Illinois General Assembly - Full Text of HB0266
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Full Text of HB0266  102nd General Assembly




HB0266 EnrolledLRB102 04304 LNS 14322 b

1    AN ACT concerning civil law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
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
17the spouse is not a fit and competent person to have that
18custody and education. The guardian shall assist the ward in
19the development of maximum self-reliance and independence. The
20guardian of the person may petition the court for an order
21directing the guardian of the estate to pay an amount
22periodically for the provision of the services specified by
23the court order. If the ward's estate is insufficient to



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1provide for education and the guardian of the ward's person
2fails to provide education, the court may award the custody of
3the ward to some other person for the purpose of providing
4education. If a person makes a settlement upon or provision
5for the support or education of a ward, the court may make an
6order for the visitation of the ward by the person making the
7settlement or provision as the court deems proper. A guardian
8of the person may not admit a ward to a mental health facility
9except at the ward's request as provided in Article IV of the
10Mental Health and Developmental Disabilities Code and unless
11the ward has the capacity to consent to such admission as
12provided in Article IV of the Mental Health and Developmental
13Disabilities Code.
14    (a-3) If a guardian of an estate has not been appointed,
15the guardian of the person may, without an order of court,
16open, maintain, and transfer funds to an ABLE account on
17behalf of the ward and the ward's minor and adult dependent
18children as specified under Section 16.6 of the State
19Treasurer Act.
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 person with a
23disability under this Article, the guardian of the ward's
24person and estate may maintain that action for dissolution of
25marriage on behalf of the ward. Upon petition by the guardian
26of the ward's person or estate, the court may authorize and



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



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



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1forgo or withdraw life-sustaining treatment. Any decisions by
2the guardian to forgo or withdraw life-sustaining treatment
3that are not authorized under the Health Care Surrogate Act
4shall require a court order. Nothing in this Section shall
5prevent an agent acting under a power of attorney for health
6care from exercising his or her authority under the Illinois
7Power of Attorney Act without further court order, unless a
8court has acted under Section 2-10 of the Illinois Power of
9Attorney Act. If a guardian is also a health care agent for the
10ward under a valid power of attorney for health care, the
11guardian acting as agent may execute his or her authority
12under that act without further court order.
13    (e) Decisions made by a guardian on behalf of a ward shall
14be made in accordance with the following standards for
15decision making. The guardian shall consider the ward's
16current preferences to the extent the ward has the ability to
17participate in decision making when those preferences are
18known or reasonably ascertainable by the guardian. Decisions
19by the guardian shall conform to the ward's current
20preferences: (1) unless the guardian reasonably believes that
21doing so would result in substantial harm to the ward's
22welfare or personal or financial interests; and (2) so long as
23such decisions give substantial weight Decisions made by a
24guardian on behalf of a ward may be made by conforming as
25closely as possible to what the ward, if competent, would have
26done or intended under the circumstances, taking into account



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1evidence that includes, but is not limited to, the ward's
2personal, philosophical, religious and moral beliefs, and
3ethical values relative to the decision to be made by the
4guardian. Where possible, the guardian shall determine how the
5ward would have made a decision based on the ward's previously
6expressed preferences, and make decisions in accordance with
7the preferences of the ward. If the ward's wishes are unknown
8and remain unknown after reasonable efforts to discern them,
9or if the guardian reasonably believes that a decision made in
10conformity with the ward's preferences would result in
11substantial harm to the ward's welfare or personal or
12financial interests, the decision shall be made on the basis
13of the ward's best interests as determined by the guardian. In
14determining the ward's best interests, the guardian shall
15weigh the reason for and nature of the proposed action, the
16benefit or necessity of the action, the possible risks and
17other consequences of the proposed action, and any available
18alternatives and their risks, consequences and benefits, and
19shall take into account any other information, including the
20views of family and friends, that the guardian believes the
21ward would have considered if able to act for herself or
23    (f) Upon petition by any interested person (including the
24standby or short-term guardian), with such notice to
25interested persons as the court directs and a finding by the
26court that it is in the best interest of the person with a



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1disability, the court may terminate or limit the authority of
2a standby or short-term guardian or may enter such other
3orders as the court deems necessary to provide for the best
4interest of the person with a disability. The petition for
5termination or limitation of the authority of a standby or
6short-term guardian may, but need not, be combined with a
7petition to have another guardian appointed for the person
8with a disability.
9    (g)(1) Unless there is a court order to the contrary, the
10guardian, consistent with the standards set forth in
11subsection (e) of this Section, shall use reasonable efforts
12to notify the ward's known adult children, who have requested
13notification and provided contact information, of the ward's
14admission to a hospital or hospice program, the ward's death,
15and the arrangements for the disposition of the ward's
17    (2) If a guardian unreasonably prevents an adult child,
18spouse, adult grandchild, parent, or adult sibling of the ward
19from visiting the ward, the court, upon a verified petition,
20may order the guardian to permit visitation between the ward
21and the adult child, spouse, adult grandchild, parent, or
22adult sibling. In making its determination, the court shall
23consider the standards set forth in subsection (e) of this
24Section. The court shall not allow visitation if the court
25finds that the ward has capacity to evaluate and communicate
26decisions regarding visitation and expresses a desire not to



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1have visitation with the petitioner. This subsection (g) does
2not apply to duly appointed public guardians or the Office of
3State Guardian.
4(Source: P.A. 100-1054, eff. 1-1-19; 101-329, eff. 8-9-19.)
5    Section 99. Effective date. This Act takes effect upon
6becoming law.