — Yea
Mulroe — Yea
Sullivan — Yea
Jacobs — Yea
Noland — Yea
Cullerton, T. — Yea
Cullerton — Yea
Silverstein — Yea
Steans — Yea
Trotter — Yea
Clayborne — Yea
Connelly — Yea
Dillard — Yea
Duffy — Not Voting
Hutchinson — Yea
Oberweis — Yea
Radogno — Yea
Raoul — Yea
Righter — Yea
Sandoval — Yea
Van Pelt — Yea
Bill Cunningham Democrat Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Julie A. Morrison Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Not Voting
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Yea
Steve Stadelman Democrat Yea
Chapin Rose Republican Yea
Dave Syverson Republican Yea
Sue Rezin Republican Yea

Official roll call →

Third Reading

Passed 117 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democrat 27000
Unaffiliated 82001
Republican 8000
Total 117001
% of votes cast 99%0%0%1%
How each member voted (118)
Member Party Vote
Acevedo — Yea
Anthony — Yea
Arroyo — Yea
Beiser — Yea
Bellock — Yea
Berrios — Yea
Mautino — Yea
Bost — Yea
Brauer — Yea
Brown — Yea
Costello — Yea
McAsey — Yea
Fortner — Yea
Jackson — Yea
Jakobsson — Yea
Jefferson — Yea
Kay — Yea
Kosel — Yea
Lang — Yea
Leitch — Yea
McAuliffe — Yea
Senger — Yea
Sente — Yea
Smiddy — Yea
Bradley — Yea
Drury — Yea
Dunkin — Yea
Durkin — Yea
Flowers — Yea
Madigan — Yea
Brady — Yea
McSweeney — Yea
Moffitt — Yea
Mitchell, Bill — Yea
Burke, Daniel — Yea
Sullivan — Yea
Mitchell, Christian — Yea
Nekritz — Yea
Burke, Kelly — Yea
Phelps — Yea
Soto — Yea
Harris, David — Yea
Stewart — Yea
Harris, Greg — Yea
Tabares — Yea
Thapedi — Yea
Tryon — Yea
Turner — Yea
Unes — Yea
Verschoore — Yea
Willis — Yea
Yingling — Yea
Wheeler — Yea
Zalewski — Yea
Williams — Yea
Davis, Monique — Yea
Jones — Yea
Cavaletto — Yea
Cloonen — Yea
Conroy — Yea
Cross — Yea
Currie — Yea
D'Amico — Yea
Franks — Yea
Golar — Yea
Harms — Yea
Hatcher — Yea
Hays — Yea
Hurley — Yea
Ives — Yea
Hernandez — Not Voting
Demmer — Yea
Osmond — Yea
Pihos — Yea
Poe — Yea
Pritchard — Yea
Reboletti — Yea
Reis — Yea
Riley — Yea
Sandack — Yea
Schmitz — Yea
Sommer — Yea
Chapa LaVia — Yea
Anna Moeller Democrat Yea
Anthony DeLuca Democrat Yea
Camille Y. Lilly Democrat Yea
Elgie R. Sims, Jr. Democrat Yea
Emanuel "Chris" Welch Democrat Yea
Fred Crespo Democrat Yea
Jaime M. Andrade, Jr. Democrat Yea
Jay Hoffman Democrat Yea
Jehan Gordon-Booth Democrat Yea
Julie A. Morrison Democrat Yea
Kelly M. Cassidy Democrat Yea
La Shawn K. Ford Democrat Yea
Laura Fine Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Marcus C. Evans, Jr. Democrat Yea
Martin J. Moylan Democrat Yea
Michelle Mussman Democrat Yea
Natalie A. Manley Democrat Yea
Nicholas K. Smith Democrat Yea
Rita Mayfield Democrat Yea
Robert "Bob" Rita Democrat Yea
Robert F. Martwick Democrat Yea
Robyn Gabel Democrat Yea
Sara Feigenholtz Democrat Yea
Stephanie A. Kifowit Democrat Yea
Sue Scherer Democrat Yea
William "Will" Davis Democrat Yea
Brad Halbrook Republican Yea
Charles Meier Republican Yea
Christopher "C.D." Davidsmeyer Republican Yea
Jil Tracy Republican Yea
Joe C. Sosnowski Republican Yea
John M. Cabello Republican Yea
Norine K. Hammond Republican Yea
Wayne A. Rosenthal Republican Yea

Official roll call →

Third Reading

Passed 56 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 40003
Democrat 13000
Republican 3000
Total 56003
% of votes cast 95%0%0%5%
How each member voted (59)
Member Party Vote
Link — Yea
Manar — Yea
Althoff — Yea
Martinez — Yea
Barickman — Not Voting
Bertino-Tarrant — Yea
Biss — Yea
Bivins — Yea
Bush — Yea
McConnaughay — Yea
Hutchinson — Yea
McCann — Yea
Radogno — Yea
Harris — Yea
Forby — Yea
Frerichs — Yea
Haine — Yea
Brady — Yea
Kotowski — Yea
LaHood — Yea
Landek — Yea
McGuire — Yea
Luechtefeld — Not Voting
Sullivan — Yea
Jacobs — Yea
Cullerton, T. — Yea
Cullerton — Yea
McCarter — Yea
Mulroe — Yea
Muñoz — Yea
Silverstein — Yea
Steans — Yea
Trotter — Yea
Clayborne — Yea
Connelly — Yea
Dillard — Not Voting
Duffy — Yea
Noland — Yea
Oberweis — Yea
Raoul — Yea
Righter — Yea
Sandoval — Yea
Van Pelt — Yea
Bill Cunningham Democrat Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Julie A. Morrison Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Yea
Steve Stadelman Democrat Yea
Chapin Rose Republican Yea
Dave Syverson Republican Yea
Sue Rezin Republican Yea

Official roll call →

Subjects

civil-rights
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Frequently asked questions

What does SB 2954 do?
Amends the Probate Act of 1975. Provides that a guardian of an adult disabled ward's person and estate has the authority to commence proceedings, including, but not limited to, adoption, marriage, or dissolution of marriage proceedings, on behalf of the ward if the court finds the proceedings to be in the best interests of the ward.
Who sponsors SB 2954?
SB 2954 is sponsored by Ira I. Silverstein.
What is the current status of SB 2954?
This bill has been enacted into law. Introduced February 04, 2014. Enacted.
Where can I track SB 2954?
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Last checked for changes 3 months ago · updated continuously

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