Public Act 098-1107
 
SB2954 EnrolledLRB098 17135 HEP 52222 b


  
    AN ACT concerning civil law.
  
 
    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 and 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 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. 

    (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. 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. 

    (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. 96-612, eff. 1-1-10.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.