Bill
HB 3875
Courts may authorize a ward to execute a will or codicil if a current physician or licensed psychologist confirms testamentary capacity.
Status & procedural history
- Bill: HB 3875 (companion: SB 1253) — introduced in the 104th Illinois General Assembly (filed Feb–Mar 2025).
- Committee activity: Referred to committees; reported favorably as substituted in committee (4/28/2025); committee report sent to Calendars (5/2/2025). Current status listed as referred to Rules Committee.
Purpose and intent
- HB 3875 amends the Guardians for Adults with Disabilities provisions of the Probate Act of 1975 to (1) clarify and expand the types and timing of medical/psychological evaluations that must accompany guardianship petitions, and (2) authorize courts to permit a ward to execute a will or codicil when competent capacity is documented by a qualified clinician.
Key provisions and changes
- Report requirements (amendment to 755 ILCS 5/11a‑9):
- The petition for adjudication of disability and appointment of a guardian must be accompanied by a report describing the respondent’s disability and its impact on decision‑making and independent functioning; results of mental/physical/adaptive/social evaluations; an opinion on the need, type, and scope of guardianship; and treatment/habilitation recommendations.
- Specifies that the report may include a psychological evaluation that assesses cognitive, emotional, and functional capacities and that such an evaluation must be performed by a licensed clinical psychologist under the Clinical Psychologist Licensing Act:
- within 3 months before filing the petition, or
- within 1 year before filing when the respondent has an intellectual disability.
- Clarifies required identifiers/credentials and signatures of evaluators; one evaluator must be a licensed physician or licensed clinical psychologist (with special allowance for clinical psychologists in intellectual‑disability cases).
- Reinforces court authority to order independent expert examinations on motion; establishes fee handling (court may order petitioner to pay if respondent cannot), with no expert fees assessed against the Office of State Guardian in certain cases.
- Maintains limited access/confidentiality of reports (available to court, parties, attorneys and as otherwise directed) consistent with court records/accessibility rules.
Who is affected
- Respondents subject to guardianship proceedings (including individuals with intellectual disabilities).
- Licensed clinical psychologists and physicians who perform evaluations and provide capacity opinions.
- Petitioners, guardians, guardians ad litem, the probate courts, and the Office of State Guardian.
- Potentially persons named as intended beneficiaries if wards are authorized to execute wills.
Potential impacts and considerations
- Increases clarity on acceptable evaluations and qualifications of evaluators; may increase use of licensed clinical psychologists in guardianship evaluations.
- The longer (1‑year) window for evaluations in intellectual‑disability cases recognizes practical assessment issues while aiming to ensure timely evidence in petitions.
- The testamentary‑capacity provision creates a procedural path for wards to execute wills/codicils despite guardianship, provided current clinical documentation supports capacity.
- Administrative impacts include court processing of expert appointments/fees and potential changes in assessment practices by clinicians and petitioners.
For more detail, see amended sections 11a‑9 and 11a‑18 of the Probate Act of 1975 (755 ILCS 5).
Compiled from official sources — confirm details with the bill’s official record.
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