Illinois General Assembly - Full Text of HB4687
Illinois General Assembly

Previous General Assemblies

Full Text of HB4687  100th General Assembly


Sen. Scott M. Bennett

Filed: 5/1/2018





10000HB4687sam001LRB100 17480 HEP 38799 a


2    AMENDMENT NO. ______. Amend House Bill 4687 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Probate Act of 1975 is amended by changing
5Section 11a-17 as follows:
6    (755 ILCS 5/11a-17)  (from Ch. 110 1/2, par. 11a-17)
7    Sec. 11a-17. Duties of personal guardian.
8    (a) To the extent ordered by the court and under the
9direction of the court, the guardian of the person shall have
10custody of the ward and the ward's minor and adult dependent
11children and shall procure for them and shall make provision
12for their support, care, comfort, health, education and
13maintenance, and professional services as are appropriate, but
14the ward's spouse may not be deprived of the custody and
15education of the ward's minor and adult dependent children,
16without the consent of the spouse, unless the court finds that



10000HB4687sam001- 2 -LRB100 17480 HEP 38799 a

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



10000HB4687sam001- 3 -LRB100 17480 HEP 38799 a

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



10000HB4687sam001- 4 -LRB100 17480 HEP 38799 a

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



10000HB4687sam001- 5 -LRB100 17480 HEP 38799 a

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



10000HB4687sam001- 6 -LRB100 17480 HEP 38799 a

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



10000HB4687sam001- 7 -LRB100 17480 HEP 38799 a

1arrangements for the disposition of the ward's remains.
2    (2) If a guardian unreasonably prevents an adult child,
3spouse, adult grandchild, parent, or adult sibling of the ward
4from visiting the ward, the court, upon a verified petition by
5an adult child, may order the guardian to permit visitation
6between the ward and the adult child, spouse, adult grandchild,
7parent, or adult sibling if the court finds that the visitation
8is in the ward's best interests. In making its determination,
9the court shall consider the standards set forth in subsection
10(e) of this Section. The court shall not allow visitation if
11the court finds that the ward has capacity to evaluate and
12communicate decisions regarding visitation and expresses a
13desire not to have visitation with the petitioner. This
14subsection (g) does not apply to duly appointed public
15guardians or the Office of State Guardian.
16(Source: P.A. 98-1107, eff. 8-26-14; 99-143, eff. 7-27-15;
1799-821, eff. 1-1-17.)".