755 ILCS 5/11a-15: Successor guardian.

(Text of Section before amendment by P.A. 104-547)

Upon the death, incapacity, resignation, or removal of a guardian of the estate or person of a living ward, the court shall appoint a successor guardian or terminate the adjudication of disability. The powers and duties of the successor guardian shall be the same as those of the predecessor guardian unless otherwise modified.

Notice of the time and place of the hearing on a petition for the appointment of a successor guardian shall be given not less than 3 days before the hearing for a successor to a temporary guardian and not less than 14 days before the hearing for a successor to a limited or plenary guardian. The notice shall be by mail or in person to the alleged person with a disability, to the proposed successor guardian, and to those persons whose names and addresses are listed in the petition for adjudication of disability and appointment of a guardian under Section 11a-8. The court, upon a finding of good cause, may waive the notice requirement under this Section.

(Text of Section after amendment by P.A. 104-547)

Successor guardian.

(a) Upon the death, incapacity, resignation, or removal of a guardian of the estate or person of a living ward, the court shall appoint a successor guardian or terminate the adjudication of disability. The powers and duties of the successor guardian shall be the same as those of the predecessor guardian unless otherwise modified.

(b) Notice of the time and place of the hearing on a petition for the appointment of a successor guardian shall be given not less than 3 days before the hearing for a successor to a temporary guardian and not less than 14 days before the hearing for a successor to a limited or plenary guardian. The notice shall be by mail or in person to the alleged person with a disability, to the proposed successor guardian, and to those persons whose names and addresses are listed in the petition for adjudication of disability and appointment of a guardian under Section 11a-8. The court, upon a finding of good cause, may waive the notice requirement under this Section.

(c) Notwithstanding the notice requirement in subsection (b), 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 60 days before the hearing for a successor to a limited or plenary guardian. If 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 60 days, this subsection does not apply. This subsection does not apply to temporary guardians or when guardianship services are paid for by a hospital licensed under the Hospital Licensing Act or the University of Illinois Hospital Act.