State lawmaker's adult guardianship reform bill wins approval in both chambers

The legislation crafted by State Rep. Terra Costa Howard was approved by both chambers and is aimed at improving oversight and accountability in adult guardianship cases for those with disabilities, according to the Illinois General Assembly.

In the House, 75 Democrats and six Republicans supported the bill, with 28 Republicans voting against it.

In the Senate, votes in favor came from 40 Democrats and 19 Republicans.

Howard brought the proposal forward in the Illinois House on Feb. 7, 2025, during the 104th session.

The measure, HB3811, cleared the General Assembly on May 31, 2026, in session 104.

According to the Illinois General Assembly's summary: "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."

Our summary, based on the detailed bill text, is provided to clarify key details.

The legislation revises the Hospital Licensing Act, Nursing Home Care Act, and the Probate Act of 1975, altering the state's process for appointing guardians for adults with disabilities. Hospitals and facilities must notify the Office of State Guardian and the public guardian when an adult patient lacks decisional capacity and is without close assistance. The law creates the role of private professional guardians, setting requirements for certifications, specifically requiring the National Master Guardian designation for those serving at least 15 wards, with mandated background checks and possible removal if requirements are unmet. Oversight and accountability in adult guardianship situations are key focuses of the measure.

The bill was backed by Rep. Martha Deuter (Democrat-45th District), Rep. Dagmara Avelar (Democrat-85th District), Rep. Diane Blair-Sherlock (Democrat-46th District), and 17 additional sponsors.

Bills in Illinois undergo a multi-step legislative process that starts with introduction, moves through committees, floor debates, and votes in both chambers before reaching the governor's desk. The General Assembly operates on a biennial basis, considering many bills each session, with only some completing the process to become law.

More information on bills and legislative activities is available here.

Howard received her BA from the University of Illinois at Urbana-Champaign in 1993 and earned her JD from DePaul University in 1996.

Howard is a Democrat elected to Illinois' 42nd House District in 2023, succeeding Amy L. Grant.

Legislators tagged as "Not Voting" were in attendance during the vote but did not register a vote, while those marked "Excused Absence" were absent with recognized reasons for missing the vote.

Both chambers also took an additional vote on a concurrence matter related to the bill before final passage. That vote is noted below for reference.