IllinoisHB3811104th General Assembly (2025–2026)House

PRIVATE PROFESSIONAL GUARDIANS

Sponsored By: Sponsor information unavailable

Signed by Governor

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

4 provisions identified: 3 benefits, 0 costs, 1 mixed.

Clearer fees and estate budgets

Private professional guardians must give the court a current fee schedule before appointment and use sound financial controls. They must file an estate budget with the first inventory and each yearly account, showing expected expenses and how long the estate can pay for services. If the estate may no longer afford the services, or the home may need to be sold within 36 months, the guardian must promptly notify the court and file a transition plan. Guardians managing more than $1 million in total assets must arrange an independent audit each year and share its report with the courts. Guardians must also file a sworn statement each year confirming they follow conflict-of-interest rules.

More notice for guardian changes

Successor guardian hearings require at least 3 days’ notice for temporary guardianships and 14 days’ notice for limited or plenary guardianships. A private professional guardian planning to name the Office of State Guardian or a public guardian as successor must notify the court and intended successor at least 60 days before the hearing. That 60-day rule does not apply to temporary guardianships, certain hospital-paid services, or cases where the person’s assets at appointment do not exceed the estimated cost of 60 days of needs. A court can remove a private professional guardian who fails to follow the law’s requirements.

More safeguards when guardians are chosen

A private professional guardian includes a paid guardian serving 5 or more unrelated people with disabilities, or a qualifying nonprofit. Courts must find the appointment is in your best interests and consider your medical needs, estate costs, and suitable alternatives. Petitioners must describe efforts to contact known or findable relatives and fiduciaries and notify the public guardian. These notice rules do not apply when a family member nominates the guardian. The guardian must meet and assess you before appointment, or as soon as feasible afterward, and consider less restrictive guardianship and living arrangements that reflect your wishes. Guardians also face limits on financial interests and business dealings tied to your estate.

Stronger checks for professional guardians

Within 2 years after the act’s effective date, individual private professional guardians must earn national master guardian or national certified guardian certification. For nonprofit guardians, the president, director, or chief executive officer must earn one of those certifications; employees who use guardianship powers must earn national certified guardian certification. At appointment and every year after, guardians must file an affidavit confirming that covered officers, directors, and employees had state and national criminal history checks, including a child-abuse registry check, within the past 5 years. The guardian pays the background-check costs.

Sponsors & Cosponsors

Sponsors

There is no primary sponsor on record.

Cosponsors

  • Dagmara Avelar

    Democratic • House

  • Diane Blair-Sherlock

    Democratic • House

  • Edgar González, Jr.

    Democratic • House

  • Eva-Dina Delgado

    Democratic • House

  • Javier L. Cervantes

    Democratic • Senate

  • Jennifer Gong-Gershowitz

    Democratic • House

  • Katie Stuart

    Democratic • House

  • Kimberly A. Lightford

    Democratic • Senate

  • Laura Faver Dias

    Democratic • House

  • Laura M. Murphy

    Democratic • Senate

  • Lilian Jiménez

    Democratic • House

  • Lindsey LaPointe

    Democratic • House

  • Martha Deuter

    Democratic • House

  • Mary Beth Canty

    Democratic • House

  • Mary Edly-Allen

    Democratic • Senate

  • Michael W. Halpin

    Democratic • Senate

  • Nicholas K. Smith

    Democratic • House

  • Nicolle Grasse

    Democratic • House

  • Theresa Mah

    Democratic • House

  • Tracy Katz Muhl

    Democratic • House

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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