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HB 3811

PRIVATE PROFESSIONAL GUARDIANS

104th Regular Session Introduced by Dee Avelar and 19 co-sponsors

Illinois bill establishing professional licensing standards and regulatory oversight for private guardians serving incapacitated persons to prevent exploitation and ensure accountability.

Sent to the Governor
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Bill Summary · HB 3811

Legislative bill overview

HB 3811 establishes a framework for private professional guardians in Illinois, creating regulatory standards and licensing requirements for individuals who serve as guardians for incapacitated persons outside of the traditional court-appointed or family guardian system. The bill aims to professionalize guardianship services while implementing oversight mechanisms to protect vulnerable adults and seniors.

Why is this important

Guardianship is a critical legal arrangement affecting vulnerable populations including elderly individuals with cognitive decline and disabled adults. Currently, many states lack standardized requirements for private guardians, leading to documented cases of exploitation, neglect, and financial abuse. This bill addresses a genuine gap in consumer protection by establishing professional standards in a role with significant power over others' financial, medical, and personal decisions.

Potential points of contention

  • Licensing costs and access: Mandatory professional licensing and oversight may increase costs that guardians pass to wards' estates, potentially pricing out affordable guardianship services for lower-income individuals
  • Scope of regulation: Debate over whether licensing should cover all private guardians or carve out exceptions for family members serving in guardian roles
  • Liability and insurance requirements: Requirements for errors and omissions insurance or bonding could burden small practitioners and raise questions about appropriate financial thresholds

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

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