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HB 2562

GUARDIAN TRAINING

104th Regular Session Introduced by Diane Blair-Sherlock and 3 co-sponsors

The law requires guardians of the person and estate to complete a free, two‑part State Guardian training (person/estate) within one year, with certificates filed in court.

Public Act . . . . . . . . . 104-0237
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Bill Summary · HB 2562

HB 2562 — GUARDIAN TRAINING (Public Act 104‑0237)

Status: Enacted (Public Act 104‑0237)
Introduced: Feb 7, 2025. Sponsor: Rep. Michele Peña (also listed Rep. Terra Costa Howard originally). Effective date: January 1, 2026.

Purpose / Intent

To strengthen and standardize training for court‑appointed guardians under Article XIa of the Probate Act of 1975, by (1) requiring separate training components for guardians of the person and guardians of the estate; (2) expanding who must complete the training; and (3) clarifying certain duties of personal guardians.

Key provisions

  • Guardianship training program (amendment to Guardianship and Advocacy Act, 20 ILCS 3955/33.5):

    • The Office of the State Guardian must provide a no‑cost training program for courts that explains guardian duties and the rights of persons with disabilities under Article XIa.
    • The program must have two distinct components: one for guardians of the person and one for guardians of the estate.
    • The State Guardian determines training content and must consult courts, guardianship organizations, public guardians, advocacy groups, and people/families with direct guardianship experience when developing materials.
    • The component for guardians of the person must include content on Alzheimer’s disease and related dementias (e.g., effective communication, best practices for interaction, and supporting rights).
    • Training materials must be prepared and disseminated with consideration for accessibility to persons with disabilities.

  • Mandatory completion and certificate (amendment to Probate Act, 755 ILCS 5/11a‑12):

    • The court’s order of appointment must require guardians of the person and guardians of the estate to complete the State Guardian’s training program and file a certificate of completion with the court within one year after issuance of letters of guardianship.
    • Exceptions / alternatives:
    • Chief circuit judges may authorize another substantially similar training by a suitable provider.
    • The following are exempt from the training requirement:
      • Employees of the Office of the State Guardian
      • Public guardians
      • Attorneys currently authorized to practice law
      • Corporate fiduciaries
      • Persons certified by the Center for Guardianship Certification
    • Courts may exempt other individuals for “good cause” (good cause may be shown by affidavit).

  • Additional changes to guardian duties (Sections 11a‑17 and 11a‑18):

    • The enrolled bill (and subsequent amendments) includes revisions clarifying duties and reporting expectations of personal guardians, including:
    • Custody, care, support and education responsibilities for wards and dependent children, subject to spouse rights;
    • Authority to open/transfer funds to ABLE accounts where no guardian of the estate exists (per State Treasurer Act §16.6);
    • Ability for a guardian to maintain or pursue certain marriage/dissolution actions on behalf of a ward when authorized by the court;
    • Reporting requirements to the court (mental/physical condition, living arrangements, services provided, visits, recommendations on continued guardianship);
    • Clarification on interaction with powers of attorney and surrogate decision‑making under the Health Care Surrogate Act.

Who is affected

  • Required: newly appointed guardians of the person and guardians of the estate (must complete training and file proof within 1 year).
  • Consulted/impacted: courts, the Office of the State Guardian (responsible for program), families/wards (benefit from better‑trained guardians).
  • Exempted categories listed above reduce burden on professionals and public guardians.

Timeline & legislative actions

  • Passed both chambers with committee and floor amendments; sent to Governor June 24, 2025; Governor approved Aug 15, 2025. Effective Jan 1, 2026 (Public Act 104‑0237).

Potential effects / considerations

  • Expected to raise baseline competency of private guardians (especially on dementia care and rights‑preserving practices) and promote consistent practice across circuits.
  • Administrative tasks: guardians must complete training and file certificates within one year; courts and the State Guardian must implement and track compliance.
  • Exemptions and judicial discretion (chief judge alternatives, court exemptions) provide flexibility for professional guardianship settings.

Compiled from official sources — confirm details with the bill’s official record.

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