Illinois HB5288 amends the Probate Act of 1975 to regulate the right to marry for individuals under guardianship.
HB5288 modifies the Probate Act of 1975 to allow a court to remove the right to marry for individuals under guardianship if the court finds by clear and convincing evidence that the individual lacks the capacity to understand the nature, effect, duties, and obligations of marriage and that entering into marriage is contrary to the individual's best interests. The bill specifies conditions under which an individual from whom the right to marry has been removed may still marry, including with the consent of the guardian or upon court authorization.
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- Overview
- Core Provisions
- Implementation
- Impact
- Legal Framework
- Critical Issues
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