Posted On: October 4, 2005 by Joel A. Schoenmeyer

Change in Guardianship Requirements

Section 11-3(a) of the Illinois Probate Act sets forth the requirements for acting as the guardian of a minor.  Until recently this section prohibited all convicted felons from acting as such a guardian.  However, this prohibition was recently changed slightly, to prevent convicted felons from acting...

unless the court finds appointment of the person convicted of a felony to be in the minor's best interests, and as part of the best interest determination, the court has considered the nature of the offense, the date of offense, and the evidence of the proposed guardian's rehabilitation. No person shall be appointed who has been convicted of a felony involving harm or threat to a child, including a felony sexual offense.

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