Illinois General Assembly - Full Text of SB0080
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Full Text of SB0080  102nd General Assembly

SB0080enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
SB0080 EnrolledLRB102 04047 LNS 14063 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
5Sections 11a-1, 11a-3, 11a-3.1, 11a-3.2, 11a-4, 11a-5, 11a-8,
611a-10, 11a-10.1, 11a-12, 11a-17, 11a-17.1, 11a-18, 11a-18.3,
711a-19, 11a-20, 13-1, 18-10, 19-2, 25-4, and 27-1 and by
8adding Section 11a-13.5 as follows:
 
9    (755 ILCS 5/11a-1)  (from Ch. 110 1/2, par. 11a-1)
10    Sec. 11a-1. "Developmental disability" defined.)
11"Developmental disability" means a disability which is
12attributable to: (a) an intellectual disability, cerebral
13palsy, epilepsy or autism; or to (b) any other condition which
14results in impairment similar to that caused by an
15intellectual disability and which requires services similar to
16those required by persons with intellectual disabilities. Such
17disability must originate before the age of 18 years, be
18expected to continue indefinitely, and constitute a
19substantial disability.
20(Source: P.A. 99-143, eff. 7-27-15.)
 
21    (755 ILCS 5/11a-3)  (from Ch. 110 1/2, par. 11a-3)
22    Sec. 11a-3. Adjudication of disability; Power to appoint

 

 

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1guardian.
2    (a) Upon the filing of a petition by a reputable person or
3by the alleged person with a disability himself or on its own
4motion, the court may adjudge a person to be a person with a
5disability, but only if it has been demonstrated by clear and
6convincing evidence that the person is a person with a
7disability as defined in Section 11a-2. If the court adjudges
8a person to be a person with a disability, the court may
9appoint (1) a guardian of his person, if it has been
10demonstrated by clear and convincing evidence that because of
11his disability he lacks sufficient understanding or capacity
12to make or communicate responsible decisions concerning the
13care of his person, or (2) a guardian of his estate, if it has
14been demonstrated by clear and convincing evidence that
15because of his disability he is unable to manage his estate or
16financial affairs, or (3) a guardian of his person and of his
17estate. The court may appoint co-guardians in accordance with
18Section 11a-15.
19    (b) Guardianship shall be utilized only as is necessary to
20promote the well-being of the person with a disability, to
21protect him from neglect, exploitation, or abuse, and to
22encourage development of his maximum self-reliance and
23independence. Guardianship shall be ordered only to the extent
24necessitated by the individual's actual mental, physical and
25adaptive limitations. The order shall conform with Sections
2611a-12 and 11a-14.

 

 

SB0080 Enrolled- 3 -LRB102 04047 LNS 14063 b

1(Source: P.A. 99-143, eff. 7-27-15.)
 
2    (755 ILCS 5/11a-3.1)
3    Sec. 11a-3.1. Appointment of standby guardian.
4    (a) The guardian of a person with a disability may
5designate in any writing, including a will, a person qualified
6to act under Section 11a-5 to be appointed as standby guardian
7of the person or estate, or both, of the person with a
8disability. The guardian may designate in any writing,
9including a will, a person qualified to act under Section
1011a-5 to be appointed as successor standby guardian of the
11person or estate of the person with a disability, or both. The
12designation must be witnessed by 2 or more credible witnesses
13at least 18 years of age, neither of whom is the person
14designated as the standby guardian. The designation may be
15proved by any competent evidence. If the designation is
16executed and attested in the same manner as a will, it shall
17have prima facie validity. Prior to designating a proposed
18standby guardian, the guardian shall consult with the person
19with a disability to determine the preference of the person
20with a disability as to the person who will serve as standby
21guardian. The guardian shall give due consideration to the
22preference of the person with a disability in selecting a
23standby guardian.
24    (b) Upon the filing of a petition for the appointment of a
25standby guardian, the court may appoint a standby guardian of

 

 

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1the person or estate, or both, of the person with a disability
2as the court finds to be in the best interests interest of the
3person with a disability. The court shall apply the same
4standards used in determining the suitability of a plenary or
5limited guardian in determining the suitability of a standby
6guardian, giving due consideration to the preference of the
7person with a disability as to a standby guardian. The court
8may not appoint the Office of State Guardian, pursuant to
9Section 30 of the Guardianship and Advocacy Act, or a public
10guardian, pursuant to Section 13-5 of this Act, as a standby
11guardian, without the written consent of the State Guardian or
12public guardian or an authorized representative of the State
13Guardian or public guardian.
14    (c) The standby guardian shall take and file an oath or
15affirmation that the standby guardian will faithfully
16discharge the duties of the office of standby guardian
17according to law, and shall file in and have approved by the
18court a bond binding the standby guardian so to do, but shall
19not be required to file a bond until the standby guardian
20assumes all duties as guardian of the person with a disability
21under Section 11a-18.2.
22    (d) The designation of a standby guardian may, but need
23not, be in the following form:
24
DESIGNATION OF STANDBY GUARDIAN
25
[IT IS IMPORTANT TO READ THE FOLLOWING INSTRUCTIONS:
26        A standby guardian is someone who has been appointed

 

 

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1    by the court as the person who will act as guardian of the
2    person with a disability when the guardian of the person
3    with a disability dies or is no longer willing or able to
4    make and carry out day-to-day care decisions concerning
5    the person with a disability. By properly completing this
6    form, a guardian is naming the person that the guardian
7    wants to be appointed as the standby guardian of the
8    person with a disability. Signing the form does not
9    appoint the standby guardian; to be appointed, a petition
10    must be filed in and approved by the court.]
11        1. Guardian and Ward. I, (insert name of designating
12    guardian), currently residing at (insert address of
13    designating guardian), am the guardian of the following
14    person with a disability: (insert name of ward).
15        2. Standby Guardian. I hereby designate the following
16    person to be appointed as standby guardian for my ward
17    listed above: (insert name and address of person
18    designated).
19        3. Successor Standby Guardian. If the person named in
20    item 2 above cannot or will not act as standby guardian, I
21    designate the following person to be appointed as
22    successor standby guardian for my ward: (insert name and
23    address of person designated).
24        4. Date and Signature. This designation is made this
25    (insert day) day of (insert month and year).
26        Signed: (designating guardian)

 

 

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1        5. Witnesses. I saw the guardian sign this designation
2    or the guardian told me that the guardian signed this
3    designation. Then I signed the designation as a witness in
4    the presence of the guardian. I am not designated in this
5    instrument to act as a standby guardian for the guardian's
6    ward. (insert space for names, addresses, and signatures
7    of 2 witnesses)
8
[END OF FORM]
9(Source: P.A. 99-143, eff. 7-27-15.)
 
10    (755 ILCS 5/11a-3.2)
11    Sec. 11a-3.2. Short-term guardian.
12    (a) The guardian of a person with a disability may appoint
13in writing, without court approval, a short-term guardian of
14the person with a disability to take over the guardian's
15duties, to the extent provided in Section 11a-18.3, each time
16the guardian is unavailable or unable to carry out those
17duties. The guardian shall consult with the person with a
18disability to determine the preference of the person with a
19disability concerning the person to be appointed as short-term
20guardian and the guardian shall give due consideration to the
21preference of the person with a disability in choosing a
22short-term guardian. The written instrument appointing a
23short-term guardian shall be dated and shall identify the
24appointing guardian, the person with a disability, the person
25appointed to be the short-term guardian, and the termination

 

 

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1date of the appointment. The written instrument shall be
2signed by, or at the direction of, the appointing guardian in
3the presence of at least 2 credible witnesses at least 18 years
4of age, neither of whom is the person appointed as the
5short-term guardian. The person appointed as the short-term
6guardian shall also sign the written instrument, but need not
7sign at the same time as the appointing guardian. A guardian
8may not appoint the Office of State Guardian or a public
9guardian as a short-term guardian, without the written consent
10of the State Guardian or public guardian or an authorized
11representative of the State Guardian or public guardian.
12    (b) The appointment of the short-term guardian is
13effective immediately upon the date the written instrument is
14executed, unless the written instrument provides for the
15appointment to become effective upon a later specified date or
16event. A short-term guardian appointed by the guardian shall
17have authority to act as guardian of the person with a
18disability for a cumulative total of 60 days during any
1912-month 12 month period. Only one written instrument
20appointing a short-term guardian may be in force at any given
21time.
22    (c) Every appointment of a short-term guardian may be
23amended or revoked by the appointing guardian at any time and
24in any manner communicated to the short-term guardian or to
25any other person. Any person other than the short-term
26guardian to whom a revocation or amendment is communicated or

 

 

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1delivered shall make all reasonable efforts to inform the
2short-term guardian of that fact as promptly as possible.
3    (d) The appointment of a short-term guardian or successor
4short-term guardian does not affect the rights in the person
5with a disability of any guardian other than the appointing
6guardian.
7    (e) The written instrument appointing a short-term
8guardian may, but need not, be in the following form:
 
9
APPOINTMENT OF SHORT-TERM GUARDIAN
10
[IT IS IMPORTANT TO READ THE FOLLOWING INSTRUCTIONS:
11        By properly completing this form, a guardian is
12    appointing a short-term guardian of the person with a
13    disability for a cumulative total of up to 60 days during
14    any 12-month 12 month period. A separate form shall be
15    completed each time a short-term guardian takes over
16    guardianship duties. The person or persons appointed as
17    the short-term guardian shall sign the form, but need not
18    do so at the same time as the guardian.]
19        1. Guardian and Ward. I, (insert name of appointing
20    guardian), currently residing at (insert address of
21    appointing guardian), am the guardian of the following
22    person with a disability: (insert name of ward).
23        2. Short-term Guardian. I hereby appoint the following
24    person as the short-term guardian for my ward: (insert
25    name and address of appointed person).

 

 

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1        3. Effective date. This appointment becomes effective:
2    (check one if you wish it to be applicable)
3        ( ) On the date that I state in writing that I am no
4    longer either willing or able to make and carry out
5    day-to-day care decisions concerning my ward.
6        ( ) On the date that a physician familiar with my
7    condition certifies in writing that I am no longer willing
8    or able to make and carry out day-to-day care decisions
9    concerning my ward.
10        ( ) On the date that I am admitted as an in-patient to
11    a hospital or other health care institution.
12        ( ) On the following date: (insert date).
13        ( ) Other: (insert other).
14        [NOTE: If this item is not completed, the appointment
15    is effective immediately upon the date the form is signed
16    and dated below.]
17        4. Termination. This appointment shall terminate on:
18    (enter a date corresponding to 60 days from the current
19    date, less the number of days within the past 12 months
20    that any short-term guardian has taken over guardianship
21    duties), unless it terminates sooner as determined by the
22    event or date I have indicated below: (check one if you
23    wish it to be applicable)
24        ( ) On the date that I state in writing that I am
25    willing and able to make and carry out day-to-day care
26    decisions concerning my ward.

 

 

SB0080 Enrolled- 10 -LRB102 04047 LNS 14063 b

1        ( ) On the date that a physician familiar with my
2    condition certifies in writing that I am willing and able
3    to make and carry out day-to-day care decisions concerning
4    my ward.
5        ( ) On the date that I am discharged from the hospital
6    or other health care institution where I was admitted as
7    an in-patient, which established the effective date.
8        ( ) On the date which is (state a number of days) days
9    after the effective date.
10        ( ) Other: (insert other).
11        [NOTE: If this item is not completed, the appointment
12    will be effective until the 60th day within the past year
13    during which time any short-term guardian of this ward had
14    taken over guardianship duties from the guardian,
15    beginning on the effective date.]
16        5. Date and signature of appointing guardian. This
17    appointment is made this (insert day) day of (insert month
18    and year).
19        Signed: (appointing guardian)
20        6. Witnesses. I saw the guardian sign this instrument
21    or I saw the guardian direct someone to sign this
22    instrument for the guardian. Then I signed this instrument
23    as a witness in the presence of the guardian. I am not
24    appointed in this instrument to act as the short-term
25    guardian for the guardian's ward. (insert space for names,
26    addresses, and signatures of 2 witnesses)

 

 

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1        7. Acceptance of short-term guardian. I accept this
2    appointment as short-term guardian on this (insert day)
3    day of (insert month and year).
4        Signed: (short-term guardian)
5
[END OF FORM]
6    (f) Each time the guardian appoints a short-term guardian,
7the guardian shall: (i) provide the person with a disability
8with the name, address, and telephone number of the short-term
9guardian; (ii) advise the person with a disability that he has
10the right to object to the appointment of the short-term
11guardian by filing a petition in court; and (iii) notify the
12person with a disability when the short-term guardian will be
13taking over guardianship duties and the length of time that
14the short-term guardian will be acting as guardian.
15(Source: P.A. 99-143, eff. 7-27-15.)
 
16    (755 ILCS 5/11a-4)  (from Ch. 110 1/2, par. 11a-4)
17    Sec. 11a-4. Temporary guardian.
18    (a) Prior to the appointment of a guardian under this
19Article, pending an appeal in relation to the appointment, or
20pending the completion of a citation proceeding brought
21pursuant to Section 23-3 of this Act, or upon a guardian's
22death, incapacity, or resignation, the court may appoint a
23temporary guardian upon a showing of the necessity therefor
24for the immediate welfare and protection of the alleged person
25with a disability or his or her estate on such notice and

 

 

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1subject to such conditions as the court may prescribe. In
2determining the necessity for temporary guardianship, the
3immediate welfare and protection of the alleged person with a
4disability and his or her estate shall be of paramount
5concern, and the interests of the petitioner, any care
6provider, or any other party shall not outweigh the interests
7of the alleged person with a disability. The temporary
8guardian shall have the limited powers and duties of a
9guardian of the person or of the estate which are specifically
10enumerated by court order. The court order shall state the
11actual harm identified by the court that necessitates
12temporary guardianship or any extension thereof.
13    (b) The temporary guardianship shall expire within 60 days
14after the appointment or whenever a guardian is regularly
15appointed, whichever occurs first. No extension shall be
16granted except:
17        (1) In a case where there has been an adjudication of
18    disability, an extension shall be granted:
19            (i) pending the disposition on appeal of an
20        adjudication of disability;
21            (ii) pending the completion of a citation
22        proceeding brought pursuant to Section 23-3;
23            (iii) pending the appointment of a successor
24        guardian in a case where the former guardian has
25        resigned, has become incapacitated, or is deceased; or
26            (iv) where the guardian's powers have been

 

 

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1        suspended pursuant to a court order.
2        (2) In a case where there has not been an adjudication
3    of disability, an extension shall be granted pending the
4    disposition of a petition brought pursuant to Section
5    11a-8 so long as the court finds it is in the best
6    interests interest of the alleged person with a disability
7    to extend the temporary guardianship so as to protect the
8    alleged person with a disability from any potential abuse,
9    neglect, self-neglect, exploitation, or other harm and
10    such extension lasts no more than 120 days from the date
11    the temporary guardian was originally appointed.
12    The ward shall have the right any time after the
13appointment of a temporary guardian is made to petition the
14court to revoke the appointment of the temporary guardian.
15(Source: P.A. 99-70, eff. 1-1-16; 99-143, eff. 7-27-15;
1699-642, eff. 7-28-16.)
 
17    (755 ILCS 5/11a-5)  (from Ch. 110 1/2, par. 11a-5)
18    Sec. 11a-5. Who may act as guardian.
19    (a) A person is qualified to act as guardian of the person
20and as guardian of the estate of a person with a disability if
21the court finds that the proposed guardian is capable of
22providing an active and suitable program of guardianship for
23the person with a disability and that the proposed guardian:
24        (1) has attained the age of 18 years;
25        (2) is a resident of the United States;

 

 

SB0080 Enrolled- 14 -LRB102 04047 LNS 14063 b

1        (3) is not of unsound mind;
2        (4) is not an adjudged person with a disability as
3    defined in this Act; and
4        (5) has not been convicted of a felony, unless the
5    court finds appointment of the person convicted of a
6    felony to be in the best interests of the person with a
7    disability, and as part of the best interests interest
8    determination, the court has considered the nature of the
9    offense, the date of offense, and the evidence of the
10    proposed guardian's rehabilitation. No person shall be
11    appointed who has been convicted of a felony involving
12    harm or threat to a minor or an elderly person or a person
13    with a disability, including a felony sexual offense.
14    (b) Any public agency, or not-for-profit corporation found
15capable by the court of providing an active and suitable
16program of guardianship for the person with a disability,
17taking into consideration the nature of such person's
18disability and the nature of such organization's services, may
19be appointed guardian of the person or of the estate, or both,
20of the person with a disability. The court shall not appoint as
21guardian an agency or employee of an agency that is directly
22providing residential services to the ward. One person or
23agency may be appointed guardian of the person and another
24person or agency appointed guardian of the estate.
25    (b-5)(1) The court may appoint separate individuals or
26entities to act as the guardian of the person and the guardian

 

 

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1of the estate of a person with a disability if the court finds
2it is in the best interests of the person with a disability
3that separate guardians be appointed. The court shall not
4appoint a separate person or entity to act as guardian of the
5person or guardian of the estate with a public guardian or the
6Office of State Guardian unless the public guardian or the
7Office of State Guardian agrees to such an appointment.
8    (2) The court may appoint co-guardians to act as guardian
9of the person, guardian of the estate, or both the guardian of
10the person and the guardian of the estate if the court finds it
11is in the best interests of the person with a disability. When
12considering appointing co-guardians, the court shall consider
13the proposed co-guardians' history of cooperating and working
14together on behalf of the person with a disability. The court
15shall appoint only co-guardians who agree to serve together.
16The court shall not appoint a public guardian or the Office of
17State Guardian as a co-guardian for a person with a
18disability.
19    (c) Any corporation qualified to accept and execute trusts
20in this State may be appointed guardian or limited guardian of
21the estate of a person with a disability.
22(Source: P.A. 99-143, eff. 7-27-15; 100-756, eff. 1-1-19.)
 
23    (755 ILCS 5/11a-8)  (from Ch. 110 1/2, par. 11a-8)
24    Sec. 11a-8. Petition. The petition for adjudication of
25disability and for the appointment of a guardian of the estate

 

 

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1or the person or both of an alleged person with a disability
2must state, if known or reasonably ascertainable: (a) the
3relationship and interest of the petitioner to the respondent;
4(b) the name, date of birth, and place of residence of the
5respondent; (c) the reasons for the guardianship; (d) the name
6and post office address of the respondent's guardian, if any,
7or of the respondent's agent or agents appointed under the
8Illinois Power of Attorney Act, if any; (e) the name and post
9office addresses of the nearest relatives of the respondent in
10the following order: (1) the spouse and adult children,
11parents and adult brothers and sisters, if any; if none, (2)
12nearest adult kindred known to the petitioner; (f) the name
13and address of the person with whom or the facility in which
14the respondent is residing; (g) the approximate value of the
15personal and real estate; (h) the amount of the anticipated
16annual gross income and other receipts; (i) the name, post
17office address and in case of an individual, the age,
18relationship to the respondent and occupation of the proposed
19guardian. In addition, if the petition seeks the appointment
20of a previously appointed standby guardian as guardian of the
21person with a disability, the petition must also state: (j)
22the facts concerning the standby guardian's previous
23appointment and (k) the date of death of the guardian of the
24person with a disability or the facts concerning the consent
25of the guardian of the person with a disability to the
26appointment of the standby guardian as guardian, or the

 

 

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1willingness and ability of the guardian of the person with a
2disability to make and carry out day-to-day care decisions
3concerning the person with a disability. A petition for
4adjudication of disability and the appointment of a guardian
5of the estate or the person or both of an alleged person with a
6disability may not be dismissed or withdrawn without leave of
7the court. A petitioner who seeks to revoke or construe a power
8of attorney for the alleged person with a disability, or
9review the agent's conduct, shall do so in conformity with the
10Illinois Power of Attorney Act, and as set forth in subsection
11(c) of Section 11a-17 and subsection (e) of Section 11a-18 of
12this Act.
13(Source: P.A. 99-143, eff. 7-27-15.)
 
14    (755 ILCS 5/11a-10)  (from Ch. 110 1/2, par. 11a-10)
15    Sec. 11a-10. Procedures preliminary to hearing.
16    (a) Upon the filing of a petition pursuant to Section
1711a-8, the court shall set a date and place for hearing to take
18place within 30 days. The court shall appoint a guardian ad
19litem to report to the court concerning the respondent's best
20interests consistent with the provisions of this Section,
21except that the appointment of a guardian ad litem shall not be
22required when the court determines that such appointment is
23not necessary for the protection of the respondent or a
24reasonably informed decision on the petition. If the guardian
25ad litem is not a licensed attorney, he or she shall be

 

 

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1qualified, by training or experience, to work with or advocate
2for persons with developmental disabilities, the mentally ill,
3persons with physical disabilities, the elderly, or persons
4with a disability due to mental deterioration, depending on
5the type of disability that is alleged in the petition. The
6court may allow the guardian ad litem reasonable compensation.
7The guardian ad litem may consult with a person who by training
8or experience is qualified to work with persons with a
9developmental disability, persons with mental illness, persons
10with physical disabilities, or persons with a disability due
11to mental deterioration, depending on the type of disability
12that is alleged. The guardian ad litem shall personally
13observe the respondent prior to the hearing and shall inform
14him orally and in writing of the contents of the petition and
15of his rights, including providing a copy of the notice of
16rights required under subsection (e) under Section 11a-11. The
17guardian ad litem shall also attempt to elicit the
18respondent's position concerning the adjudication of
19disability, the proposed guardian, a proposed change in
20residential placement, changes in care that might result from
21the guardianship, and other areas of inquiry deemed
22appropriate by the court. Notwithstanding any provision in the
23Mental Health and Developmental Disabilities Confidentiality
24Act or any other law, a guardian ad litem shall have the right
25to inspect and copy any medical or mental health record of the
26respondent which the guardian ad litem deems necessary,

 

 

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1provided that the information so disclosed shall not be
2utilized for any other purpose nor be redisclosed except in
3connection with the proceedings. At or before the hearing, the
4guardian ad litem shall file a written report detailing his or
5her observations of the respondent, the responses of the
6respondent to any of the inquiries detailed in this Section,
7the opinion of the guardian ad litem or other professionals
8with whom the guardian ad litem consulted concerning the
9appropriateness of guardianship, and any other material issue
10discovered by the guardian ad litem. The guardian ad litem
11shall appear at the hearing and testify as to any issues
12presented in his or her report.
13    (b) The court (1) may appoint counsel for the respondent,
14if the court finds that the interests of the respondent will be
15best served by the appointment, and (2) shall appoint counsel
16upon respondent's request or if the respondent takes a
17position adverse to that of the guardian ad litem. The
18respondent shall be permitted to obtain the appointment of
19counsel either at the hearing or by any written or oral request
20communicated to the court prior to the hearing. The summons
21shall inform the respondent of this right to obtain appointed
22counsel. The court may allow counsel for the respondent
23reasonable compensation.
24    (c) If the respondent is unable to pay the fee of the
25guardian ad litem or appointed counsel, or both, the court may
26enter an order for the petitioner to pay all such fees or such

 

 

SB0080 Enrolled- 20 -LRB102 04047 LNS 14063 b

1amounts as the respondent or the respondent's estate may be
2unable to pay. However, in cases where the Office of State
3Guardian is the petitioner, consistent with Section 30 of the
4Guardianship and Advocacy Act, where the public guardian is
5the petitioner, consistent with Section 13-5 of this Act,
6where an adult protective services agency is the petitioner,
7pursuant to Section 9 of the Adult Protective Services Act, or
8where the Department of Children and Family Services is the
9petitioner under subparagraph (d) of subsection (1) of Section
102-27 of the Juvenile Court Act of 1987, no guardian ad litem or
11legal fees shall be assessed against the Office of State
12Guardian, the public guardian, the adult protective services
13agency, or the Department of Children and Family Services.
14    (d) The hearing may be held at such convenient place as the
15court directs, including at a facility in which the respondent
16resides.
17    (e) Unless he is the petitioner, the respondent shall be
18personally served with a copy of the petition and a summons not
19less than 14 days before the hearing. The summons shall be
20printed in large, bold type and shall include the following
21notice:
22
NOTICE OF RIGHTS OF RESPONDENT
23    You have been named as a respondent in a guardianship
24petition asking that you be declared a person with a
25disability. If the court grants the petition, a guardian will
26be appointed for you. A copy of the guardianship petition is

 

 

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1attached for your convenience.
2The date and time of the hearing are:
3The place where the hearing will occur is:
4The Judge's name and phone number is:
5    If a guardian is appointed for you, the guardian may be
6given the right to make all important personal decisions for
7you, such as where you may live, what medical treatment you may
8receive, what places you may visit, and who may visit you. A
9guardian may also be given the right to control and manage your
10money and other property, including your home, if you own one.
11You may lose the right to make these decisions for yourself.
12    You have the following legal rights:
13        (1) You have the right to be present at the court
14    hearing.
15        (2) You have the right to be represented by a lawyer,
16    either one that you retain, or one appointed by the Judge.
17        (3) You have the right to ask for a jury of six persons
18    to hear your case.
19        (4) You have the right to present evidence to the
20    court and to confront and cross-examine witnesses.
21        (5) You have the right to ask the Judge to appoint an
22    independent expert to examine you and give an opinion
23    about your need for a guardian.
24        (6) You have the right to ask that the court hearing be
25    closed to the public.
26        (7) You have the right to tell the court whom you

 

 

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1    prefer to have for your guardian.
2        (8) You have the right to ask a judge to find that
3    although you lack some capacity to make your own
4    decisions, you can make other decisions, and therefore it
5    is best for the court to appoint only a limited guardian
6    for you.
7    You do not have to attend the court hearing if you do not
8want to be there. If you do not attend, the Judge may appoint a
9guardian if the Judge finds that a guardian would be of benefit
10to you. The hearing will not be postponed or canceled if you do
11not attend. If you are unable to attend the hearing in person
12or you will suffer harm if you attend, the Judge can decide to
13hold the hearing at a place that is convenient. The Judge can
14also follow the rule of the Supreme Court of this State, or its
15local equivalent, and decide if a video conference is
16appropriate.
17    IT IS VERY IMPORTANT THAT YOU ATTEND THE HEARING IF YOU DO
18NOT WANT A GUARDIAN OR IF YOU WANT SOMEONE OTHER THAN THE
19PERSON NAMED IN THE GUARDIANSHIP PETITION TO BE YOUR GUARDIAN.
20IF YOU DO NOT WANT A GUARDIAN OR IF YOU HAVE ANY OTHER
21PROBLEMS, YOU SHOULD CONTACT AN ATTORNEY OR COME TO COURT AND
22TELL THE JUDGE.
23    Service of summons and the petition may be made by a
24private person 18 years of age or over who is not a party to
25the action.
26
[END OF FORM].

 

 

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1    (f) Notice of the time and place of the hearing shall be
2given by the petitioner by mail or in person to those persons,
3including the proposed guardian, whose names and addresses
4appear in the petition and who do not waive notice, not less
5than 14 days before the hearing.
6(Source: P.A. 99-143, eff. 7-27-15; 99-642, eff. 7-28-16;
7100-201, eff. 8-18-17; 100-427, eff. 1-1-18.)
 
8    (755 ILCS 5/11a-10.1)  (from Ch. 110 1/2, par. 11a-10.1)
9    Sec. 11a-10.1. Domestic Violence: Order of Protection. An
10order of protection, as defined in the Illinois Domestic
11Violence Act of 1986, as amended, may be issued in conjunction
12with a proceeding for adjudication of disability and
13appointment of guardian if the petition for an order of
14protection alleges that a person who is party to or the subject
15of the proceeding has been abused by or has abused a family or
16household member or has been neglected or exploited as defined
17in the Illinois Domestic Violence Act of 1986, as amended.
18    If the subject of the order of protection is a high-risk
19adult with disabilities for whom a guardian has been
20appointed, the court may appoint a temporary substitute
21guardian under the provisions of this Act. The court shall
22appoint a temporary substitute guardian if the appointed
23guardian is named as a respondent in a petition for an order of
24protection under the Illinois Domestic Violence Act of 1986,
25as amended. The Illinois Domestic Violence Act of 1986 shall

 

 

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1govern the issuance, enforcement and recording of orders of
2protection issued under this Section.
3(Source: P.A. 86-542.)
 
4    (755 ILCS 5/11a-12)  (from Ch. 110 1/2, par. 11a-12)
5    Sec. 11a-12. Order of appointment.)
6    (a) If basis for the appointment of a guardian as
7specified in Section 11a-3 is not found, the court shall
8dismiss the petition.
9    (b) If the respondent is adjudged to be a person with a
10disability and to lack some but not all of the capacity as
11specified in Section 11a-3, and if the court finds that
12guardianship is necessary for the protection of the person
13with a disability, his or her estate, or both, the court shall
14appoint a limited guardian for the respondent's person or
15estate or both. The court shall enter a written order stating
16the factual basis for its findings and specifying the duties
17and powers of the guardian and the legal disabilities to which
18the respondent is subject.
19    (c) If the respondent is adjudged to be a person with a
20disability and to be totally without capacity as specified in
21Section 11a-3, and if the court finds that limited
22guardianship will not provide sufficient protection for the
23person with a disability, his or her estate, or both, the court
24shall appoint a plenary guardian for the respondent's person
25or estate or both. The court shall enter a written order

 

 

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1stating the factual basis for its findings.
2    (d) The selection of the guardian shall be in the
3discretion of the court, which shall give due consideration to
4the preference of the person with a disability as to a
5guardian, as well as the qualifications of the proposed
6guardian, in making its appointment. However, the paramount
7concern in the selection of the guardian is the best interests
8interest and well-being of the person with a disability.
9    One person or agency may be appointed a limited or plenary
10guardian of the person and another person or corporate trustee
11appointed as a limited or plenary guardian of the estate. If
12different persons are appointed, the court shall consider the
13factors set forth in subsection (b-5) of Section 11a-5. The
14court shall enter a written order stating the factual basis
15for its findings.
16    (e) The order of appointment of a guardian of the person in
17any county with a population of less than 3 million shall
18include the requirement that the guardian of the person
19complete the training program as provided in Section 33.5 of
20the Guardianship and Advocacy Act that outlines the
21responsibilities of the guardian of the person and the rights
22of the person under guardianship and file with the court a
23certificate of completion one year from the date of issuance
24of the letters of guardianship, except that: (1) the chief
25judge of any circuit may order implementation of another
26training program by a suitable provider containing

 

 

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1substantially similar content; (2) employees of the Office of
2the State Guardian, public guardians, attorneys currently
3authorized to practice law, corporate fiduciaries, and persons
4certified by the Center for Guardianship Certification are
5exempt from this training requirement; and (3) the court may,
6for good cause shown, exempt from this requirement an
7individual not otherwise listed in item (2). For the purposes
8of this subsection (e), good cause may be proven by affidavit.
9If the court finds good cause to exempt an individual from the
10training requirement, the order of appointment shall so state.
11(Source: P.A. 99-143, eff. 7-27-15; 100-483, eff. 9-8-18.)
 
12    (755 ILCS 5/11a-13.5 new)
13    Sec. 11a-13.5. Guardian fees. A guardian is entitled to
14reasonable and appropriate compensation for services related
15to guardianship duties, but all fees must be reviewed and
16approved by the court pursuant to a fee petition. In
17considering the reasonableness of any fee petition brought by
18a guardian under this Section, the court shall consider the
19following:
20        (1) the powers and duties assigned to the guardian by
21    the court;
22        (2) the necessity of any services provided;
23        (3) the time required, the degree of difficulty, and
24    the experience needed to complete the task;
25        (4) the needs of the ward and the costs of

 

 

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1    alternatives; and
2        (5) other facts and circumstances material to the best
3    interests of the ward or his or her estate.
4    Upon the death of the ward, fees and costs awarded under
5this Section shall be considered as a first-class claim for
6administrative expenses as set forth in Section 18-10 and may
7be paid from the guardianship estate or from the decedent's
8estate.
 
9    (755 ILCS 5/11a-17)  (from Ch. 110 1/2, par. 11a-17)
10    Sec. 11a-17. Duties of personal guardian.
11    (a) To the extent ordered by the court and under the
12direction of the court, the guardian of the person shall have
13custody of the ward and the ward's minor and adult dependent
14children and shall procure for them and shall make provision
15for their support, care, comfort, health, education and
16maintenance, and professional services as are appropriate, but
17the ward's spouse may not be deprived of the custody and
18education of the ward's minor and adult dependent children,
19without the consent of the spouse, unless the court finds that
20the spouse is not a fit and competent person to have that
21custody and education. The guardian shall assist the ward in
22the development of maximum self-reliance and independence. The
23guardian of the person may petition the court for an order
24directing the guardian of the estate to pay an amount
25periodically for the provision of the services specified by

 

 

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1the court order. If the ward's estate is insufficient to
2provide for education and the guardian of the ward's person
3fails to provide education, the court may award the custody of
4the ward to some other person for the purpose of providing
5education. If a person makes a settlement upon or provision
6for the support or education of a ward, the court may make an
7order for the visitation of the ward by the person making the
8settlement or provision as the court deems proper. A guardian
9of the person may not admit a ward to a mental health facility
10except at the ward's request as provided in Article IV of the
11Mental Health and Developmental Disabilities Code and unless
12the ward has the capacity to consent to such admission as
13provided in Article IV of the Mental Health and Developmental
14Disabilities Code.
15    (a-3) If a guardian of an estate has not been appointed,
16the guardian of the person may, without an order of court,
17open, maintain, and transfer funds to an ABLE account on
18behalf of the ward and the ward's minor and adult dependent
19children as specified under Section 16.6 of the State
20Treasurer Act.
21    (a-5) If the ward filed a petition for dissolution of
22marriage under the Illinois Marriage and Dissolution of
23Marriage Act before the ward was adjudicated a person with a
24disability under this Article, the guardian of the ward's
25person and estate may maintain that action for dissolution of
26marriage on behalf of the ward. Upon petition by the guardian

 

 

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

 

 

SB0080 Enrolled- 30 -LRB102 04047 LNS 14063 b

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

 

 

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

 

 

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1after reasonable efforts to discern them, the decision shall
2be made on the basis of the ward's best interests as determined
3by the guardian. In determining the ward's best interests, the
4guardian shall weigh the reason for and nature of the proposed
5action, the benefit or necessity of the action, the possible
6risks and other consequences of the proposed action, and any
7available alternatives and their risks, consequences and
8benefits, and shall take into account any other information,
9including the views of family and friends, that the guardian
10believes the ward would have considered if able to act for
11herself or himself.
12    (f) Upon petition by any interested person (including the
13standby or short-term guardian), with such notice to
14interested persons as the court directs and a finding by the
15court that it is in the best interests interest of the person
16with a disability, the court may terminate or limit the
17authority of a standby or short-term guardian or may enter
18such other orders as the court deems necessary to provide for
19the best interests interest of the person with a disability.
20The petition for termination or limitation of the authority of
21a standby or short-term guardian may, but need not, be
22combined with a petition to have another guardian appointed
23for the person with a disability.
24    (g)(1) Unless there is a court order to the contrary, the
25guardian, consistent with the standards set forth in
26subsection (e) of this Section, shall use reasonable efforts

 

 

SB0080 Enrolled- 33 -LRB102 04047 LNS 14063 b

1to notify the ward's known adult children, who have requested
2notification and provided contact information, of the ward's
3admission to a hospital, or hospice or palliative care
4program, the ward's death, and the arrangements for the
5disposition of the ward's remains.
6    (2) If a guardian unreasonably prevents an adult child,
7spouse, adult grandchild, parent, or adult sibling of the ward
8from visiting the ward, the court, upon a verified petition,
9may order the guardian to permit visitation between the ward
10and the adult child, spouse, adult grandchild, parent, or
11adult sibling. In making its determination, the court shall
12consider the standards set forth in subsection (e) of this
13Section. The court shall not allow visitation if the court
14finds that the ward has capacity to evaluate and communicate
15decisions regarding visitation and expresses a desire not to
16have visitation with the petitioner. This subsection (g) does
17not apply to duly appointed public guardians or the Office of
18State Guardian.
19(Source: P.A. 100-1054, eff. 1-1-19; 101-329, eff. 8-9-19.)
 
20    (755 ILCS 5/11a-17.1)
21    Sec. 11a-17.1. Sterilization of ward.
22    (a) A guardian of the person shall not consent to the
23sterilization of the ward without first obtaining an order
24from the court granting the guardian the authority to provide
25consent. For purposes of this Article XIa, "sterilization"

 

 

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1means any procedure that has as its purpose rendering the ward
2permanently incapable of reproduction; provided, however, that
3an order from the court is not required for a procedure that is
4medically necessary to preserve the life of the ward or to
5prevent serious impairment to the health of the ward and which
6may result in sterilization.
7    (b) A guardian seeking authority to consent to the
8sterilization of the ward shall seek such authority by filing
9a verified motion. The verified motion shall allege facts
10which demonstrate that the proposed sterilization is warranted
11under subsection (f), (g) or (h) of this Section. The guardian
12ad litem will notify the ward of the motion in the manner set
13forth in subsection (c) of this Section.
14    (c) Upon the filing of a verified motion for authority to
15consent to sterilization, the court shall appoint a guardian
16ad litem to report to the court consistent with the provisions
17of this Section. If the guardian ad litem is not a licensed
18attorney, he or she shall be qualified, by training or
19experience, to work with or advocate for persons with a
20developmental disability, mental illness, physical disability,
21or disability because of mental deterioration, depending on
22the type of disability of the ward that is alleged in the
23motion. The court may allow the guardian ad litem reasonable
24compensation. The guardian ad litem may consult with a person
25who by training or experience is qualified to work with
26persons with a developmental disability, mental illness,

 

 

SB0080 Enrolled- 35 -LRB102 04047 LNS 14063 b

1physical disability, or disability because of mental
2deterioration, depending on the type of disability of the ward
3that is alleged. The guardian ad litem may also consult with
4health care providers knowledgeable about reproductive health
5matters including sterilization, other forms of contraception,
6and childbirth. Outside the presence of the guardian, the
7guardian ad litem shall personally observe the ward prior to
8the hearing and shall inform the ward orally and in writing of
9the contents of the verified motion for authority to consent
10to sterilization. Outside the presence of the guardian, the
11guardian ad litem shall also attempt to elicit the ward's
12position concerning the motion, and any other areas of inquiry
13deemed appropriate by the court. At or before the hearing, the
14guardian ad litem shall file a written report detailing his or
15her observations of the ward; the responses of the ward to any
16of the inquiries detailed in this Section; the opinion of the
17guardian ad litem and any other professionals with whom the
18guardian ad litem consulted concerning the ward's
19understanding of and desire for or objection to, as well as
20what is in the ward's best interests interest relative to,
21sterilization, other forms of contraception, and childbirth;
22and any other material issue discovered by the guardian ad
23litem. The guardian ad litem shall appear at the hearing and
24testify, and may present witnesses, as to any issues presented
25in his or her report.
26    (d) The court (1) may appoint counsel for the ward if the

 

 

SB0080 Enrolled- 36 -LRB102 04047 LNS 14063 b

1court finds that the interests of the ward will be best served
2by the appointment, and (2) shall appoint counsel upon the
3ward's request, if the ward is objecting to the proposed
4sterilization, or if the ward takes a position adverse to that
5of the guardian ad litem. The ward shall be permitted to obtain
6the appointment of counsel either at the hearing or by any
7written or oral request communicated to the court prior to the
8hearing. The court shall inform the ward of this right to
9obtain appointed counsel. The court may allow counsel for the
10ward reasonable compensation.
11    (e) The court shall order a medical and psychological
12evaluation of the ward. The evaluation shall address the
13ward's decision-making decision making capacity with respect
14to the proposed sterilization, the existence of any less
15permanent alternatives, and any other material issue.
16    (f) The court shall determine, as a threshold inquiry,
17whether the ward has capacity to consent or withhold consent
18to the proposed sterilization and, if the ward lacks such
19capacity, whether the ward is likely to regain such capacity.
20The ward shall not be deemed to lack such capacity solely on
21the basis of the adjudication of disability and appointment of
22a guardian. In determining capacity, the court shall consider
23whether the ward is able, after being provided appropriate
24information, to understand the relationship between sexual
25activity and reproduction; the consequences of reproduction;
26and the nature and consequences of the proposed sterilization

 

 

SB0080 Enrolled- 37 -LRB102 04047 LNS 14063 b

1procedure. If the court finds that (1) the ward has capacity to
2consent or withhold consent to the proposed sterilization, and
3(2) the ward objects or consents to the procedure, the court
4shall enter an order consistent with the ward's objection or
5consent and the proceedings on the verified motion shall be
6terminated.
7    (g) If the court finds that the ward does not have capacity
8to consent or withhold consent to the proposed sterilization
9and is unlikely to regain such capacity, the court shall
10determine whether the ward is expressing a clear desire for
11the proposed sterilization. If the ward is expressing a clear
12desire for the proposed sterilization, the court's decision
13regarding the proposed sterilization shall be made in
14accordance with the standards set forth in subsection (e) of
15Section 11a-17 of this Act.
16    (h) If the court finds that the ward does not have capacity
17to consent or withhold consent to the proposed sterilization
18and is unlikely to regain such capacity, and that the ward is
19not expressing a clear desire for the proposed sterilization,
20the court shall consider the standards set forth in subsection
21(e) of Section 11a-17 of this Act and enter written findings of
22fact and conclusions of law addressing those standards. In
23addition, the court shall not authorize the guardian to
24consent to the proposed sterilization unless the court finds,
25by clear and convincing evidence and based on written findings
26of fact and conclusions of law, that all of the following

 

 

SB0080 Enrolled- 38 -LRB102 04047 LNS 14063 b

1factors are present:
2        (1) The ward lacks decisional capacity regarding the
3    proposed sterilization.
4        (2) The ward is fertile and capable of procreation.
5        (3) The benefits to the ward of the proposed
6    sterilization outweigh the harm.
7        (4) The court has considered less intrusive
8    alternatives and found them to be inadequate in this case.
9        (5) The proposed sterilization is in the best
10    interests interest of the ward. In considering the ward's
11    best interests interest, the court shall consider the
12    following factors:
13            (A) The possibility that the ward will experience
14        trauma or psychological damage if he or she has a child
15        and, conversely, the possibility of trauma or
16        psychological damage from the proposed sterilization.
17            (B) The ward is or is likely to become sexually
18        active.
19            (C) The inability of the ward to understand
20        reproduction or contraception and the likely
21        permanence of that inability.
22            (D) Any other factors that assist the court in
23        determining the best interests interest of the ward
24        relative to the proposed sterilization.
25(Source: P.A. 96-272, eff. 1-1-10.)
 

 

 

SB0080 Enrolled- 39 -LRB102 04047 LNS 14063 b

1    (755 ILCS 5/11a-18)  (from Ch. 110 1/2, par. 11a-18)
2    Sec. 11a-18. Duties of the estate guardian.
3    (a) To the extent specified in the order establishing the
4guardianship, the guardian of the estate shall have the care,
5management and investment of the estate, shall manage the
6estate frugally and shall apply the income and principal of
7the estate so far as necessary for the comfort and suitable
8support and education of the ward, his minor and adult
9dependent children, and persons related by blood or marriage
10who are dependent upon or entitled to support from him, or for
11any other purpose which the court deems to be for the best
12interests of the ward, and the court may approve the making on
13behalf of the ward of such agreements as the court determines
14to be for the ward's best interests. The guardian may make
15disbursement of his ward's funds and estate directly to the
16ward or other distributee or in such other manner and in such
17amounts as the court directs. If the estate of a ward is
18derived in whole or in part from payments of compensation,
19adjusted compensation, pension, insurance or other similar
20benefits made directly to the estate by the Veterans
21Administration, notice of the application for leave to invest
22or expend the ward's funds or estate, together with a copy of
23the petition and proposed order, shall be given to the
24Veterans' Administration Regional Office in this State at
25least 7 days before the hearing on the application.
26    (a-5) The probate court, upon petition of a guardian,

 

 

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1other than the guardian of a minor, and after notice to all
2other persons interested as the court directs, may authorize
3the guardian to exercise any or all powers over the estate and
4business affairs of the ward that the ward could exercise if
5present and not under disability. The court may authorize the
6taking of an action or the application of funds not required
7for the ward's current and future maintenance and support in
8any manner approved by the court as being in keeping with the
9ward's wishes so far as they can be ascertained. The court must
10consider the permanence of the ward's disabling condition and
11the natural objects of the ward's bounty. In ascertaining and
12carrying out the ward's wishes the court may consider, but
13shall not be limited to, minimization of State or federal
14income, estate, or inheritance taxes; and providing gifts to
15charities, relatives, and friends that would be likely
16recipients of donations from the ward. The ward's wishes as
17best they can be ascertained shall be carried out, whether or
18not tax savings are involved. Actions or applications of funds
19may include, but shall not be limited to, the following:
20        (1) making gifts of income or principal, or both, of
21    the estate, either outright or in trust;
22        (2) conveying, releasing, or disclaiming his or her
23    contingent and expectant interests in property, including
24    marital property rights and any right of survivorship
25    incident to joint tenancy or tenancy by the entirety;
26        (3) releasing or disclaiming his or her powers as

 

 

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1    trustee, personal representative, custodian for minors, or
2    guardian;
3        (4) exercising, releasing, or disclaiming his or her
4    powers as donee of a power of appointment;
5        (5) entering into contracts;
6        (6) creating for the benefit of the ward or others,
7    revocable or irrevocable trusts of his or her property
8    that may extend beyond his or her disability or life;
9        (7) exercising options of the ward to purchase or
10    exchange securities or other property;
11        (8) exercising the rights of the ward to elect benefit
12    or payment options, to terminate, to change beneficiaries
13    or ownership, to assign rights, to borrow, or to receive
14    cash value in return for a surrender of rights under any
15    one or more of the following:
16            (i) life insurance policies, plans, or benefits,
17            (ii) annuity policies, plans, or benefits,
18            (iii) mutual fund and other dividend investment
19        plans,
20            (iv) retirement, profit sharing, and employee
21        welfare plans and benefits;
22        (9) exercising his or her right to claim or disclaim
23    an elective share in the estate of his or her deceased
24    spouse and to renounce any interest by testate or
25    intestate succession or by inter vivos transfer;
26        (10) changing the ward's residence or domicile; or

 

 

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1        (11) modifying by means of codicil or trust amendment
2    the terms of the ward's will or any revocable trust
3    created by the ward, as the court may consider advisable
4    in light of changes in applicable tax laws.
5    The guardian in his or her petition shall briefly outline
6the action or application of funds for which he or she seeks
7approval, the results expected to be accomplished thereby, and
8the tax savings, if any, expected to accrue. The proposed
9action or application of funds may include gifts of the ward's
10personal property or real estate, but transfers of real estate
11shall be subject to the requirements of Section 20 of this Act.
12Gifts may be for the benefit of prospective legatees,
13devisees, or heirs apparent of the ward or may be made to
14individuals or charities in which the ward is believed to have
15an interest. The guardian shall also indicate in the petition
16that any planned disposition is consistent with the intentions
17of the ward insofar as they can be ascertained, and if the
18ward's intentions cannot be ascertained, the ward will be
19presumed to favor reduction in the incidents of various forms
20of taxation and the partial distribution of his or her estate
21as provided in this subsection. The guardian shall not,
22however, be required to include as a beneficiary or fiduciary
23any person who he has reason to believe would be excluded by
24the ward. A guardian shall be required to investigate and
25pursue a ward's eligibility for governmental benefits.
26    (a-6) The guardian may, without an order of court, open,

 

 

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1maintain, and transfer funds to an ABLE account on behalf of
2the ward and the ward's minor and adult dependent children as
3specified under Section 16.6 of the State Treasurer Act.
4    (b) Upon the direction of the court which issued his
5letters, a guardian may perform the contracts of his ward
6which were legally subsisting at the time of the commencement
7of the ward's disability. The court may authorize the guardian
8to execute and deliver any bill of sale, deed or other
9instrument.
10    (c) The guardian of the estate of a ward shall appear for
11and represent the ward in all legal proceedings unless another
12person is appointed for that purpose as guardian or next
13friend. This does not impair the power of any court to appoint
14a guardian ad litem or next friend to defend the interests of
15the ward in that court, or to appoint or allow any person as
16the next friend of a ward to commence, prosecute or defend any
17proceeding in his behalf. Without impairing the power of the
18court in any respect, if the guardian of the estate of a ward
19and another person as next friend shall appear for and
20represent the ward in a legal proceeding in which the
21compensation of the attorney or attorneys representing the
22guardian and next friend is solely determined under a
23contingent fee arrangement, the guardian of the estate of the
24ward shall not participate in or have any duty to review the
25prosecution of the action, to participate in or review the
26appropriateness of any settlement of the action, or to

 

 

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1participate in or review any determination of the
2appropriateness of any fees awarded to the attorney or
3attorneys employed in the prosecution of the action.
4    (d) Adjudication of disability shall not revoke or
5otherwise terminate a trust which is revocable by the ward. A
6guardian of the estate shall have no authority to revoke a
7trust that is revocable by the ward, except that the court may
8authorize a guardian to revoke a Totten trust or similar
9deposit or withdrawable capital account in trust to the extent
10necessary to provide funds for the purposes specified in
11paragraph (a) of this Section. If the trustee of any trust for
12the benefit of the ward has discretionary power to apply
13income or principal for the ward's benefit, the trustee shall
14not be required to distribute any of the income or principal to
15the guardian of the ward's estate, but the guardian may bring
16an action on behalf of the ward to compel the trustee to
17exercise the trustee's discretion or to seek relief from an
18abuse of discretion. This paragraph shall not limit the right
19of a guardian of the estate to receive accountings from the
20trustee on behalf of the ward.
21    (d-5) Upon a verified petition by the plenary or limited
22guardian of the estate or the request of the ward that is
23accompanied by a current physician's report that states the
24ward possesses testamentary capacity, the court may enter an
25order authorizing the ward to execute a will or codicil. In so
26ordering, the court shall authorize the guardian to retain

 

 

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1independent counsel for the ward with whom the ward may
2execute or modify a will or codicil.
3    (e) Absent court order pursuant to the Illinois Power of
4Attorney Act directing a guardian to exercise powers of the
5principal under an agency that survives disability, the
6guardian will have no power, duty or liability with respect to
7any property subject to the agency. This subsection (e)
8applies to all agencies, whenever and wherever executed.
9    (f) Upon petition by any interested person (including the
10standby or short-term guardian), with such notice to
11interested persons as the court directs and a finding by the
12court that it is in the best interests interest of the person
13with a disability, the court may terminate or limit the
14authority of a standby or short-term guardian or may enter
15such other orders as the court deems necessary to provide for
16the best interests interest of the person with a disability.
17The petition for termination or limitation of the authority of
18a standby or short-term guardian may, but need not, be
19combined with a petition to have another guardian appointed
20for the person with a disability.
21(Source: P.A. 101-329, eff. 8-9-19.)
 
22    (755 ILCS 5/11a-18.3)
23    Sec. 11a-18.3. Duties of short-term guardian of a person
24with a disability.
25    (a) Immediately upon the effective date of the appointment

 

 

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1of a short-term guardian, the short-term guardian shall assume
2all duties as short-term guardian of the person with a
3disability as provided in this Section. The short-term
4guardian of the person shall have authority to act as
5short-term guardian, without direction of the court, for the
6duration of the appointment, which in no case shall exceed a
7cumulative total of 60 days in any 12-month 12 month period for
8all short-term guardians appointed by the guardian. The
9authority of the short-term guardian may be limited or
10terminated by a court of competent jurisdiction.
11    (b) Unless further specifically limited by the instrument
12appointing the short-term guardian, a short-term guardian
13shall have the authority to act as a guardian of the person of
14a person with a disability as prescribed in Section 11a-17,
15but shall not have any authority to act as guardian of the
16estate of a person with a disability, except that a short-term
17guardian shall have the authority to apply for and receive on
18behalf of the person with a disability benefits to which the
19person with a disability may be entitled from or under
20federal, State, or local organizations or programs.
21(Source: P.A. 99-143, eff. 7-27-15.)
 
22    (755 ILCS 5/11a-19)  (from Ch. 110 1/2, par. 11a-19)
23    Sec. 11a-19. Notice of right to seek modification. At the
24time of the appointment of a guardian the court shall inform
25the ward of his right under Section 11a-20 to petition for

 

 

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1termination of adjudication of disability, revocation of the
2letters of guardianship of the estate or person, or both, or
3modification of the duties of the guardian and shall give the
4ward a written statement explaining this right and the
5procedures for petitioning the court. The notice shall be in
6large, bold type and shall be in a format substantially
7similar to the following: notice of rights required under
8subsection (e) of Section 11a-10 of this Act.
9
IN THE CIRCUIT COURT OF THE ... JUDICIAL CIRCUIT OF ILLINOIS
10
... COUNTY
11IN RE THE ESTATE OF             ) 
12                                ) 
13.....................,          )   CASE NO. .... 
14a Person with a Disability,     ) 
 
15
NOTICE TO WARD OF RIGHT TO SEEK MODIFICATION

 
16    [Insert name] was appointed your Guardian of the Person on
17[insert date].
18    [Insert name] was appointed your Guardian of the Estate on
19[insert date].
20    You have the right to ask the court to dismiss this
21guardianship, to revoke the power of this guardian to act for
22you, or to modify the duties of any such guardian.
23    You, or someone on your behalf, can make this request,
24even by an informal letter, a telephone call, or a visit to the

 

 

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1court. You should send your letter to the court at the
2following address; [insert name of judge and mailing address
3of courthouse].
4    The court may appoint a Guardian ad Litem to investigate
5and report to the court. You have the right to have a lawyer
6appointed for you, to have a hearing before the court, to have
7a jury of six persons decide the facts, to present evidence and
8tell your story, and to ask witnesses any questions in
9cross-examination.
10    Entered this.....day of.............., 20.... 
11                                    .................
12                                            JUDGE
 
13[..]    At the time of the appointment of the Guardian in this
14cause, the court informed the ward of his or her rights under
15Section 11a-20 of the Illinois Probate Act and gave the ward,
16in open court, the above-written notice explaining these
17rights and procedures.
 
18or
 
19[..]    The Clerk of the Circuit Court shall mail a copy of the
20above-written notice to the above-named person with a
21disability at the residence address set forth in the petition
22filed herein.
 

 

 

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1Copy Mailed:.................................................
 
2                            ............................................................. 
3                                Clerk of the Circuit Court
 
4
[END OF FORM]
5(Source: P.A. 89-396, eff. 8-20-95.)
 
6    (755 ILCS 5/11a-20)  (from Ch. 110 1/2, par. 11a-20)
7    Sec. 11a-20. Termination of adjudication of disability -
8Revocation of letters - modification.)
9    (a) Except as provided in subsection (b-5), upon the
10filing of a petition by or on behalf of a person with a
11disability or on its own motion, the court may terminate the
12adjudication of disability of the ward, revoke the letters of
13guardianship of the estate or person, or both, or modify the
14duties of the guardian if the ward's capacity to perform the
15tasks necessary for the care of his person or the management of
16his estate has been demonstrated by clear and convincing
17evidence. A report or testimony by a licensed physician is not
18a prerequisite for termination, revocation or modification of
19a guardianship order under this subsection (a).
20    (b) Except as provided in subsection (b-5), a request by
21the ward or any other person on the ward's behalf, under this
22Section may be communicated to the court or judge by any means,
23including but not limited to informal letter, telephone call

 

 

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1or visit. Upon receipt of a request from the ward or another
2person, the court may appoint a guardian ad litem to
3investigate and report to the court concerning the allegations
4made in conjunction with said request, and if the ward wishes
5to terminate, revoke, or modify the guardianship order, to
6prepare the ward's petition and to render such other services
7as the court directs.
8    (b-5) Upon the filing of a verified petition by the
9guardian of the person with a disability or the person with a
10disability, the court may terminate the adjudication of
11disability of the ward, revoke the letters of guardianship of
12the estate or person, or both, or modify the duties of the
13guardian if: (i) a report completed in accordance with
14subsection (a) of Section 11a-9 states that the person with a
15disability is no longer in need of guardianship or that the
16type and scope of guardianship should be modified; (ii) the
17person with a disability no longer wishes to be under
18guardianship or desires that the type and scope of
19guardianship be modified; and (iii) the guardian of the person
20with a disability states that it is in the best interests
21interest of the person with a disability to terminate the
22adjudication of disability of the ward, revoke the letters of
23guardianship of the estate or person, or both, or modify the
24duties of the guardian, and provides the basis thereof. In a
25proceeding brought pursuant to this subsection (b-5), the
26court may terminate the adjudication of disability of the

 

 

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1ward, revoke the letters of guardianship of the estate or
2person, or both, or modify the duties of the guardian, unless
3it has been demonstrated by clear and convincing evidence that
4the ward is incapable of performing the tasks necessary for
5the care of his or her person or the management of his or her
6estate.
7    (c) Notice of the hearing on a petition under this
8Section, together with a copy of the petition, shall be given
9to the ward, unless he is the petitioner, and to each and every
10guardian to whom letters of guardianship have been issued and
11not revoked, not less than 14 days before the hearing.
12(Source: P.A. 99-143, eff. 7-27-15.)
 
13    (755 ILCS 5/13-1)  (from Ch. 110 1/2, par. 13-1)
14    Sec. 13-1. Appointment and term of public administrator
15and public guardian.)
16    (a) Except as provided in Section 13-1.1, before the first
17Monday of December, 1977 and every 4 years thereafter, and as
18often as vacancies occur, the Governor, by and with the advice
19and consent of the Senate, shall appoint in each county a
20suitable person to serve as public administrator and a
21suitable person to serve as public guardian of the county. The
22Governor may designate, without the advice and consent of the
23Senate, the Office of State Guardian as an interim public
24guardian to fill a vacancy in one or more counties having a
25population of 500,000 or less if the designation:

 

 

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1        (1) is specifically designated as an interim
2    appointment for a term of the lesser of one year or until
3    the Governor appoints, with the advice and consent of the
4    Senate, a county public guardian to fill the vacancy;
5        (2) requires the Office of State Guardian to affirm
6    its availability to act in the county; and
7        (3) expires in a pending case of a person with a
8    disability in the county at such a time as the court
9    appoints a qualified successor guardian of the estate and
10    person for the person with a disability.
11    When appointed as an interim public guardian, the State
12Guardian will perform the powers and duties assigned under the
13Guardianship and Advocacy Act.
14    The Governor may appoint the same person to serve as
15public guardian and public administrator in one or more
16counties. In considering the number of counties of service for
17any prospective public guardian or public administrator the
18Governor may consider the population of the county and the
19ability of the prospective public guardian or public
20administrator to travel to multiple counties and manage
21estates in multiple counties. Each person so appointed holds
22his office for 4 years from the first Monday of December, 1977
23and every 4 years thereafter or until his successor is
24appointed and qualified.
25    (b) Within 14 days of notification to the current public
26guardian of the appointment by the Governor of a new public

 

 

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1guardian pursuant to this Section, the outgoing public
2guardian shall provide the incoming successor public guardian
3with a list of current guardianships. Within 60 days of
4receipt of the list of guardianships, the incoming public
5guardian may petition the court for a transfer of a
6guardianship to the incoming public guardian. The transfer of
7a guardianship of the person, estate, or both shall be made if
8it is in the best interests of the ward as determined by the
9court on a case-by-case basis.
10    Factors for the court to consider include, but are not
11limited to, the following:
12        (1) the ward's preference as to the transfer of the
13    guardianship;
14        (2) the recommendation of the guardian ad litem, the
15    ward's family members, and other interested parties;
16        (3) the length of time in which the outgoing public
17    guardian has served as guardian for the ward;
18        (4) the ward's relationship with the outgoing public
19    guardian's office;
20        (5) the nature and extent of the ward's disabilities;
21        (6) the ward's current residential placement, his or
22    her current support network, and ongoing needs;
23        (7) the costs involved in the transfer of the ward's
24    estate;
25        (8) the status of pending legal matters or other
26    matters germane to the ward's care or the management of

 

 

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1    the ward's estate;
2        (9) the obligation to post bond and the cost thereof;
3        (10) the guardians' status with regard to
4    certification by the Center for Guardianship
5    Certification; and
6        (11) other good causes.
7    If the court approves a transfer to the incoming public
8guardian, the outgoing public guardian shall file a final
9account of his or her activities on behalf of the ward within
1030 days or within such other time that the court may allow. The
11outgoing public guardian may file a petition for final fees
12pursuant to subsection (b) of Section 13-3.1.
13(Source: P.A. 100-483, eff. 9-8-18.)
 
14    (755 ILCS 5/18-10)  (from Ch. 110 1/2, par. 18-10)
15    Sec. 18-10. Classification of claims against decedent's
16estate. All claims against the estate of a decedent are
17divided into classes in the manner following:
18    1st: Funeral and burial expenses, expenses of
19administration, and statutory custodial claims, and final fees
20and costs as determined by the court relating to guardianship,
21including fees awarded under Section 11a-13.5, 13-3, 13-3.1,
2227-1, 27-2, or 27-4. For the purposes of this paragraph,
23funeral and burial expenses paid by any person, including a
24surviving spouse, are funeral and burial expenses; and funeral
25and burial expenses include reasonable amounts paid for a

 

 

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1burial space, crypt or niche, a marker on the burial space,
2care of the burial space, crypt or niche, and interest on these
3amounts. Interest on these amounts shall accrue beginning 60
4days after issuance of letters of office to the representative
5of the decedent's estate, or if no such letters of office are
6issued, then beginning 60 days after those amounts are due, up
7to the rate of 9% per annum as allowed by contract or law.
8    2nd: The surviving spouse's or child's award.
9    3rd: Debts due the United States.
10    4th: Reasonable and necessary medical, hospital, and
11nursing home expenses for the care of the decedent during the
12year immediately preceding death; and money due employees of
13the decedent of not more than $800 for each claimant for
14services rendered within 4 months prior to the decedent's
15death.
16    5th: Money and property received or held in trust by
17decedent which cannot be identified or traced.
18    6th: Debts due this State and any county, township, city,
19town, village or school district located within this State.
20    7th: All other claims.
21(Source: P.A. 100-1079, eff. 8-24-18.)
 
22    (755 ILCS 5/19-2)  (from Ch. 110 1/2, par. 19-2)
23    Sec. 19-2. Lease, sale, mortgage or pledge of personal
24estate of ward.) By leave of court a representative may lease,
25sell, mortgage or pledge any personal estate of the ward, when

 

 

SB0080 Enrolled- 56 -LRB102 04047 LNS 14063 b

1in the opinion of the court it is for the best interests
2interest of the ward or his estate.
3(Source: P.A. 79-328.)
 
4    (755 ILCS 5/25-4)  (from Ch. 110 1/2, par. 25-4)
5    Sec. 25-4. Sale of small real estate interest of ward.) If
6the interest of a ward in any parcel of real estate does not
7exceed $2,500 in value and a private sale thereof can be made
8for cash, the interest may be sold as provided in this Section
9instead of as prescribed elsewhere in this Act. The
10representative of the estate of the ward may file a petition
11setting forth: (a) the description of the real estate, the
12interest of the ward therein and the value of the interest
13sought to be sold; (b) the name and post office address of the
14ward; (c) a private sale of the ward's interest can be made for
15cash; and (d) it is for the best interests interest of the ward
16that his interest in the real estate be sold. Upon the filing
17of the petition the court shall set it for hearing not less
18than 20 days thereafter. Not less than 15 days before the date
19of hearing of the petition, the clerk of the court shall mail a
20notice of the time and place of the hearing to the ward. No
21guardian ad litem need be appointed for the ward unless the
22court finds it necessary for the ward's protection. If on the
23hearing the court finds that the ward's interest in the real
24estate to be sold does not exceed $2,500 in value, a private
25sale of the ward's interest can be made for cash and it is for

 

 

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1the best interests interest of the ward that the sale be made,
2the court shall direct the petitioner to sell the ward's
3interest at private sale for cash for such price as the court
4determines and upon receipt of the purchase price to execute
5and deliver a deed to the purchaser. The court shall require
6the representative to furnish a bond conditioned upon his
7disposing of the proceeds of sale in the manner required by
8law, and with or without sureties and in such amount as the
9court directs; and it is the duty of the representative to file
10the bond in and have it approved by the court.
11(Source: P.A. 79-328.)
 
12    (755 ILCS 5/27-1)  (from Ch. 110 1/2, par. 27-1)
13    Sec. 27-1. Fees of representative. A representative is
14entitled to reasonable compensation for his services, but no
15fees, charges or other compensation may be allowed a public
16administrator for services performed in administering that
17part of the estate of any United States war veteran which
18consists of compensation, insurance or other monies due or
19payable from the United States because of the veteran's war
20service. No fees, charges or other compensation may be allowed
21an employee of the Department of Human Services or the
22Department of Children and Family Services designated under
23paragraph (b) of Section 11-3 for services as guardian of the
24estate of a patient or resident in a State mental health or
25developmental disabilities facility or other State

 

 

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1institution. Fees awarded under this Section shall be
2considered as a first-class claim for administrative expenses
3and paid from the guardianship estate or from the probate
4estate pursuant to Section 18-10. Fees awarded to guardians
5shall be consistent with Section 11a-13.5.
6(Source: P.A. 89-507, eff. 7-1-97.)
 
7    Section 10. The Illinois Power of Attorney Act is amended
8by changing Section 2-10 as follows:
 
9    (755 ILCS 45/2-10)  (from Ch. 110 1/2, par. 802-10)
10    Sec. 2-10. Agency-court relationship.
11    (a) Upon petition by any interested person (including the
12agent), with such notice to interested persons as the court
13directs and a finding by the court that the principal lacks
14either the capacity to control or the capacity to revoke the
15agency, the court may construe a power of attorney, review the
16agent's conduct, and grant appropriate relief including
17compensatory damages.
18    (b) If the court finds that the agent is not acting for the
19benefit of the principal in accordance with the terms of the
20agency or that the agent's action or inaction has caused or
21threatens substantial harm to the principal's person or
22property in a manner not authorized or intended by the
23principal, the court may order a guardian of the principal's
24person or estate to exercise any powers of the principal under

 

 

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1the agency, including the power to revoke the agency, or may
2enter such other orders without appointment of a guardian as
3the court deems necessary to provide for the best interests of
4the principal.
5    (c) If the court finds that the agency requires
6interpretation, the court may construe the agency and instruct
7the agent, but the court may not amend the agency.
8    (d) If the court finds that the agent has not acted for the
9benefit of the principal in accordance with the terms of the
10agency and the Illinois Power of Attorney Act, or that the
11agent's action caused or threatened substantial harm to the
12principal's person or property in a manner not authorized or
13intended by the principal, then the agent shall not be
14authorized to pay or be reimbursed from the estate of the
15principal the attorneys' fees and costs of the agent in
16defending a proceeding brought pursuant to this Section.
17    (e) Upon a finding that the agent's action has caused
18substantial harm to the principal's person or property, the
19court may assess against the agent reasonable costs and
20attorney's fees to a prevailing party who is a provider agency
21as defined in Section 2 of the Adult Protective Services Act, a
22representative of the Office of the State Long Term Care
23Ombudsman, the State Guardian, a public guardian, or a
24governmental agency having regulatory authority to protect the
25welfare of the principal.
26    (f) As used in this Section, the term "interested person"

 

 

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1includes (1) the principal or the agent; (2) a guardian of the
2person, guardian of the estate, or other fiduciary charged
3with management of the principal's property; (3) the
4principal's spouse, parent, or descendant; (4) a person who
5would be a presumptive heir-at-law of the principal; (5) a
6person named as a beneficiary to receive any property,
7benefit, or contractual right upon the principal's death, or
8as a beneficiary of a trust created by or for the principal;
9(6) a provider agency as defined in Section 2 of the Adult
10Protective Services Act, a representative of the Office of the
11State Long Term Care Ombudsman, the State Guardian, a public
12guardian, or a governmental agency having regulatory authority
13to protect the welfare of the principal; and (7) the
14principal's caregiver or another person who demonstrates
15sufficient interest in the principal's welfare.
16    (g) Absent court order directing a guardian to exercise
17powers of the principal under the agency, a guardian will have
18no power, duty or liability with respect to any property
19subject to the agency or any personal or health care matters
20covered by the agency. If an agent seeks guardianship of the
21principal pursuant to the Probate Act of 1975, the petition
22for guardianship must delineate the specific powers to be
23granted to the guardian that are not already included in the
24power of attorney. The petition for temporary, limited, or
25plenary guardianship of the principal under the Probate Act of
261975 may include a prayer for relief to suspend a power of

 

 

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1attorney or to revoke a power of attorney in accordance with
2subsection (b).
3    (h) Proceedings under this Section shall be commenced in
4the county where the guardian was appointed or, if no Illinois
5guardian is acting, then in the county where the agent or
6principal resides or where the principal owns real property.
7    (i) This Section shall not be construed to limit any other
8remedies available.
9(Source: P.A. 98-49, eff. 7-1-13; 98-562, eff. 8-27-13;
1098-756, eff. 7-16-14.)

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    755 ILCS 5/11a-1from Ch. 110 1/2, par. 11a-1
4    755 ILCS 5/11a-3from Ch. 110 1/2, par. 11a-3
5    755 ILCS 5/11a-3.1
6    755 ILCS 5/11a-3.2
7    755 ILCS 5/11a-4from Ch. 110 1/2, par. 11a-4
8    755 ILCS 5/11a-5from Ch. 110 1/2, par. 11a-5
9    755 ILCS 5/11a-8from Ch. 110 1/2, par. 11a-8
10    755 ILCS 5/11a-10from Ch. 110 1/2, par. 11a-10
11    755 ILCS 5/11a-10.1from Ch. 110 1/2, par. 11a-10.1
12    755 ILCS 5/11a-12from Ch. 110 1/2, par. 11a-12
13    755 ILCS 5/11a-13.5 new
14    755 ILCS 5/11a-17from Ch. 110 1/2, par. 11a-17
15    755 ILCS 5/11a-17.1
16    755 ILCS 5/11a-18from Ch. 110 1/2, par. 11a-18
17    755 ILCS 5/11a-18.3
18    755 ILCS 5/11a-19from Ch. 110 1/2, par. 11a-19
19    755 ILCS 5/11a-20from Ch. 110 1/2, par. 11a-20
20    755 ILCS 5/13-1from Ch. 110 1/2, par. 13-1
21    755 ILCS 5/18-10from Ch. 110 1/2, par. 18-10
22    755 ILCS 5/19-2from Ch. 110 1/2, par. 19-2
23    755 ILCS 5/25-4from Ch. 110 1/2, par. 25-4
24    755 ILCS 5/27-1from Ch. 110 1/2, par. 27-1
25    755 ILCS 45/2-10from Ch. 110 1/2, par. 802-10