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91_SB0289eng SB289 Engrossed 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 SB289 Engrossed -2- LRB9100972DJcdA 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 and estate may maintain that action for dissolution of 7 marriage on 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 SB289 Engrossed -3- LRB9100972DJcdA 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 SB289 Engrossed -4- LRB9100972DJcdA 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.)