Amends the Hospital Licensing Act. Provides that, if a physician determines that an adult patient is so disabled as to be unable to consent to discharge or placement in a facility or a physician reasonably believes an adult patient is a person with a disability in need of a guardian in accordance with the Probate Act of 1975 and there is no family, surrogate decision maker, agent under a power of attorney, trustee, or other close friend who is ready willing and able to assist that adult patient, then the hospital shall notify the Office of State Guardian and the public guardian of the county where the patient resides. Amends the Nursing Home Care Act. Requires a facility to notify the Office of State Guardian and the public guardian in the county where the patient resides before executing a contract in specified circumstances where the patient has diminished capacity. Amends the Probate Act of 1975. Includes private professional guardians as individuals who may act as guardians. Establishes standards for private professional guardians before appointment. Requires a private professional guardian who serves as guardian for 15 or more persons with disabilities to be certified as a National Master Guardian by the Center for Guardianship Certification and imposes other requirements, including background checks. Sets forth provisions concerning private professional guardians as successor guardians and the removal of private professional guardians who fail to comply with the specified requirements.
House Committee Amendment No. 1: Replaces everything after the enacting clause. Amends the Guardians for Adults with Disabilities Article of the Probate Code of 1975. Authorizes the appointment of a private professional guardian to serve as a temporary, limited, or plenary guardian for a person with a disability. Defines "private professional guardian" as (1) a person or entity who receives compensation for services as a guardian to 5 or more persons with disabilities who are not related to the guardian by blood or marriage; or (2) a not-for-profit corporation qualified to act as guardian. Provides that "private professional guardian" does not include a government agency, the Office of State Guardian, a public guardian, corporations qualified to accept and execute trusts in this State, or a financial institution. Requires a petitioner who nominates a private professional guardian to be appointed as a guardian to attach an affidavit to the petition for guardianship detailing the petitioner's efforts at locating and contacting the respondent's nearest relatives, agent under power of attorney, or other fiduciaries regarding the need for the appointment of a guardian unless a family member of the respondent nominates the private professional guardian. Requires the private professional guardian to personally meet and assess the respondent, certify best interest findings, and identify the least restrictive alternative and community-based living options. Prohibits certain conflicts of interest by the private professional guardian. Requires that the private professional guardian be certified by the Center for Guardianship Certification. Provides that if a private professional guardian estimates that the estate of the person with a disability can afford the services of the private professional guardian for 36 months or less before the estate is depleted, and the person with a disability is living at home, then the private professional guardian shall forgo or delay the collection of court-awarded fees until the person with a disability is clinically unable to remain at home or until it is not financially feasible, for reasons other than the collection of court-awarded fees, for the person with a disability to remain at home. Provides that the private professional guardian may petition the court to reduce or waive the 36-month no fee collection period by showing that it is in the best interests of the person with a disability for the private professional guardian to collect the full or partial amount of court-awarded fees. Makes other changes.
House Floor Amendment No. 2: Replaces everything after the enacting clause. Reinserts provisions of House Amendment No.1 with the following changes. Provides that if a private professional guardian is serving as a limited or plenary guardian of a person with a disability and intends to name the Office of State Guardian or public guardian as successor, notice shall be provided to the court and the Office of State Guardian or a public guardian not less than 120 days before the hearing for a successor to a limited or plenary guardian unless the assets of the person with a disability at the time of the appointment of the limited or plenary guardian do not exceed the estimated amount necessary for funding of the needs of the person with a disability for a period of 120 days. Provides that before being appointed as guardian for a person with a disability, the private professional guardian must certify, in open court or by affidavit: (i) that the private professional guardian has personally met with and assessed the respondent or, if not reasonably possible, consistent with the National Guardianship Association Standards of Practice, certify that they will meet with the respondent as soon as feasible after the appointment. Provides that a private professional guardian may not (i) have any direct or indirect beneficial interest, financial or otherwise, in entities or corporations that transact business with the estate or receive benefits, including referral fees, from persons, entities, or corporations that transact business with the estate or on behalf of the person under its guardianship, excluding any fixed salary received from its employer. Provides that within 2 years of the effective date of the amendatory Act, a person or the president, director, or chief executive officer of a not-for-profit corporation and employees of the private professional guardian who serve as a private professional guardian must be certified as a national master guardian or a national certified guardian by the Center for Guardianship Certification or its successor organization. Requires a private professional guardian that manages, in the aggregate, more than $1 million of assets as a guardian of persons with a disability, to arrange for an independent audit by a qualified examiner of its financial records on an annual basis. Requires a private professional guardian to promptly notify the court at such time that it estimates the estate of the person with a disability can no longer afford the services of the private professional guardian or, if the sale of respondent's residence would be required for the continued services of a private professional guardian, within 36 months or less. Makes structural changes.

Statutes affected:
Introduced: 210 ILCS 45/2, 210 ILCS 85/6, 755 ILCS 5/11, 755 ILCS 5/23
Engrossed: 755 ILCS 5/11, 755 ILCS 5/23