Illinois legislation · 104th General Assembly
Illinois HB3811: PRIVATE PROFESSIONAL GUARDIANS
Status: Signed into law, July 10, 2026
Amends the Hospital Licensing Act. Provides that, if a physician determines that an adult patient is so disabled as to be unable to consent to discharge or placement in a facility or a physician reasonably believes an adult patient is a person with a disability in need of a guardian in accordance with the Probate Act of 1975 and there is no family, surrogate decision maker, agent under a power of attorney, trustee, or other close friend who is ready willing and able to assist that adult patient, then the hospital shall notify the Office of State Guardian and the public guardian of the county where the patient resides. Amends the Nursing Home Care Act. Requires a facility to notify the Office of State Guardian and the public guardian in the county where the patient resides before executing a contract in specified circumstances where the patient has diminished capacity. Amends the Probate Act of 1975. Includes private professional guardians as individuals who may act as guardians. Establishes standards for private professional guardians before appointment. Requires a private professional guardian who serves as guardian for 15 or more persons with disabilities to be certified as a National Master Guardian by the Center for Guardianship Certification and imposes other requirements, including background checks. Sets forth provisions concerning private professional guardians as successor guardians and the removal of private professional guardians who fail to comply with the specified requirements.
What the bill says
A bill for hb3811lrb104 10924 bab 21006 b hb3811 lrb104 10924 bab 21006 b hb3811 lrb104 10924 bab 21006 b an act concerning regulation.
From the introduced text, February 7, 2025:
A BILL FOR HB3811LRB104 10924 BAB 21006 b HB3811 LRB104 10924 BAB 21006 b HB3811 LRB104 10924 BAB 21006 b AN ACT concerning regulation. Be it enacted by the People of the State of Illinois, represented in the General Assembly: Section 5.The Nursing Home Care Act is amended by changing Section 2-202 as follows: (210 ILCS 45/2-202)(from Ch. 111 1/2, par. 4152-202) Sec. 2-202.(a) Before a person is admitted to a facility, or at the expiration of the period of previous contract, or when the source of payment for the resident's care changes from private to public funds or from public to private funds, a written contract shall be executed between a licensee and the following in order of priority: (1) the person, or if the person is a minor, his parent or guardian; or (2) the person's guardian, if any, or agent, if any, as defined in Section 2-3 of the Illinois Power of Attorney Act; or (3) a member of the person's immediate family. An adult person shall be presumed to have the capacity to contract for admission to a long term care facility unless he has been adjudicated a "person with a disability" within the meaning of Section 11a-2 of the Probate Act of 1975, or unless a petition for such an adjudication is pending in a …
Sponsors
- Martha Deuter (D, 45) · primary sponsor
- Mary Beth Canty (D, 54)
- Jennifer Gong-Gershowitz (D, 17)
- Nicholas K. Smith (D, 34)
- Nicolle Grasse (D, 53)
- Tracy Katz Muhl (D, 57)
- Theresa Mah (D, 24)
- Edgar González (D, 23)
- Laura Faver Dias (D, 62)
- Diane Blair-Sherlock (D, 46)
- Lilian Jiménez (D, 4)
- Dagmara Avelar (D, 85)
Latest actions
- : Public Act . . . . . . . . . 104-0547
- : Effective Date January 1, 2027
- : Governor Approved
- : Sent to the Governor
- : Passed Both Houses
- : House Concurs
- : Senate Committee Amendment No. 1 House Concurs 117-000-000
- : Senate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Judiciary - Civil Committee; 019-000-000
- : Senate Committee Amendment No. 1 Motion to Concur Re-assigned to Judiciary - Civil Committee
- : Senate Committee Amendment No. 1 Motion to Concur Rules Referred to Human Services Committee
Votes
- Senate Committee Amendment No. 1 House Concurs (May 31, 2026): 117 yea, 0 nay, passed
- Senate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Judiciary - Civil Committee (May 29, 2026): 19 yea, 0 nay, passed
- Third Reading - Passed (May 28, 2026): 59 yea, 0 nay, passed
- Do Pass as Amended Judiciary (May 20, 2026): 8 yea, 0 nay, passed
- Third Reading - Standard Debate - Passed (April 16, 2026): 81 yea, 28 nay, passed
- House Floor Amendment No. 2 Recommends Be Adopted Judiciary - Civil Committee (April 15, 2026): 11 yea, 7 nay, passed
Subjects: ILCS 210 - Public Health, ILCS 755 - Estates
Common questions
- What is HB3811?
- HB3811 is a bill in the Illinois Legislature (104th General Assembly): PRIVATE PROFESSIONAL GUARDIANS.
- What does HB3811 do?
- In its own words: A bill for hb3811lrb104 10924 bab 21006 b hb3811 lrb104 10924 bab 21006 b hb3811 lrb104 10924 bab 21006 b an act concerning regulation.
- What is the status of HB3811?
- Signed into law as of July 10, 2026. Latest action: Public Act . . . . . . . . . 104-0547 (July 10, 2026).
- Who sponsored HB3811?
- Martha Deuter (D, 45), with 11 co-sponsors.
- Where is the official record for HB3811?
- On the Illinois Legislature website: https://www.ilga.gov/Legislation/BillStatus?DocNum=3811&GAID=18&DocTypeID=HB&SessionID=114
Source: official Illinois record. Tracked by Delilah, AI for legislation across all 50 states and Congress.