---
type: "Bill"
title: "PROBATE ACT - GUARDIANS"
description: "Amends the Probate Act of 1975. Provides that a court lacks jurisdiction to proceed on a petition for the appointment of a guardian of a minor if it finds that there is a short-term guardian appointed who is fit, willing, and able to care for the minor and that when the petitioner is not the short-term guardian of the minor, there shall be a rebuttable presumption that the short-term guardian of the minor is fit, willing, and able to care for the minor and that the petitioner shall have the burden of proving that the short-term guardian is not fit, willing, or able to care for the minor or that the short-term guardianship has been vacated. Further provides that the appointment of a short-term guardian does not constitute parental consent for court appointment of a guardian. Provides that if a short-term guardian appointed by the minor's parent or guardian petitions for guardianship or standby guardianship, his or her petition must state certain facts concerning his or her appointment as short-term guardian and include a copy of the short-term guardianship appointment with the petition. Provides that a guardian of a minor shall not remove a minor from the State for more than 30 days without first petitioning the court for removal and obtaining leave of the court."
jurisdiction: "us/states/il"
legislature: "Illinois General Assembly"
session: "98th"
identifier: "HB 5686"
citation: "Illinois HB 5686 (98th)"
classification: ["bill"]
subjects: []
status: "enacted"
primary_sponsors: []
version_count: 3
action_count: 56
vote_count: 3
first_action: "2014-02-14"
last_action: "2014-08-26"
source: "openstates"
source_identifier: "ocd-bill/2607f52b-c796-404e-875f-6b124ac00603"
source_url: "http://ilga.gov/legislation/BillStatus.asp?DocNum=5686&GAID=12&DocTypeID=HB&LegId=80850&SessionID=85&GA=98"
source_hash: "3f56a5af4174e5e6736acdce776c6ae48b395eac1f1a4f1c62c33bd8b13732c5"
vintage: "2026-07-01"
source_snapshot: "https://data.openstates.org/daily/2026-07-01/public.pgdump"
retrieved_at: "2026-07-06"
confidence: "reported"
tags: ["legislation", "bill", "us-il"]
---

# Illinois HB 5686 (98th) — PROBATE ACT - GUARDIANS

Amends the Probate Act of 1975. Provides that a court lacks jurisdiction to proceed on a petition for the appointment of a guardian of a minor if it finds that there is a short-term guardian appointed who is fit, willing, and able to care for the minor and that when the petitioner is not the short-term guardian of the minor, there shall be a rebuttable presumption that the short-term guardian of the minor is fit, willing, and able to care for the minor and that the petitioner shall have the burden of proving that the short-term guardian is not fit, willing, or able to care for the minor or that the short-term guardianship has been vacated. Further provides that the appointment of a short-term guardian does not constitute parental consent for court appointment of a guardian. Provides that if a short-term guardian appointed by the minor's parent or guardian petitions for guardianship or standby guardianship, his or her petition must state certain facts concerning his or her appointment as short-term guardian and include a copy of the short-term guardianship appointment with the petition. Provides that a guardian of a minor shall not remove a minor from the State for more than 30 days without first petitioning the court for removal and obtaining leave of the court.

## Version chain

The bill's text revisions, in order — the diff chain from filing to enrollment.

1. **Introduced** (filed) — [source](http://ilga.gov/legislation/fulltext.asp?DocName=09800HB5686&GA=98&SessionId=85&DocTypeId=HB&LegID=80850&DocNum=5686&GAID=12&Session=&print=true)
2. **Engrossed** (committee substitute) — [source](http://ilga.gov/legislation/fulltext.asp?DocName=09800HB5686eng&GA=98&SessionId=85&DocTypeId=HB&LegID=80850&DocNum=5686&GAID=12&Session=&print=true)
3. **Enrolled** (enrolled) — [source](http://ilga.gov/legislation/fulltext.asp?DocName=09800HB5686enr&GA=98&SessionId=85&DocTypeId=HB&LegID=80850&DocNum=5686&GAID=12&Session=&print=true)

## Votes

- Concurrence, Amendment 1 — **114–1** (pass) · lower
- Third Reading — **109–0** (pass) · lower
- Third Reading — **57–0** (pass) · upper

## Sponsors

- Barbara Flynn Currie — primary (person)

## Timeline

The legislative action history — every referral, reading, and vote.

- **2014-02-14** Filed with the Clerk by Rep. Barbara Flynn Currie `filing`
- **2014-02-14** First Reading `reading-1`
- **2014-02-14** Referred to Rules Committee `referral-committee`
- **2014-03-13** Assigned to Judiciary `referral-committee`
- **2014-03-26** Do Pass / Short Debate Judiciary; 016-000-000 `committee-passage`
- **2014-03-26** Placed on Calendar 2nd Reading - Short Debate
- **2014-04-01** Added Co-Sponsor Rep. Sara Feigenholtz
- **2014-04-01** House Floor Amendment No. 1 Filed with Clerk by Rep. Barbara Flynn Currie `amendment-introduction`
- **2014-04-01** House Floor Amendment No. 1 Referred to Rules Committee `referral-committee`
- **2014-04-01** Added Chief Co-Sponsor Rep. Robyn Gabel
- **2014-04-01** Added Co-Sponsor Rep. Ann Williams
- **2014-04-02** House Floor Amendment No. 2 Filed with Clerk by Rep. Barbara Flynn Currie `amendment-introduction`
- **2014-04-02** House Floor Amendment No. 2 Referred to Rules Committee `referral-committee`
- **2014-04-03** House Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 005-000-000 `committee-passage-favorable`
- **2014-04-03** Second Reading - Short Debate `reading-2`
- **2014-04-03** House Floor Amendment No. 2 Adopted `amendment-passage`
- **2014-04-03** Placed on Calendar Order of 3rd Reading - Short Debate
- **2014-04-03** Removed Co-Sponsor Rep. Sara Feigenholtz
- **2014-04-03** Added Chief Co-Sponsor Rep. Sara Feigenholtz
- **2014-04-04** Added Chief Co-Sponsor Rep. Patricia R. Bellock
- **2014-04-04** Third Reading - Short Debate - Passed 109-000-000 `reading-3, passage`
- **2014-04-04** House Floor Amendment No. 1 Tabled Pursuant to Rule 40 `amendment-failure`
- **2014-04-07** Arrive in Senate `introduction`
- **2014-04-07** Placed on Calendar Order of First Reading April 8, 2014 `reading-1`
- **2014-04-08** Chief Senate Sponsor Sen. Mattie Hunter
- **2014-04-08** Added as Alternate Chief Co-Sponsor Sen. Julie A. Morrison
- **2014-04-09** First Reading `reading-1`
- **2014-04-09** Referred to Assignments `referral-committee`
- **2014-04-30** Assigned to Judiciary `referral-committee`
- **2014-05-07** Postponed - Judiciary
- **2014-05-08** Added as Alternate Chief Co-Sponsor Sen. Patricia Van Pelt
- **2014-05-13** Do Pass Judiciary; 010-000-000 `committee-passage`
- **2014-05-13** Placed on Calendar Order of 2nd Reading May 14, 2014
- **2014-05-15** Second Reading `reading-2`
- **2014-05-15** Placed on Calendar Order of 3rd Reading May 19, 2014
- **2014-05-20** Senate Floor Amendment No. 1 Filed with Secretary by Sen. Mattie Hunter `amendment-introduction`
- **2014-05-20** Senate Floor Amendment No. 1 Referred to Assignments `referral-committee`
- **2014-05-20** Senate Floor Amendment No. 1 Assignments Refers to Judiciary
- **2014-05-21** Senate Floor Amendment No. 1 Recommend Do Adopt Judiciary; 009-000-000
- **2014-05-22** Recalled to Second Reading `reading-2`
- **2014-05-22** Senate Floor Amendment No. 1 Adopted; Hunter `amendment-passage`
- **2014-05-22** Placed on Calendar Order of 3rd Reading
- **2014-05-22** Added as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins
- **2014-05-22** Third Reading - Passed; 057-000-000 `reading-3, passage`
- **2014-05-22** Arrived in House `introduction`
- **2014-05-22** Placed on Calendar Order of Concurrence Senate Amendment(s) 1
- **2014-05-26** Senate Floor Amendment No. 1 Motion Filed Concur Rep. Barbara Flynn Currie
- **2014-05-26** Senate Floor Amendment No. 1 Motion to Concur Referred to Rules Committee `referral-committee`
- **2014-05-26** Senate Floor Amendment No. 1 Motion to Concur Recommends Be Adopted Rules Committee; 003-001-000
- **2014-05-29** Senate Floor Amendment No. 1 House Concurs 114-001-000
- **2014-05-29** House Concurs
- **2014-05-29** Passed Both Houses
- **2014-06-27** Sent to the Governor `executive-receipt`
- **2014-08-26** Governor Approved `executive-signature`
- **2014-08-26** Effective Date January 1, 2015
- **2014-08-26** Public Act . . . . . . . . . 98-1082 `became-law`

## Source

OpenStates / OpenCivicData bulk snapshot [2026-07-01](https://data.openstates.org/daily/2026-07-01/public.pgdump); origin `ocd-bill/2607f52b-c796-404e-875f-6b124ac00603`. Confidence: reported (aggregated from official Illinois legislature records).