State of Illinois
91st General Assembly
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Public Act 91-0139

SB289 Enrolled                                LRB9100972DJcdA

    AN ACT to amend the  Probate  Act  of  1975  by  changing
Section 11a-17.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.   The  Probate  Act  of  1975  is  amended  by
changing Section 11a-17 as follows:

    (755 ILCS 5/11a-17) (from Ch. 110 1/2, par. 11a-17)
    Sec. 11a-17.  Duties of personal guardian.
    (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; shall procure for them and shall make provision for
their   support,   care,   comfort,   health,  education  and
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  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 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-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 disabled
person 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.
    (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  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.
    (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.
    (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 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.
    (e)  Decisions made by a guardian on  behalf  of  a  ward
shall  be made in accordance with the following standards for
decision making. 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,  the
decision  shall  be  made  on  the  basis  of the ward's best
interests as determined by the guardian. In  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
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.
    (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 disabled person,
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
disabled person.  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 disabled person.
(Source: P.A. 90-250, eff. 7-29-97; 90-796, eff. 12-15-98.)

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