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HB 2892

SUBSTITUTION OF GAL-DIS ADULT

104th Regular Session Introduced by Terra Costa Howard

Gives parties in adult guardianship a one-time, no-cause right to substitute the guardian ad litem before the GAL files an appearance or at the first appearance after appointment.

Rule 19(a) / Re-referred to Rules Committee
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Bill Summary · HB 2892

HB 2892 — Summary (Substitution of Guardian ad Litem — Disabled Adult)

Status: Rule 19(a) / Re‑referred to Rules Committee
Introduced: February 6–14, 2025 (document contains materials from both Illinois and Arizona drafts)
Primary statutory target (Illinois text): 755 ILCS 5/11a‑10 (Probate Act of 1975)
Companion bill: SB 1299

Main purpose

To amend the Probate Act (755 ILCS 5/11a‑10) to give parties in adult guardianship proceedings (petitioners, cross‑petitioners, and respondents) a one‑time, no‑cause right to substitute the appointed guardian ad litem (GAL) if the substitution motion is made before the GAL files an appearance or at the first court appearance after appointment, whichever is later.

Key provisions

  • Explicitly entitles the petitioner, cross‑petitioner, or respondent to one substitution of a guardian ad litem without cause as a matter of right.
  • An application for substitution may be oral or written.
  • The court must grant the substitution if the motion is made at any time before the GAL files an appearance or at the first court appearance after appointment (whichever is later).
  • Retains existing GAL responsibilities and process provisions in Section 11a‑10:
    • Courts must set a hearing date within 30 days after a petition is filed and generally appoint a GAL to report on the respondent’s best interests (unless appointment is unnecessary).
    • Non‑attorney GALs must be qualified by training/experience to work with the relevant disability population.
    • GALs may inspect and copy medical/mental‑health records needed for the proceedings (confidentiality protections apply).
    • GALs must file a written report before the hearing and appear at the hearing to testify.
    • Courts may appoint counsel for respondents; respondents are entitled to notice of rights and other procedural safeguards.
    • Court discretion over allocation of GAL fees and costs; certain public entities are protected from fee assessment.

Who is affected

  • Petitioners, cross‑petitioners, and respondents in adult guardianship/mental‑capacity proceedings in Illinois.
  • Guardians ad litem (attorneys and qualified non‑attorneys) and the judiciary handling guardianship cases.
  • Potentially guardianship service providers, court admin (scheduling), and parties who may be asked to select an alternate GAL.

Procedural status and timeline (high‑level)

  • Introduced in early February 2025; referred to committees and had hearings (public hearing and committee consideration in March–April 2025).
  • Committee substitute was considered and the bill was reported favorably as substituted (April 24, 2025).
  • Committee report sent to Calendars (May 7, 2025). Re‑referred to Rules Committee under Rule 19(a) (March 21, 2025).
  • Companion/related activity indicated via SB 1299.

Potential impact and considerations

  • Enhances procedural control for parties over the identity of the GAL early in the case, which may reduce perceived conflicts or perceived bias.
  • Could slightly delay the GAL appointment process if substitutions are exercised, but limit is one substitution so long‑term disruption is constrained.
  • May improve perceived fairness and party confidence in the guardianship process, particularly for vulnerable adults.
  • Implementation requires courts and GAL programs to adjust intake and scheduling procedures to accommodate timely substitution requests.

Note: The provided document also contains an unrelated Arizona statutory amendment draft concerning lobbyist prohibitions (Section 41‑1233). That appears to be a separate bill text included inadvertently. This summary focuses on the Illinois Probate Act amendment (substitution of guardian ad litem) consistent with the bill title.

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

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