Becoming guardians over the persons and/or estates of individuals with disabilities is an enormous responsibility. Over the years, the Illinois legislature has increasingly required various safeguards to ensure that guardians receive the training and education needed to fulfill their role’s duties and obligations under state law. To learn more about the updated criteria for becoming a guardian in Illinois and ensure that you meet all these requirements, contact Rubin Law at 866-TO-RUBIN for more information.
P.A. 102-770 Goes into Effect in 2023 for Cook County Guardians
Effective January 1, 2023, Illinois Public Act 102-770 (P.A. 102-770) will amend the Illinois Probate Act of 1975 to require training for all guardians appointed over the persons of individuals with disabilities. 755 ILSC 5/11a-12(e) already requires orders of appointment of guardians of the person issued in counties with a population of less than three million to state that guardian must complete a training program.
P.A. 102-770 expands that requirement to all counties in Illinois, including Cook County. Guardians in Cook County appointed by the court before the effective date of P.A. 102-770 are not subject to the new mandatory training requirement. Expanding the training program requirement will only affect guardians appointed by court order on or after January 1, 2023.
Guardianship Training Program Requirements
755 ILSC 5/11a-12(e) requires that guardians over the person complete the training program in Section 33.5 of the Guardianship and Advocacy Act that “outlines the responsibilities of the guardian of the person and the rights of the person under guardianship.”
Completing the Guardianship Training Program
The guardian must file a certificate of completion of the training program within one year from the date the court issues the letters of guardianship. The Guardianship and Advocacy Act requires the Office of State Guardian to provide the necessary training, which is accessible at the following link to the Illinois Guardianship & Advocacy Commission website. You can register with an email address at this website, take the training, and obtain the certificate you need to file with the court within one year of the date that the court appointed you as guardian.
Exceptions to the Guardianship Training Program Requirements
755 ILSC 5/11a-12(e) provides the following exceptions to the guardianship training program requirement:
- the chief judge of any circuit may order the implementation of another training program by a suitable provider containing substantially similar content;
- employees of the Office of the State Guardian, public guardians, attorneys currently authorized to practice law, corporate fiduciaries, and persons certified by the Center for Guardianship Certification are exempt from this training requirement; and
- the court may, for good cause shown by the filing of an affidavit, exempt an individual from this requirement not otherwise listed above and state this exemption in its order of appointment.
Contact Us Today to Learn More About Our Legal Services
To learn more about the updated criteria for becoming a guardian in Illinois and ensure that you meet all these requirements, contact Rubin Law for more information. Rubin Law is the only Illinois law firm exclusively dedicated to providing compassionate legal services for children and adults with special needs. In addition, we offer unique legal and future planning techniques to meet your family’s individual needs.
Legal and future planning for our fellow Illinois families of individuals with special needs, including intellectual disabilities, developmental disabilities, physical disabilities, and/or mental illness, is not one thing we do, it’s the only thing we do; it’s not one area of our practice, it’s our only area of practice.
Call us today at 866-TO-RUBIN or contact us online to learn more about the services we can offer you and your family.
