20 ILCS 3955/31: Appointment; availability of State Guardian; available private guardian.

(Text of Section before amendment by P.A. 104-465)

The State Guardian shall not be appointed if another suitable person is available and willing to accept the guardianship appointment. In all cases where a court appoints the State Guardian, the court shall indicate in the order appointing the guardian as a finding of fact that no other suitable and willing person could be found to accept the guardianship appointment. On and after the effective date of this amendatory Act of the 97th General Assembly, the court shall also indicate in the order, as a finding of fact, the reasons that the State Guardian appointment, rather than the appointment of another interested party, is required. This requirement shall be waived where the Office of State Guardian petitions for its own appointment as guardian.

(Text of Section after amendment by P.A. 104-465)

Appointment; availability of Division of State Guardian; available private guardian.

(a) The Division of State Guardian shall not be appointed if another suitable person is available and willing to accept the guardianship appointment. In all cases where a court appoints the Division of State Guardian, the court shall indicate in the order appointing the guardian as a finding of fact that no other suitable and willing person could be found to accept the guardianship appointment. On and after the effective date of the amendatory Act of the 97th General Assembly, the court shall also indicate in the order, as a finding of fact, the reasons that the Division of State Guardian appointment, rather than the appointment of another interested party, is required. This requirement shall be waived where the Division of State Guardian petitions for its own appointment as guardian.

(b) In all cases in which the Division of State Guardian has been appointed to prior to or after the effective date of the changes made to this Section by this amendatory Act of the 104th General Assembly, the Division of State Guardian shall be recognized as a division of the Department. Any reference in law, regulation, order, or appointment to the State Guardian or Office of State Guardian as a division of the Guardianship and Advocacy Commission shall be deemed to refer to the State Guardian as a division of the Department of Disability Advocacy and Guardianship. This subsection applies retroactively and prospectively to all appointments, actions, and proceedings involving the State Guardian or its wards.