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91_SB0289
LRB9100972DJcdA
1 AN ACT to amend the Probate Act of 1975 by changing
2 Section 11a-17.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Probate Act of 1975 is amended by
6 changing Section 11a-17 as follows:
7 (755 ILCS 5/11a-17) (from Ch. 110 1/2, par. 11a-17)
8 Sec. 11a-17. Duties of personal guardian.
9 (a) To the extent ordered by the court and under the
10 direction of the court, the guardian of the person shall have
11 custody of the ward and the ward's minor and adult dependent
12 children; shall procure for them and shall make provision for
13 their support, care, comfort, health, education and
14 maintenance, and professional services as are appropriate,
15 but the ward's spouse may not be deprived of the custody and
16 education of the ward's minor and adult dependent children,
17 without the consent of the spouse, unless the court finds
18 that the spouse is not a fit and competent person to have
19 that custody and education. The guardian shall assist the
20 ward in the development of maximum self-reliance and
21 independence. The guardian of the person may petition the
22 court for an order directing the guardian of the estate to
23 pay an amount periodically for the provision of the services
24 specified by the court order. If the ward's estate is
25 insufficient to provide for education and the guardian of the
26 ward's person fails to provide education, the court may award
27 the custody of the ward to some other person for the purpose
28 of providing education. If a person makes a settlement upon
29 or provision for the support or education of a ward, the
30 court may make an order for the visitation of the ward by the
31 person making the settlement or provision as the court deems
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1 proper.
2 (a-5) If the ward filed a petition for dissolution of
3 marriage under the Illinois Marriage and Dissolution of
4 Marriage Act before the ward was adjudicated a disabled
5 person under this Article, the guardian of the ward's person
6 may maintain that action for dissolution of marriage on
7 behalf of the ward.
8 (b) If the court directs, the guardian of the person
9 shall file with the court at intervals indicated by the
10 court, a report that shall state briefly: (1) the current
11 mental, physical, and social condition of the ward and the
12 ward's minor and adult dependent children; (2) their present
13 living arrangement, and a description and the address of
14 every residence where they lived during the reporting period
15 and the length of stay at each place; (3) a summary of the
16 medical, educational, vocational, and other professional
17 services given to them; (4) a resume of the guardian's visits
18 with and activities on behalf of the ward and the ward's
19 minor and adult dependent children; (5) a recommendation as
20 to the need for continued guardianship; (6) any other
21 information requested by the court or useful in the opinion
22 of the guardian. The Office of the State Guardian shall
23 assist the guardian in filing the report when requested by
24 the guardian. The court may take such action as it deems
25 appropriate pursuant to the report.
26 (c) Absent court order pursuant to the Illinois Power of
27 Attorney Act directing a guardian to exercise powers of the
28 principal under an agency that survives disability, the
29 guardian has no power, duty, or liability with respect to any
30 personal or health care matters covered by the agency. This
31 subsection (c) applies to all agencies, whenever and wherever
32 executed.
33 (d) A guardian acting as a surrogate decision maker
34 under the Health Care Surrogate Act shall have all the rights
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1 of a surrogate under that Act without court order including
2 the right to make medical treatment decisions such as
3 decisions to forgo or withdraw life-sustaining treatment. Any
4 decisions by the guardian to forgo or withdraw
5 life-sustaining treatment that are not authorized under the
6 Health Care Surrogate Act shall require a court order.
7 Nothing in this Section shall prevent an agent acting under a
8 power of attorney for health care from exercising his or her
9 authority under the Illinois Power of Attorney Act without
10 further court order, unless a court has acted under Section
11 2-10 of the Illinois Power of Attorney Act. If a guardian is
12 also a health care agent for the ward under a valid power of
13 attorney for health care, the guardian acting as agent may
14 execute his or her authority under that act without further
15 court order.
16 (e) Decisions made by a guardian on behalf of a ward
17 shall be made in accordance with the following standards for
18 decision making. Decisions made by a guardian on behalf of a
19 ward may be made by conforming as closely as possible to what
20 the ward, if competent, would have done or intended under the
21 circumstances, taking into account evidence that includes,
22 but is not limited to, the ward's personal, philosophical,
23 religious and moral beliefs, and ethical values relative to
24 the decision to be made by the guardian. Where possible, the
25 guardian shall determine how the ward would have made a
26 decision based on the ward's previously expressed
27 preferences, and make decisions in accordance with the
28 preferences of the ward. If the ward's wishes are unknown and
29 remain unknown after reasonable efforts to discern them, the
30 decision shall be made on the basis of the ward's best
31 interests as determined by the guardian. In determining the
32 ward's best interests, the guardian shall weigh the reason
33 for and nature of the proposed action, the benefit or
34 necessity of the action, the possible risks and other
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1 consequences of the proposed action, and any available
2 alternatives and their risks, consequences and benefits, and
3 shall take into account any other information, including the
4 views of family and friends, that the guardian believes the
5 ward would have considered if able to act for herself or
6 himself.
7 (f) Upon petition by any interested person (including
8 the standby or short-term guardian), with such notice to
9 interested persons as the court directs and a finding by the
10 court that it is in the best interest of the disabled person,
11 the court may terminate or limit the authority of a standby
12 or short-term guardian or may enter such other orders as the
13 court deems necessary to provide for the best interest of the
14 disabled person. The petition for termination or limitation
15 of the authority of a standby or short-term guardian may, but
16 need not, be combined with a petition to have another
17 guardian appointed for the disabled person.
18 (Source: P.A. 90-250, eff. 7-29-97; 90-796, eff. 12-15-98.)