In order to protect those needing a guardianship, State Senator Mike Halpin has passed a bill through the Senate to prevent their exploitation.
“Illinois needs to ensure folks who require a guardian are not taken advantage of,” said Halpin (D-Rock Island). “This legislation puts rules around who can be a private professional guardian so we ensure only qualified people are performing this important role.”

Halpin’s bill would provide multiple guardrails to ensure private professional guardians are qualified. These include having a personal meeting with the respondent prior to appointment, background checks, certifications, fee disclosures and financial management standards. The legislation would impose reporting obligations and allow for court removal due to noncompliance.

The Chicago Tribune identified cases where patients with assets that were ordered into conservatorship were taken advantage of by one particular management organization assigned as guardian. In many cases, the care management organization “then benefited from providing months or years of services funded by the former patient.”

“This kind of abuse taking place in Illinois is unacceptable,” said Halpin. “When our most vulnerable are put in the care of a stranger we have to guarantee that individual’s safety and financial security.”

House Bill 3811 has passed the Senate and heads back to the House for concurrence.

Illinois State Senator Mike Halpin

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Sean Leary Director of Digital Media

Sean Leary is an author, director, artist, musician, producer and entrepreneur who has been writing professionally since debuting at age 11 in the pages of the Comics Buyers Guide. An honors graduate of the University of Southern California masters program, he has written over 50 books including the best-sellers The Arimathean, Every Number is Lucky to Someone and We Are All Characters.