Sen. Ira I. Silverstein

Filed: 3/20/2014

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2954

2    AMENDMENT NO. ______. Amend Senate Bill 2954 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Probate Act of 1975 is amended by changing
5Section 11a-17 as follows:
 
6    (755 ILCS 5/11a-17)  (from Ch. 110 1/2, par. 11a-17)
7    Sec. 11a-17. Duties of personal guardian.
8    (a) To the extent ordered by the court and under the
9direction of the court, the guardian of the person shall have
10custody of the ward and the ward's minor and adult dependent
11children and shall procure for them and shall make provision
12for their support, care, comfort, health, education and
13maintenance, and professional services as are appropriate, but
14the ward's spouse may not be deprived of the custody and
15education of the ward's minor and adult dependent children,
16without the consent of the spouse, unless the court finds that

 

 

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1the spouse is not a fit and competent person to have that
2custody and education. The guardian shall assist the ward in
3the development of maximum self-reliance and independence. The
4guardian of the person may petition the court for an order
5directing the guardian of the estate to pay an amount
6periodically for the provision of the services specified by the
7court order. If the ward's estate is insufficient to provide
8for education and the guardian of the ward's person fails to
9provide education, the court may award the custody of the ward
10to some other person for the purpose of providing education. If
11a person makes a settlement upon or provision for the support
12or education of a ward, the court may make an order for the
13visitation of the ward by the person making the settlement or
14provision as the court deems proper. A guardian of the person
15may not admit a ward to a mental health facility except at the
16ward's request as provided in Article IV of the Mental Health
17and Developmental Disabilities Code and unless the ward has the
18capacity to consent to such admission as provided in Article IV
19of the Mental Health and Developmental Disabilities Code.
20    (a-5) If the ward filed a petition for dissolution of
21marriage under the Illinois Marriage and Dissolution of
22Marriage Act before the ward was adjudicated a disabled person
23under this Article, the guardian of the ward's person and
24estate may maintain that action for dissolution of marriage on
25behalf of the ward. Upon petition by the guardian of the ward's
26person or estate, the court may authorize and direct a guardian

 

 

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1of the ward's person or estate to file a petition for
2dissolution of marriage under the Illinois Marriage and
3Dissolution of Marriage Act on behalf of the ward if the court
4finds by clear and convincing evidence that the dissolution is
5in the ward's best interests. In making its determination the
6court shall consider the standards set forth in subsection (e)
7of this Section.
8    (a-10) Upon petition by the guardian of the ward's person
9or estate, the court may authorize and direct a guardian of the
10ward's person or estate to consent, on behalf of the ward, to
11the ward's marriage pursuant to Part II of the Illinois
12Marriage and Dissolution of Marriage Act if the court finds by
13clear and convincing evidence that the marriage is in the
14ward's best interests. In making its determination the court
15shall consider the standards set forth in subsection (e) of
16this Section. Upon presentation of a court order authorizing
17and directing a guardian of the ward's person and estate to
18consent to the ward's marriage, the county clerk shall accept
19the guardian's application, appearance, and signature on
20behalf of the ward for purposes of issuing a license to marry
21under Section 203 of the Illinois Marriage and Dissolution of
22Marriage Act.
23    (b) If the court directs, the guardian of the person shall
24file with the court at intervals indicated by the court, a
25report that shall state briefly: (1) the current mental,
26physical, and social condition of the ward and the ward's minor

 

 

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1and adult dependent children; (2) their present living
2arrangement, and a description and the address of every
3residence where they lived during the reporting period and the
4length of stay at each place; (3) a summary of the medical,
5educational, vocational, and other professional services given
6to them; (4) a resume of the guardian's visits with and
7activities on behalf of the ward and the ward's minor and adult
8dependent children; (5) a recommendation as to the need for
9continued guardianship; (6) any other information requested by
10the court or useful in the opinion of the guardian. The Office
11of the State Guardian shall assist the guardian in filing the
12report when requested by the guardian. The court may take such
13action as it deems appropriate pursuant to the report.
14    (c) Absent court order pursuant to the Illinois Power of
15Attorney Act directing a guardian to exercise powers of the
16principal under an agency that survives disability, the
17guardian has no power, duty, or liability with respect to any
18personal or health care matters covered by the agency. This
19subsection (c) applies to all agencies, whenever and wherever
20executed.
21    (d) A guardian acting as a surrogate decision maker under
22the Health Care Surrogate Act shall have all the rights of a
23surrogate under that Act without court order including the
24right to make medical treatment decisions such as decisions to
25forgo or withdraw life-sustaining treatment. Any decisions by
26the guardian to forgo or withdraw life-sustaining treatment

 

 

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1that are not authorized under the Health Care Surrogate Act
2shall require a court order. Nothing in this Section shall
3prevent an agent acting under a power of attorney for health
4care from exercising his or her authority under the Illinois
5Power of Attorney Act without further court order, unless a
6court has acted under Section 2-10 of the Illinois Power of
7Attorney Act. If a guardian is also a health care agent for the
8ward under a valid power of attorney for health care, the
9guardian acting as agent may execute his or her authority under
10that act without further court order.
11    (e) Decisions made by a guardian on behalf of a ward shall
12be made in accordance with the following standards for decision
13making. Decisions made by a guardian on behalf of a ward may be
14made by conforming as closely as possible to what the ward, if
15competent, would have done or intended under the circumstances,
16taking into account evidence that includes, but is not limited
17to, the ward's personal, philosophical, religious and moral
18beliefs, and ethical values relative to the decision to be made
19by the guardian. Where possible, the guardian shall determine
20how the ward would have made a decision based on the ward's
21previously expressed preferences, and make decisions in
22accordance with the preferences of the ward. If the ward's
23wishes are unknown and remain unknown after reasonable efforts
24to discern them, the decision shall be made on the basis of the
25ward's best interests as determined by the guardian. In
26determining the ward's best interests, the guardian shall weigh

 

 

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1the reason for and nature of the proposed action, the benefit
2or necessity of the action, the possible risks and other
3consequences of the proposed action, and any available
4alternatives and their risks, consequences and benefits, and
5shall take into account any other information, including the
6views of family and friends, that the guardian believes the
7ward would have considered if able to act for herself or
8himself.
9    (f) Upon petition by any interested person (including the
10standby or short-term guardian), with such notice to interested
11persons as the court directs and a finding by the court that it
12is in the best interest of the disabled person, the court may
13terminate or limit the authority of a standby or short-term
14guardian or may enter such other orders as the court deems
15necessary to provide for the best interest of the disabled
16person. The petition for termination or limitation of the
17authority of a standby or short-term guardian may, but need
18not, be combined with a petition to have another guardian
19appointed for the disabled person.
20(Source: P.A. 96-612, eff. 1-1-10.)
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.".