IllinoisHB3811104th General Assembly (2025–2026)HouseWALLET

PRIVATE PROFESSIONAL GUARDIANS

Sponsored By: Sponsor information unavailable

Became Law

Summary

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.

human servicesjudiciary - civilassignmentsjudiciary

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 5 benefits, 0 costs, 0 mixed.

Audits, budgets, and fee transparency

Private professional guardians must keep a current fee list with hourly rates and common costs and give it to the court before appointment. They must file a budget with the first inventory and each yearly account showing expected expenses and how long the estate can pay; if the estate cannot afford services or the home would need to be sold within 36 months, they must tell the court and present a transition plan. A guardian who manages over $1,000,000 in assets across all wards must get an independent audit every year and make the report available to the courts.

Clearer notice and successor guardian rules

Beginning January 1, 2025, when a guardian dies, is incapacitated, resigns, or is removed, the court must name a successor or end the disability finding. The successor keeps the same powers unless the court changes them. Also beginning January 1, 2025, courts must give at least 3 days’ notice to replace a temporary guardian and 14 days’ notice to replace a limited or plenary guardian, with notice by mail or in person to the ward, the proposed successor, and others named in the petition; the court can waive notice for good cause. A private professional guardian who plans to name the Office of State Guardian or a public guardian as successor must give 60 days’ notice, except for temporary cases, when a licensed hospital or the University of Illinois Hospital pays, or when the ward’s assets at appointment cover 60 days or less. When someone seeks to appoint a private professional guardian, the petitioner must attach an affidavit describing efforts to contact relatives, any power of attorney, or other fiduciaries, and must notify the public guardian; this does not apply when a family member makes the nomination.

No-conflict and accountability for guardians

Private professional guardians, and their spouses or close family or household members, may not hold financial interests that conflict with the ward. They may not arrange a ward’s deals with any business they or their family own or have a stake in. When a nonprofit is appointed guardian, the court order must name a corporate officer as the contact. Each year, guardians must file a sworn statement that they follow the conflict rules, and courts may remove guardians who do not comply.

Training and safety rules for guardians

Private professional guardians must meet the person in person before or soon after appointment. They must choose the least restrictive guardianship and consider living options that match the person’s values and wishes. Within two years of the law’s start, private professional guardians and top leaders must earn national guardian certifications; employees who make guardian decisions must also be certified. On appointment and every year after, they must file an affidavit showing that officers, directors, and decision‑making staff had Illinois State Police checks in the last 5 years, including State and national criminal history and the child abuse system, and they pay the fees.

Who courts can appoint as guardian

Beginning January 1, 2022, courts can appoint private professional guardians, public agencies, or qualified nonprofits that can run a suitable program. They cannot appoint an agency or its worker if that agency provides the ward’s residential care. A private professional guardian is a paid person serving five or more unrelated people, or a qualified nonprofit and its staff. Any guardian must be at least 18, a U.S. resident, of sound mind, and not adjudged disabled; people with felonies may serve only if it is in the ward’s best interests after court review, but those with felonies harming or threatening minors, seniors, or people with disabilities, including felony sexual offenses, are barred. Courts may split duties between a guardian of the person and a guardian of the estate, and may appoint co‑guardians who agree and can work together; a public guardian or the Office of State Guardian cannot be a co‑guardian, and separate appointments with them need their consent. A private professional guardian is appointed only if it serves the person’s best interests, after the court weighs urgent medical decision needs and compares costs to other options.

Sponsors & Cosponsors

Sponsors

There is no primary sponsor on record.

Cosponsors

  • Dagmara Avelar

    Affiliation unavailable

  • Diane Blair-Sherlock

    Affiliation unavailable

  • Edgar González, Jr.

    Affiliation unavailable

  • Eva-Dina Delgado

    Affiliation unavailable

  • Javier L. Cervantes

    Affiliation unavailable

  • Jennifer Gong-Gershowitz

    Affiliation unavailable

  • Katie Stuart

    Affiliation unavailable

  • Kimberly A. Lightford

    Affiliation unavailable

  • Laura Faver Dias

    Affiliation unavailable

  • Laura M. Murphy

    Affiliation unavailable

  • Lilian Jiménez

    Affiliation unavailable

  • Lindsey LaPointe

    Affiliation unavailable

  • Martha Deuter

    Affiliation unavailable

  • Mary Beth Canty

    Affiliation unavailable

  • Mary Edly-Allen

    Affiliation unavailable

  • Michael W. Halpin

    Affiliation unavailable

  • Nicholas K. Smith

    Affiliation unavailable

  • Nicolle Grasse

    Affiliation unavailable

  • Theresa Mah

    Affiliation unavailable

  • Tracy Katz Muhl

    Affiliation unavailable

Roll Call Votes

All Roll Calls

Yes: 308 • No: 42

House vote 5/31/2026

Senate Committee Amendment No. 1 House Concurs

Yes: 117 • No: 0

House vote 5/29/2026

Senate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Judiciary - Civil Committee;

Yes: 19 • No: 0

Senate vote 5/28/2026

Third Reading - Passed;

Yes: 59 • No: 0

Senate vote 5/20/2026

Do Pass as Amended Judiciary;

Yes: 8 • No: 0

House vote 4/16/2026

Third Reading - Standard Debate - Passed

Yes: 81 • No: 28

House vote 4/15/2026

House Floor Amendment No. 2 Recommends Be Adopted Judiciary - Civil Committee;

Yes: 11 • No: 7

House vote 3/19/2026

Do Pass as Amended / Short Debate Judiciary - Civil Committee;

Yes: 13 • No: 7

Actions Timeline

  1. Public Act . . . . . . . . . 104-0547

    7/10/2026House
  2. Effective Date January 1, 2027

    7/10/2026House
  3. Governor Approved

    7/10/2026House
  4. Sent to the Governor

    6/26/2026House
  5. Passed Both Houses

    5/31/2026House
  6. House Concurs

    5/31/2026House
  7. Senate Committee Amendment No. 1 House Concurs 117-000-000

    5/31/2026House
  8. Senate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Judiciary - Civil Committee; 019-000-000

    5/29/2026House
  9. Senate Committee Amendment No. 1 Motion to Concur Re-assigned to Judiciary - Civil Committee

    5/29/2026House
  10. Senate Committee Amendment No. 1 Motion to Concur Rules Referred to Human Services Committee

    5/29/2026House
  11. Senate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee

    5/29/2026House
  12. Senate Committee Amendment No. 1 Motion Filed Concur Rep. Martha Deuter

    5/29/2026House
  13. Added as Alternate Chief Co-Sponsor Sen. Kimberly A. Lightford

    5/29/2026Senate
  14. Placed on Calendar Order of Concurrence Senate Amendment(s) 1

    5/28/2026House
  15. Arrived in House

    5/28/2026House
  16. Added as Alternate Co-Sponsor Sen. Mary Edly-Allen

    5/28/2026Senate
  17. Added as Alternate Chief Co-Sponsor Sen. Javier L. Cervantes

    5/28/2026Senate
  18. Third Reading - Passed; 059-000-000

    5/28/2026Senate
  19. Rule 2-10 Third Reading Deadline Established As May 31, 2026

    5/22/2026Senate
  20. Placed on Calendar Order of 3rd Reading May 25, 2026

    5/21/2026Senate
  21. Second Reading

    5/21/2026Senate
  22. Placed on Calendar Order of 2nd Reading May 21, 2026

    5/20/2026Senate
  23. Do Pass as Amended Judiciary; 008-000-000

    5/20/2026Senate
  24. Senate Committee Amendment No. 1 Adopted

    5/20/2026Senate
  25. Senate Committee Amendment No. 1 Assignments Refers to Judiciary

    5/19/2026Senate

Bill Text

  • Engrossed

  • Enrolled

  • House Amendment 1

  • House Amendment 2

  • Introduced

  • Senate Amendment 1

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