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| Public Act 102-0258 | ||||
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Probate Act of 1975 is amended by changing | ||||
Section 11a-17 as follows:
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(755 ILCS 5/11a-17) (from Ch. 110 1/2, par. 11a-17)
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Sec. 11a-17. Duties of personal guardian.
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(a) To the extent ordered by the court and under the | ||||
direction of the
court, the guardian of the person shall have | ||||
custody of the ward and the
ward's minor and adult dependent | ||||
children and shall procure for them and shall
make provision | ||||
for their support, care, comfort, health, education and
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maintenance, and professional services as are appropriate, but | ||||
the ward's
spouse may not be deprived of the custody and | ||||
education of the ward's minor
and adult dependent children, | ||||
without the consent of the spouse, unless the
court finds that | ||||
the spouse is not a fit and competent person to have that
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custody and education. The guardian shall assist the ward in | ||||
the
development of maximum self-reliance and independence. The | ||||
guardian of the
person may petition the court for an order | ||||
directing the guardian of the
estate to pay an amount | ||||
periodically for the provision of the services
specified by | ||||
the court order. If the ward's estate is insufficient to
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provide for education and the guardian of the ward's person | ||
fails to
provide education, the court may award the custody of | ||
the ward to some
other person for the purpose of providing | ||
education. If a person makes a
settlement upon or provision | ||
for the support or education of a ward, the
court may make an | ||
order for the visitation of the ward by the person making
the | ||
settlement or provision as the court deems proper. A guardian | ||
of the person may not admit a ward to a mental health facility | ||
except at the ward's request as provided in Article IV of the | ||
Mental Health and Developmental Disabilities Code and unless | ||
the ward has the capacity to consent to such admission as | ||
provided in Article IV of the Mental Health and Developmental | ||
Disabilities Code.
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(a-3) If a guardian of an estate has not been appointed, | ||
the guardian of the person may, without an order of court, | ||
open, maintain, and transfer funds to an ABLE account on | ||
behalf of the ward and the ward's minor and adult dependent | ||
children as specified under Section 16.6 of the State | ||
Treasurer Act. | ||
(a-5) If the ward filed a petition for dissolution of | ||
marriage under the
Illinois
Marriage and Dissolution of | ||
Marriage Act before the ward was adjudicated a
person with a | ||
disability under this Article, the guardian of the ward's | ||
person and estate may
maintain that
action for
dissolution of | ||
marriage on behalf of the ward. Upon petition by the guardian | ||
of the ward's person or estate, the court may authorize and | ||
direct a guardian of the ward's person or estate to file a | ||
petition for dissolution of marriage or to file a petition for | ||
legal separation or declaration of invalidity of marriage | ||
under the Illinois Marriage and Dissolution of Marriage Act on | ||
behalf of the ward if the court finds by clear and convincing | ||
evidence that the relief sought is in the ward's best | ||
interests. In making its determination, the court shall | ||
consider the standards set forth in subsection (e) of this | ||
Section. | ||
(a-10) Upon petition by the guardian of the ward's person | ||
or estate, the court may authorize and direct a guardian of the | ||
ward's person or estate to consent, on behalf of the ward, to | ||
the ward's marriage pursuant to Part II of the Illinois | ||
Marriage and Dissolution of Marriage Act if the court finds by | ||
clear and convincing evidence that the marriage is in the | ||
ward's best interests. In making its determination, the court | ||
shall consider the standards set forth in subsection (e) of | ||
this Section. Upon presentation of a court order authorizing | ||
and directing a guardian of the ward's person and estate to | ||
consent to the ward's marriage, the county clerk shall accept | ||
the guardian's application, appearance, and signature on | ||
behalf of the ward for purposes of issuing a license to marry | ||
under Section 203 of the Illinois Marriage and Dissolution of | ||
Marriage Act.
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(b) If the court directs, the guardian of the person shall | ||
file
with the court at intervals indicated by the court, a | ||
report that
shall state briefly: (1) the current mental, | ||
physical, and social
condition of the ward and the ward's | ||
minor and adult dependent children; (2)
their present living | ||
arrangement, and a description and the address of
every | ||
residence where they lived during the reporting period and the | ||
length
of stay at each place; (3) a summary of the medical, | ||
educational,
vocational, and other professional services given | ||
to them; (4) a resume of
the guardian's visits with and | ||
activities on behalf of the ward and the ward's
minor and adult | ||
dependent children; (5) a recommendation as to the need for
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continued guardianship; (6) any other information requested by | ||
the court or
useful in the opinion of the guardian. The Office | ||
of the State Guardian
shall assist the guardian in filing the | ||
report when requested by the
guardian. The court may take such | ||
action as it deems appropriate pursuant
to the report.
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(c) Absent court order pursuant to the Illinois Power of | ||
Attorney Act
directing a guardian to exercise powers of the | ||
principal under an agency
that survives disability, the | ||
guardian has no power, duty, or liability
with respect to any | ||
personal or health care matters covered by the agency.
This | ||
subsection (c) applies to all agencies, whenever and wherever | ||
executed.
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(d) A guardian acting as a surrogate decision maker under | ||
the Health
Care Surrogate Act shall have all the rights of a | ||
surrogate under that Act
without court order including the | ||
right to make medical treatment decisions
such as decisions to | ||
forgo or withdraw life-sustaining treatment.
Any decisions by | ||
the guardian to forgo or withdraw life-sustaining treatment
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that are not authorized under the Health Care Surrogate Act | ||
shall require a
court order. Nothing in this Section shall | ||
prevent an agent acting under a
power of attorney for health | ||
care from exercising his or her authority under
the Illinois | ||
Power of Attorney Act without further court order, unless a | ||
court
has acted under Section 2-10 of the Illinois Power of | ||
Attorney Act. If a
guardian is also a health care agent for the | ||
ward under a valid power of
attorney for health care, the | ||
guardian acting as agent may execute his or her
authority | ||
under that act without further court order.
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(e) Decisions made by a guardian on behalf of a ward shall | ||
be made in
accordance with the following
standards for | ||
decision making. The guardian shall consider the ward's | ||
current preferences to the extent the ward has the ability to | ||
participate in decision making when those preferences are | ||
known or reasonably ascertainable by the guardian. Decisions | ||
by the guardian shall conform to the ward's current | ||
preferences:
(1) unless the guardian reasonably believes that | ||
doing
so would result in substantial harm to the ward's | ||
welfare or personal or financial interests; and
(2) so long as | ||
such decisions give substantial weight Decisions made by a | ||
guardian on behalf of a ward
may be made by conforming as | ||
closely as possible to what the ward, if
competent, would have | ||
done or intended under the circumstances, taking into
account | ||
evidence that includes, but is not limited to, the ward's | ||
personal,
philosophical, religious and moral beliefs, and | ||
ethical values relative to the
decision to be made by the | ||
guardian. Where possible, the guardian shall
determine how the | ||
ward would have made a decision based on the ward's
previously | ||
expressed preferences, and make decisions in accordance with | ||
the
preferences of the ward. If the ward's wishes are unknown | ||
and remain unknown
after reasonable efforts to discern them, | ||
or if the guardian reasonably believes that a decision made in | ||
conformity with the ward's preferences would result in | ||
substantial harm to the ward's welfare or personal or | ||
financial interests, the decision shall be made on the
basis | ||
of the ward's best interests as determined by the guardian. In
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determining the ward's best interests, the guardian shall | ||
weigh the reason for
and nature of the proposed action, the | ||
benefit or necessity of the action, the
possible risks and | ||
other consequences of the proposed action, and any available
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alternatives and their risks, consequences and benefits, and | ||
shall take into
account any other information, including the | ||
views of family and friends, that
the guardian believes the | ||
ward would have considered if able to act for herself
or | ||
himself.
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(f) Upon petition by any interested person (including the | ||
standby or
short-term guardian), with such notice to | ||
interested persons as the court
directs and a finding by the | ||
court that it is in the best interest of the
person with a | ||
disability, the court may terminate or limit the authority of | ||
a standby or
short-term guardian or may enter such other | ||
orders as the court deems necessary
to provide for the best | ||
interest of the person with a disability. The petition
for | ||
termination or limitation of the authority of a standby or | ||
short-term
guardian may, but need not, be combined with a | ||
petition to have another
guardian appointed for the person | ||
with a disability. | ||
(g)(1) Unless there is a court order to the contrary, the | ||
guardian, consistent with the standards set forth in | ||
subsection (e) of this Section, shall use reasonable efforts | ||
to notify the ward's known adult children, who have requested | ||
notification and provided contact information, of the ward's | ||
admission to a hospital or hospice program, the ward's death, | ||
and the arrangements for the disposition of the ward's | ||
remains. | ||
(2) If a guardian unreasonably prevents an adult child, | ||
spouse, adult grandchild, parent, or adult sibling of the ward | ||
from visiting the ward, the court, upon a verified petition, | ||
may order the guardian to permit visitation between the ward | ||
and the adult child, spouse, adult grandchild, parent, or | ||
adult sibling. In making its determination, the court shall | ||
consider the standards set forth in subsection (e) of this | ||
Section. The court shall not allow visitation if the court | ||
finds that the ward has capacity to evaluate and communicate | ||
decisions regarding visitation and expresses a desire not to | ||
have visitation with the petitioner. This subsection (g) does | ||
not apply to duly appointed public guardians or the Office of | ||
State Guardian.
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(Source: P.A. 100-1054, eff. 1-1-19; 101-329, eff. 8-9-19.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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