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Full Text of SB0080  102nd General Assembly

SB0080 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0080

 

Introduced 2/3/2021, by Sen. Jil Tracy

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Probate Act of 1975. Provides that, in a case regarding temporary guardianship, if no limited or plenary guardian has been appointed in a case regarding temporary guardianship, the court may grant an extension up to an additional 60 days or until a limited or plenary guardian has been appointed. Provides that the court may appoint separate individuals or entities or co-guardians to act as the guardian of the person and the guardian of the estate of a person with a disability under certain circumstances. Provides that a guardian is entitled to reasonable and appropriate fees, if certain conditions are met. Provides that fees awarded to a guardian shall be considered as a first-class claim for administrative expenses and paid from the guardianship estate from the decedent's estate. Adds procedures regarding the succession of a new public guardian. Makes formatting changes in Sections concerning: definitions; statutory forms; short-term guardians; preliminary hearings; domestic violence orders of protection; sterilization of the ward; and notice of rights of the ward. Changes references to "best interest" to "best interests". Amends the Illinois Power of Attorney Act. Provides that if an agent seeks guardianship of the principal, the petition for guardianship must delineate the specific powers to be granted to the guardian that are not already included in the power of attorney.


LRB102 04047 LNS 14063 b

 

 

A BILL FOR

 

SB0080LRB102 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.

 

 

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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.

 

 

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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;

 

 

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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 of the estate of a
21person 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 a power of attorney
8for the alleged person with a disability must do so in
9conformity with the Illinois Power of Attorney Act.
10(Source: P.A. 99-143, eff. 7-27-15.)
 
11    (755 ILCS 5/11a-10)  (from Ch. 110 1/2, par. 11a-10)
12    Sec. 11a-10. Procedures preliminary to hearing.
13    (a) Upon the filing of a petition pursuant to Section
1411a-8, the court shall set a date and place for hearing to take
15place within 30 days. The court shall appoint a guardian ad
16litem to report to the court concerning the respondent's best
17interests consistent with the provisions of this Section,
18except that the appointment of a guardian ad litem shall not be
19required when the court determines that such appointment is
20not necessary for the protection of the respondent or a
21reasonably informed decision on the petition. If the guardian
22ad litem is not a licensed attorney, he or she shall be
23qualified, by training or experience, to work with or advocate
24for persons with developmental disabilities, the mentally ill,
25persons with physical disabilities, the elderly, or persons

 

 

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1with a disability due to mental deterioration, depending on
2the type of disability that is alleged in the petition. The
3court may allow the guardian ad litem reasonable compensation.
4The guardian ad litem may consult with a person who by training
5or experience is qualified to work with persons with a
6developmental disability, persons with mental illness, persons
7with physical disabilities, or persons with a disability due
8to mental deterioration, depending on the type of disability
9that is alleged. The guardian ad litem shall personally
10observe the respondent prior to the hearing and shall inform
11him orally and in writing of the contents of the petition and
12of his rights, including providing a copy of the notice of
13rights required under subsection (e) under Section 11a-11. The
14guardian ad litem shall also attempt to elicit the
15respondent's position concerning the adjudication of
16disability, the proposed guardian, a proposed change in
17residential placement, changes in care that might result from
18the guardianship, and other areas of inquiry deemed
19appropriate by the court. Notwithstanding any provision in the
20Mental Health and Developmental Disabilities Confidentiality
21Act or any other law, a guardian ad litem shall have the right
22to inspect and copy any medical or mental health record of the
23respondent which the guardian ad litem deems necessary,
24provided that the information so disclosed shall not be
25utilized for any other purpose nor be redisclosed except in
26connection with the proceedings. At or before the hearing, the

 

 

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1guardian ad litem shall file a written report detailing his or
2her observations of the respondent, the responses of the
3respondent to any of the inquiries detailed in this Section,
4the opinion of the guardian ad litem or other professionals
5with whom the guardian ad litem consulted concerning the
6appropriateness of guardianship, and any other material issue
7discovered by the guardian ad litem. The guardian ad litem
8shall appear at the hearing and testify as to any issues
9presented in his or her report.
10    (b) The court (1) may appoint counsel for the respondent,
11if the court finds that the interests of the respondent will be
12best served by the appointment, and (2) shall appoint counsel
13upon respondent's request or if the respondent takes a
14position adverse to that of the guardian ad litem. The
15respondent shall be permitted to obtain the appointment of
16counsel either at the hearing or by any written or oral request
17communicated to the court prior to the hearing. The summons
18shall inform the respondent of this right to obtain appointed
19counsel. The court may allow counsel for the respondent
20reasonable compensation.
21    (c) If the respondent is unable to pay the fee of the
22guardian ad litem or appointed counsel, or both, the court may
23enter an order for the petitioner to pay all such fees or such
24amounts as the respondent or the respondent's estate may be
25unable to pay. However, in cases where the Office of State
26Guardian is the petitioner, consistent with Section 30 of the

 

 

SB0080- 20 -LRB102 04047 LNS 14063 b

1Guardianship and Advocacy Act, where the public guardian is
2the petitioner, consistent with Section 13-5 of this Act,
3where an adult protective services agency is the petitioner,
4pursuant to Section 9 of the Adult Protective Services Act, or
5where the Department of Children and Family Services is the
6petitioner under subparagraph (d) of subsection (1) of Section
72-27 of the Juvenile Court Act of 1987, no guardian ad litem or
8legal fees shall be assessed against the Office of State
9Guardian, the public guardian, the adult protective services
10agency, or the Department of Children and Family Services.
11    (d) The hearing may be held at such convenient place as the
12court directs, including at a facility in which the respondent
13resides.
14    (e) Unless he is the petitioner, the respondent shall be
15personally served with a copy of the petition and a summons not
16less than 14 days before the hearing. The summons shall be
17printed in large, bold type and shall include the following
18notice:
19
NOTICE OF RIGHTS OF RESPONDENT
20    You have been named as a respondent in a guardianship
21petition asking that you be declared a person with a
22disability. If the court grants the petition, a guardian will
23be appointed for you. A copy of the guardianship petition is
24attached for your convenience.
25The date and time of the hearing are:
26The place where the hearing will occur is:

 

 

SB0080- 21 -LRB102 04047 LNS 14063 b

1The Judge's name and phone number is:
2    If a guardian is appointed for you, the guardian may be
3given the right to make all important personal decisions for
4you, such as where you may live, what medical treatment you may
5receive, what places you may visit, and who may visit you. A
6guardian may also be given the right to control and manage your
7money and other property, including your home, if you own one.
8You may lose the right to make these decisions for yourself.
9    You have the following legal rights:
10        (1) You have the right to be present at the court
11    hearing.
12        (2) You have the right to be represented by a lawyer,
13    either one that you retain, or one appointed by the Judge.
14        (3) You have the right to ask for a jury of six persons
15    to hear your case.
16        (4) You have the right to present evidence to the
17    court and to confront and cross-examine witnesses.
18        (5) You have the right to ask the Judge to appoint an
19    independent expert to examine you and give an opinion
20    about your need for a guardian.
21        (6) You have the right to ask that the court hearing be
22    closed to the public.
23        (7) You have the right to tell the court whom you
24    prefer to have for your guardian.
25    You do not have to attend the court hearing if you do not
26want to be there. If you do not attend, the Judge may appoint a

 

 

SB0080- 22 -LRB102 04047 LNS 14063 b

1guardian if the Judge finds that a guardian would be of benefit
2to you. The hearing will not be postponed or canceled if you do
3not attend. If you are unable to attend the hearing in person
4or you will suffer harm if you attend, the Judge can decide to
5hold the hearing at a place that is convenient. The Judge can
6also follow the rule of the Supreme Court of this State, or its
7local equivalent, and decide if a video conference is
8appropriate.
9    IT IS VERY IMPORTANT THAT YOU ATTEND THE HEARING IF YOU DO
10NOT WANT A GUARDIAN OR IF YOU WANT SOMEONE OTHER THAN THE
11PERSON NAMED IN THE GUARDIANSHIP PETITION TO BE YOUR GUARDIAN.
12IF YOU DO NOT WANT A GUARDIAN OR IF YOU HAVE ANY OTHER
13PROBLEMS, YOU SHOULD CONTACT AN ATTORNEY OR COME TO COURT AND
14TELL THE JUDGE.
15    Service of summons and the petition may be made by a
16private person 18 years of age or over who is not a party to
17the action.
18
[END OF FORM]
19    (f) Notice of the time and place of the hearing shall be
20given by the petitioner by mail or in person to those persons,
21including the proposed guardian, whose names and addresses
22appear in the petition and who do not waive notice, not less
23than 14 days before the hearing.
24(Source: P.A. 99-143, eff. 7-27-15; 99-642, eff. 7-28-16;
25100-201, eff. 8-18-17; 100-427, eff. 1-1-18.)
 

 

 

SB0080- 23 -LRB102 04047 LNS 14063 b

1    (755 ILCS 5/11a-10.1)  (from Ch. 110 1/2, par. 11a-10.1)
2    Sec. 11a-10.1. Domestic Violence: Order of Protection. An
3order of protection, as defined in the Illinois Domestic
4Violence Act of 1986, as amended, may be issued in conjunction
5with a proceeding for adjudication of disability and
6appointment of guardian if the petition for an order of
7protection alleges that a person who is party to or the subject
8of the proceeding has been abused by or has abused a family or
9household member or has been neglected or exploited as defined
10in the Illinois Domestic Violence Act of 1986, as amended.
11    If the subject of the order of protection is a high-risk
12adult with disabilities for whom a guardian has been
13appointed, the court may appoint a temporary substitute
14guardian under the provisions of this Act. The court shall
15appoint a temporary substitute guardian if the appointed
16guardian is named as a respondent in a petition for an order of
17protection under the Illinois Domestic Violence Act of 1986,
18as amended. The Illinois Domestic Violence Act of 1986 shall
19govern the issuance, enforcement and recording of orders of
20protection issued under this Section.
21(Source: P.A. 86-542.)
 
22    (755 ILCS 5/11a-12)  (from Ch. 110 1/2, par. 11a-12)
23    Sec. 11a-12. Order of appointment.)
24    (a) If basis for the appointment of a guardian as
25specified in Section 11a-3 is not found, the court shall

 

 

SB0080- 24 -LRB102 04047 LNS 14063 b

1dismiss the petition.
2    (b) If the respondent is adjudged to be a person with a
3disability and to lack some but not all of the capacity as
4specified in Section 11a-3, and if the court finds that
5guardianship is necessary for the protection of the person
6with a disability, his or her estate, or both, the court shall
7appoint a limited guardian for the respondent's person or
8estate or both. The court shall enter a written order stating
9the factual basis for its findings and specifying the duties
10and powers of the guardian and the legal disabilities to which
11the respondent is subject.
12    (c) If the respondent is adjudged to be a person with a
13disability and to be totally without capacity as specified in
14Section 11a-3, and if the court finds that limited
15guardianship will not provide sufficient protection for the
16person with a disability, his or her estate, or both, the court
17shall appoint a plenary guardian for the respondent's person
18or estate or both. The court shall enter a written order
19stating the factual basis for its findings.
20    (d) The selection of the guardian shall be in the
21discretion of the court, which shall give due consideration to
22the preference of the person with a disability as to a
23guardian, as well as the qualifications of the proposed
24guardian, in making its appointment. However, the paramount
25concern in the selection of the guardian is the best interests
26interest and well-being of the person with a disability.

 

 

SB0080- 25 -LRB102 04047 LNS 14063 b

1    (e) The order of appointment of a guardian of the person in
2any county with a population of less than 3 million shall
3include the requirement that the guardian of the person
4complete the training program as provided in Section 33.5 of
5the Guardianship and Advocacy Act that outlines the
6responsibilities of the guardian of the person and the rights
7of the person under guardianship and file with the court a
8certificate of completion one year from the date of issuance
9of the letters of guardianship, except that: (1) the chief
10judge of any circuit may order implementation of another
11training program by a suitable provider containing
12substantially similar content; (2) employees of the Office of
13the State Guardian, public guardians, attorneys currently
14authorized to practice law, corporate fiduciaries, and persons
15certified by the Center for Guardianship Certification are
16exempt from this training requirement; and (3) the court may,
17for good cause shown, exempt from this requirement an
18individual not otherwise listed in item (2). For the purposes
19of this subsection (e), good cause may be proven by affidavit.
20If the court finds good cause to exempt an individual from the
21training requirement, the order of appointment shall so state.
22(Source: P.A. 99-143, eff. 7-27-15; 100-483, eff. 9-8-18.)
 
23    (755 ILCS 5/11a-13.5 new)
24    Sec. 11a-13.5. Guardian fees. A guardian is entitled to
25reasonable and appropriate compensation for services related

 

 

SB0080- 26 -LRB102 04047 LNS 14063 b

1to guardianship duties, but all fees must be reviewed and
2approved by the court pursuant to a fee petition. In
3considering the reasonableness of any fee petition brought by
4a guardian under this Section, the court shall consider the
5following:
6        (1) the powers and duties assigned to the guardian by
7    the court;
8        (2) the necessity of any services provided;
9        (3) the time required, the degree of difficulty, and
10    the experience needed to complete the task;
11        (4) the needs of the ward and the costs of
12    alternatives; and
13        (5) other facts and circumstances material to the best
14    interests of the ward or his or her estate.
15    Fees awarded under this Section shall be considered as a
16first-class claim for administrative expenses and paid from
17the guardianship estate or from the decedent's estate as set
18forth in Section 18-10.
 
19    (755 ILCS 5/11a-17)  (from Ch. 110 1/2, par. 11a-17)
20    Sec. 11a-17. Duties of personal guardian.
21    (a) To the extent ordered by the court and under the
22direction of the court, the guardian of the person shall have
23custody of the ward and the ward's minor and adult dependent
24children and shall procure for them and shall make provision
25for their support, care, comfort, health, education and

 

 

SB0080- 27 -LRB102 04047 LNS 14063 b

1maintenance, and professional services as are appropriate, but
2the ward's spouse may not be deprived of the custody and
3education of the ward's minor and adult dependent children,
4without the consent of the spouse, unless the court finds that
5the spouse is not a fit and competent person to have that
6custody and education. The guardian shall assist the ward in
7the development of maximum self-reliance and independence. The
8guardian of the person may petition the court for an order
9directing the guardian of the estate to pay an amount
10periodically for the provision of the services specified by
11the court order. If the ward's estate is insufficient to
12provide for education and the guardian of the ward's person
13fails to provide education, the court may award the custody of
14the ward to some other person for the purpose of providing
15education. If a person makes a settlement upon or provision
16for the support or education of a ward, the court may make an
17order for the visitation of the ward by the person making the
18settlement or provision as the court deems proper. A guardian
19of the person may not admit a ward to a mental health facility
20except at the ward's request as provided in Article IV of the
21Mental Health and Developmental Disabilities Code and unless
22the ward has the capacity to consent to such admission as
23provided in Article IV of the Mental Health and Developmental
24Disabilities Code.
25    (a-3) If a guardian of an estate has not been appointed,
26the guardian of the person may, without an order of court,

 

 

SB0080- 28 -LRB102 04047 LNS 14063 b

1open, maintain, and transfer funds to an ABLE account on
2behalf of the ward and the ward's minor and adult dependent
3children as specified under Section 16.6 of the State
4Treasurer Act.
5    (a-5) If the ward filed a petition for dissolution of
6marriage under the Illinois Marriage and Dissolution of
7Marriage Act before the ward was adjudicated a person with a
8disability under this Article, the guardian of the ward's
9person and estate may maintain that action for dissolution of
10marriage on behalf of the ward. Upon petition by the guardian
11of the ward's person or estate, the court may authorize and
12direct a guardian of the ward's person or estate to file a
13petition for dissolution of marriage or to file a petition for
14legal separation or declaration of invalidity of marriage
15under the Illinois Marriage and Dissolution of Marriage Act on
16behalf of the ward if the court finds by clear and convincing
17evidence that the relief sought is in the ward's best
18interests. In making its determination, the court shall
19consider the standards set forth in subsection (e) of this
20Section.
21    (a-10) Upon petition by the guardian of the ward's person
22or estate, the court may authorize and direct a guardian of the
23ward's person or estate to consent, on behalf of the ward, to
24the ward's marriage pursuant to Part II of the Illinois
25Marriage and Dissolution of Marriage Act if the court finds by
26clear and convincing evidence that the marriage is in the

 

 

SB0080- 29 -LRB102 04047 LNS 14063 b

1ward's best interests. In making its determination, the court
2shall consider the standards set forth in subsection (e) of
3this Section. Upon presentation of a court order authorizing
4and directing a guardian of the ward's person and estate to
5consent to the ward's marriage, the county clerk shall accept
6the guardian's application, appearance, and signature on
7behalf of the ward for purposes of issuing a license to marry
8under Section 203 of the Illinois Marriage and Dissolution of
9Marriage Act.
10    (b) If the court directs, the guardian of the person shall
11file with the court at intervals indicated by the court, a
12report that shall state briefly: (1) the current mental,
13physical, and social condition of the ward and the ward's
14minor and adult dependent children; (2) their present living
15arrangement, and a description and the address of every
16residence where they lived during the reporting period and the
17length of stay at each place; (3) a summary of the medical,
18educational, vocational, and other professional services given
19to them; (4) a resume of the guardian's visits with and
20activities on behalf of the ward and the ward's minor and adult
21dependent children; (5) a recommendation as to the need for
22continued guardianship; (6) any other information requested by
23the court or useful in the opinion of the guardian. The Office
24of the State Guardian shall assist the guardian in filing the
25report when requested by the guardian. The court may take such
26action as it deems appropriate pursuant to the report.

 

 

SB0080- 30 -LRB102 04047 LNS 14063 b

1    (c) Absent court order pursuant to the Illinois Power of
2Attorney Act directing a guardian to exercise powers of the
3principal under an agency that survives disability, the
4guardian has no power, duty, or liability with respect to any
5personal or health care matters covered by the agency. This
6subsection (c) applies to all agencies, whenever and wherever
7executed.
8    (d) A guardian acting as a surrogate decision maker under
9the Health Care Surrogate Act shall have all the rights of a
10surrogate under that Act without court order including the
11right to make medical treatment decisions such as decisions to
12forgo or withdraw life-sustaining treatment. Any decisions by
13the guardian to forgo or withdraw life-sustaining treatment
14that are not authorized under the Health Care Surrogate Act
15shall require a court order. Nothing in this Section shall
16prevent an agent acting under a power of attorney for health
17care from exercising his or her authority under the Illinois
18Power of Attorney Act without further court order, unless a
19court has acted under Section 2-10 of the Illinois Power of
20Attorney Act. If a guardian is also a health care agent for the
21ward under a valid power of attorney for health care, the
22guardian acting as agent may execute his or her authority
23under that act without further court order.
24    (e) Decisions made by a guardian on behalf of a ward shall
25be made in accordance with the following standards for
26decision making. Decisions made by a guardian on behalf of a

 

 

SB0080- 31 -LRB102 04047 LNS 14063 b

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

 

 

SB0080- 32 -LRB102 04047 LNS 14063 b

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

 

 

SB0080- 33 -LRB102 04047 LNS 14063 b

1not apply to duly appointed public guardians or the Office of
2State Guardian.
3(Source: P.A. 100-1054, eff. 1-1-19; 101-329, eff. 8-9-19.)
 
4    (755 ILCS 5/11a-17.1)
5    Sec. 11a-17.1. Sterilization of ward.
6    (a) A guardian of the person shall not consent to the
7sterilization of the ward without first obtaining an order
8from the court granting the guardian the authority to provide
9consent. For purposes of this Article XIa, "sterilization"
10means any procedure that has as its purpose rendering the ward
11permanently incapable of reproduction; provided, however, that
12an order from the court is not required for a procedure that is
13medically necessary to preserve the life of the ward or to
14prevent serious impairment to the health of the ward and which
15may result in sterilization.
16    (b) A guardian seeking authority to consent to the
17sterilization of the ward shall seek such authority by filing
18a verified motion. The verified motion shall allege facts
19which demonstrate that the proposed sterilization is warranted
20under subsection (f), (g) or (h) of this Section. The guardian
21ad litem will notify the ward of the motion in the manner set
22forth in subsection (c) of this Section.
23    (c) Upon the filing of a verified motion for authority to
24consent to sterilization, the court shall appoint a guardian
25ad litem to report to the court consistent with the provisions

 

 

SB0080- 34 -LRB102 04047 LNS 14063 b

1of this Section. If the guardian ad litem is not a licensed
2attorney, he or she shall be qualified, by training or
3experience, to work with or advocate for persons with a
4developmental disability, mental illness, physical disability,
5or disability because of mental deterioration, depending on
6the type of disability of the ward that is alleged in the
7motion. The court may allow the guardian ad litem reasonable
8compensation. The guardian ad litem may consult with a person
9who by training or experience is qualified to work with
10persons with a developmental disability, mental illness,
11physical disability, or disability because of mental
12deterioration, depending on the type of disability of the ward
13that is alleged. The guardian ad litem may also consult with
14health care providers knowledgeable about reproductive health
15matters including sterilization, other forms of contraception,
16and childbirth. Outside the presence of the guardian, the
17guardian ad litem shall personally observe the ward prior to
18the hearing and shall inform the ward orally and in writing of
19the contents of the verified motion for authority to consent
20to sterilization. Outside the presence of the guardian, the
21guardian ad litem shall also attempt to elicit the ward's
22position concerning the motion, and any other areas of inquiry
23deemed appropriate by the court. At or before the hearing, the
24guardian ad litem shall file a written report detailing his or
25her observations of the ward; the responses of the ward to any
26of the inquiries detailed in this Section; the opinion of the

 

 

SB0080- 35 -LRB102 04047 LNS 14063 b

1guardian ad litem and any other professionals with whom the
2guardian ad litem consulted concerning the ward's
3understanding of and desire for or objection to, as well as
4what is in the ward's best interests interest relative to,
5sterilization, other forms of contraception, and childbirth;
6and any other material issue discovered by the guardian ad
7litem. The guardian ad litem shall appear at the hearing and
8testify, and may present witnesses, as to any issues presented
9in his or her report.
10    (d) The court (1) may appoint counsel for the ward if the
11court finds that the interests of the ward will be best served
12by the appointment, and (2) shall appoint counsel upon the
13ward's request, if the ward is objecting to the proposed
14sterilization, or if the ward takes a position adverse to that
15of the guardian ad litem. The ward shall be permitted to obtain
16the appointment of counsel either at the hearing or by any
17written or oral request communicated to the court prior to the
18hearing. The court shall inform the ward of this right to
19obtain appointed counsel. The court may allow counsel for the
20ward reasonable compensation.
21    (e) The court shall order a medical and psychological
22evaluation of the ward. The evaluation shall address the
23ward's decision-making decision making capacity with respect
24to the proposed sterilization, the existence of any less
25permanent alternatives, and any other material issue.
26    (f) The court shall determine, as a threshold inquiry,

 

 

SB0080- 36 -LRB102 04047 LNS 14063 b

1whether the ward has capacity to consent or withhold consent
2to the proposed sterilization and, if the ward lacks such
3capacity, whether the ward is likely to regain such capacity.
4The ward shall not be deemed to lack such capacity solely on
5the basis of the adjudication of disability and appointment of
6a guardian. In determining capacity, the court shall consider
7whether the ward is able, after being provided appropriate
8information, to understand the relationship between sexual
9activity and reproduction; the consequences of reproduction;
10and the nature and consequences of the proposed sterilization
11procedure. If the court finds that (1) the ward has capacity to
12consent or withhold consent to the proposed sterilization, and
13(2) the ward objects or consents to the procedure, the court
14shall enter an order consistent with the ward's objection or
15consent and the proceedings on the verified motion shall be
16terminated.
17    (g) If the court finds that the ward does not have capacity
18to consent or withhold consent to the proposed sterilization
19and is unlikely to regain such capacity, the court shall
20determine whether the ward is expressing a clear desire for
21the proposed sterilization. If the ward is expressing a clear
22desire for the proposed sterilization, the court's decision
23regarding the proposed sterilization shall be made in
24accordance with the standards set forth in subsection (e) of
25Section 11a-17 of this Act.
26    (h) If the court finds that the ward does not have capacity

 

 

SB0080- 37 -LRB102 04047 LNS 14063 b

1to consent or withhold consent to the proposed sterilization
2and is unlikely to regain such capacity, and that the ward is
3not expressing a clear desire for the proposed sterilization,
4the court shall consider the standards set forth in subsection
5(e) of Section 11a-17 of this Act and enter written findings of
6fact and conclusions of law addressing those standards. In
7addition, the court shall not authorize the guardian to
8consent to the proposed sterilization unless the court finds,
9by clear and convincing evidence and based on written findings
10of fact and conclusions of law, that all of the following
11factors are present:
12        (1) The ward lacks decisional capacity regarding the
13    proposed sterilization.
14        (2) The ward is fertile and capable of procreation.
15        (3) The benefits to the ward of the proposed
16    sterilization outweigh the harm.
17        (4) The court has considered less intrusive
18    alternatives and found them to be inadequate in this case.
19        (5) The proposed sterilization is in the best
20    interests interest of the ward. In considering the ward's
21    best interests interest, the court shall consider the
22    following factors:
23            (A) The possibility that the ward will experience
24        trauma or psychological damage if he or she has a child
25        and, conversely, the possibility of trauma or
26        psychological damage from the proposed sterilization.

 

 

SB0080- 38 -LRB102 04047 LNS 14063 b

1            (B) The ward is or is likely to become sexually
2        active.
3            (C) The inability of the ward to understand
4        reproduction or contraception and the likely
5        permanence of that inability.
6            (D) Any other factors that assist the court in
7        determining the best interests interest of the ward
8        relative to the proposed sterilization.
9(Source: P.A. 96-272, eff. 1-1-10.)
 
10    (755 ILCS 5/11a-18)  (from Ch. 110 1/2, par. 11a-18)
11    Sec. 11a-18. Duties of the estate guardian.
12    (a) To the extent specified in the order establishing the
13guardianship, the guardian of the estate shall have the care,
14management and investment of the estate, shall manage the
15estate frugally and shall apply the income and principal of
16the estate so far as necessary for the comfort and suitable
17support and education of the ward, his minor and adult
18dependent children, and persons related by blood or marriage
19who are dependent upon or entitled to support from him, or for
20any other purpose which the court deems to be for the best
21interests of the ward, and the court may approve the making on
22behalf of the ward of such agreements as the court determines
23to be for the ward's best interests. The guardian may make
24disbursement of his ward's funds and estate directly to the
25ward or other distributee or in such other manner and in such

 

 

SB0080- 39 -LRB102 04047 LNS 14063 b

1amounts as the court directs. If the estate of a ward is
2derived in whole or in part from payments of compensation,
3adjusted compensation, pension, insurance or other similar
4benefits made directly to the estate by the Veterans
5Administration, notice of the application for leave to invest
6or expend the ward's funds or estate, together with a copy of
7the petition and proposed order, shall be given to the
8Veterans' Administration Regional Office in this State at
9least 7 days before the hearing on the application.
10    (a-5) The probate court, upon petition of a guardian,
11other than the guardian of a minor, and after notice to all
12other persons interested as the court directs, may authorize
13the guardian to exercise any or all powers over the estate and
14business affairs of the ward that the ward could exercise if
15present and not under disability. The court may authorize the
16taking of an action or the application of funds not required
17for the ward's current and future maintenance and support in
18any manner approved by the court as being in keeping with the
19ward's wishes so far as they can be ascertained. The court must
20consider the permanence of the ward's disabling condition and
21the natural objects of the ward's bounty. In ascertaining and
22carrying out the ward's wishes the court may consider, but
23shall not be limited to, minimization of State or federal
24income, estate, or inheritance taxes; and providing gifts to
25charities, relatives, and friends that would be likely
26recipients of donations from the ward. The ward's wishes as

 

 

SB0080- 40 -LRB102 04047 LNS 14063 b

1best they can be ascertained shall be carried out, whether or
2not tax savings are involved. Actions or applications of funds
3may include, but shall not be limited to, the following:
4        (1) making gifts of income or principal, or both, of
5    the estate, either outright or in trust;
6        (2) conveying, releasing, or disclaiming his or her
7    contingent and expectant interests in property, including
8    marital property rights and any right of survivorship
9    incident to joint tenancy or tenancy by the entirety;
10        (3) releasing or disclaiming his or her powers as
11    trustee, personal representative, custodian for minors, or
12    guardian;
13        (4) exercising, releasing, or disclaiming his or her
14    powers as donee of a power of appointment;
15        (5) entering into contracts;
16        (6) creating for the benefit of the ward or others,
17    revocable or irrevocable trusts of his or her property
18    that may extend beyond his or her disability or life;
19        (7) exercising options of the ward to purchase or
20    exchange securities or other property;
21        (8) exercising the rights of the ward to elect benefit
22    or payment options, to terminate, to change beneficiaries
23    or ownership, to assign rights, to borrow, or to receive
24    cash value in return for a surrender of rights under any
25    one or more of the following:
26            (i) life insurance policies, plans, or benefits,

 

 

SB0080- 41 -LRB102 04047 LNS 14063 b

1            (ii) annuity policies, plans, or benefits,
2            (iii) mutual fund and other dividend investment
3        plans,
4            (iv) retirement, profit sharing, and employee
5        welfare plans and benefits;
6        (9) exercising his or her right to claim or disclaim
7    an elective share in the estate of his or her deceased
8    spouse and to renounce any interest by testate or
9    intestate succession or by inter vivos transfer;
10        (10) changing the ward's residence or domicile; or
11        (11) modifying by means of codicil or trust amendment
12    the terms of the ward's will or any revocable trust
13    created by the ward, as the court may consider advisable
14    in light of changes in applicable tax laws.
15    The guardian in his or her petition shall briefly outline
16the action or application of funds for which he or she seeks
17approval, the results expected to be accomplished thereby, and
18the tax savings, if any, expected to accrue. The proposed
19action or application of funds may include gifts of the ward's
20personal property or real estate, but transfers of real estate
21shall be subject to the requirements of Section 20 of this Act.
22Gifts may be for the benefit of prospective legatees,
23devisees, or heirs apparent of the ward or may be made to
24individuals or charities in which the ward is believed to have
25an interest. The guardian shall also indicate in the petition
26that any planned disposition is consistent with the intentions

 

 

SB0080- 42 -LRB102 04047 LNS 14063 b

1of the ward insofar as they can be ascertained, and if the
2ward's intentions cannot be ascertained, the ward will be
3presumed to favor reduction in the incidents of various forms
4of taxation and the partial distribution of his or her estate
5as provided in this subsection. The guardian shall not,
6however, be required to include as a beneficiary or fiduciary
7any person who he has reason to believe would be excluded by
8the ward. A guardian shall be required to investigate and
9pursue a ward's eligibility for governmental benefits.
10    (a-6) The guardian may, without an order of court, open,
11maintain, and transfer funds to an ABLE account on behalf of
12the ward and the ward's minor and adult dependent children as
13specified under Section 16.6 of the State Treasurer Act.
14    (b) Upon the direction of the court which issued his
15letters, a guardian may perform the contracts of his ward
16which were legally subsisting at the time of the commencement
17of the ward's disability. The court may authorize the guardian
18to execute and deliver any bill of sale, deed or other
19instrument.
20    (c) The guardian of the estate of a ward shall appear for
21and represent the ward in all legal proceedings unless another
22person is appointed for that purpose as guardian or next
23friend. This does not impair the power of any court to appoint
24a guardian ad litem or next friend to defend the interests of
25the ward in that court, or to appoint or allow any person as
26the next friend of a ward to commence, prosecute or defend any

 

 

SB0080- 43 -LRB102 04047 LNS 14063 b

1proceeding in his behalf. Without impairing the power of the
2court in any respect, if the guardian of the estate of a ward
3and another person as next friend shall appear for and
4represent the ward in a legal proceeding in which the
5compensation of the attorney or attorneys representing the
6guardian and next friend is solely determined under a
7contingent fee arrangement, the guardian of the estate of the
8ward shall not participate in or have any duty to review the
9prosecution of the action, to participate in or review the
10appropriateness of any settlement of the action, or to
11participate in or review any determination of the
12appropriateness of any fees awarded to the attorney or
13attorneys employed in the prosecution of the action.
14    (d) Adjudication of disability shall not revoke or
15otherwise terminate a trust which is revocable by the ward. A
16guardian of the estate shall have no authority to revoke a
17trust that is revocable by the ward, except that the court may
18authorize a guardian to revoke a Totten trust or similar
19deposit or withdrawable capital account in trust to the extent
20necessary to provide funds for the purposes specified in
21paragraph (a) of this Section. If the trustee of any trust for
22the benefit of the ward has discretionary power to apply
23income or principal for the ward's benefit, the trustee shall
24not be required to distribute any of the income or principal to
25the guardian of the ward's estate, but the guardian may bring
26an action on behalf of the ward to compel the trustee to

 

 

SB0080- 44 -LRB102 04047 LNS 14063 b

1exercise the trustee's discretion or to seek relief from an
2abuse of discretion. This paragraph shall not limit the right
3of a guardian of the estate to receive accountings from the
4trustee on behalf of the ward.
5    (d-5) Upon a verified petition by the plenary or limited
6guardian of the estate or the request of the ward that is
7accompanied by a current physician's report that states the
8ward possesses testamentary capacity, the court may enter an
9order authorizing the ward to execute a will or codicil. In so
10ordering, the court shall authorize the guardian to retain
11independent counsel for the ward with whom the ward may
12execute or modify a will or codicil.
13    (e) Absent court order pursuant to the Illinois Power of
14Attorney Act directing a guardian to exercise powers of the
15principal under an agency that survives disability, the
16guardian will have no power, duty or liability with respect to
17any property subject to the agency. This subsection (e)
18applies to all agencies, whenever and wherever executed.
19    (f) Upon petition by any interested person (including the
20standby or short-term guardian), with such notice to
21interested persons as the court directs and a finding by the
22court that it is in the best interests interest of the person
23with a disability, the court may terminate or limit the
24authority of a standby or short-term guardian or may enter
25such other orders as the court deems necessary to provide for
26the best interests interest of the person with a disability.

 

 

SB0080- 45 -LRB102 04047 LNS 14063 b

1The petition for termination or limitation of the authority of
2a standby or short-term guardian may, but need not, be
3combined with a petition to have another guardian appointed
4for the person with a disability.
5(Source: P.A. 101-329, eff. 8-9-19.)
 
6    (755 ILCS 5/11a-18.3)
7    Sec. 11a-18.3. Duties of short-term guardian of a person
8with a disability.
9    (a) Immediately upon the effective date of the appointment
10of a short-term guardian, the short-term guardian shall assume
11all duties as short-term guardian of the person with a
12disability as provided in this Section. The short-term
13guardian of the person shall have authority to act as
14short-term guardian, without direction of the court, for the
15duration of the appointment, which in no case shall exceed a
16cumulative total of 60 days in any 12-month 12 month period for
17all short-term guardians appointed by the guardian. The
18authority of the short-term guardian may be limited or
19terminated by a court of competent jurisdiction.
20    (b) Unless further specifically limited by the instrument
21appointing the short-term guardian, a short-term guardian
22shall have the authority to act as a guardian of the person of
23a person with a disability as prescribed in Section 11a-17,
24but shall not have any authority to act as guardian of the
25estate of a person with a disability, except that a short-term

 

 

SB0080- 46 -LRB102 04047 LNS 14063 b

1guardian shall have the authority to apply for and receive on
2behalf of the person with a disability benefits to which the
3person with a disability may be entitled from or under
4federal, State, or local organizations or programs.
5(Source: P.A. 99-143, eff. 7-27-15.)
 
6    (755 ILCS 5/11a-19)  (from Ch. 110 1/2, par. 11a-19)
7    Sec. 11a-19. Notice of right to seek modification. At the
8time of the appointment of a guardian the court shall inform
9the ward of his right under Section 11a-20 to petition for
10termination of adjudication of disability, revocation of the
11letters of guardianship of the estate or person, or both, or
12modification of the duties of the guardian and shall give the
13ward a written statement explaining this right and the
14procedures for petitioning the court. The notice shall be in
15large, bold type and shall be in a format substantially
16similar to the following: notice of rights required under
17subsection (e) of Section 11a-10 of this Act.
18
IN THE CIRCUIT COURT OF THE ... JUDICIAL CIRCUIT OF ILLINOIS
19
... COUNTY
20IN RE THE ESTATE OF             ) 
21                                ) 
22.....................,          )   CASE NO. .... 
23a Person with a Disability,     ) 
 
24
NOTICE TO WARD OF RIGHT TO SEEK MODIFICATION

 

 

 

SB0080- 47 -LRB102 04047 LNS 14063 b

1    [Insert name] was appointed your Guardian of the Person on
2[insert date].
3    [Insert name] was appointed your Guardian of the Estate on
4[insert date].
5    You have the right to ask the court to dismiss this
6guardianship, to revoke the power of this guardian to act for
7you, or to modify the duties of any such guardian.
8    You, or someone on your behalf, can make this request,
9even by an informal letter, a telephone call, or a visit to the
10court. You should send your letter to the court at the
11following address; [insert name of judge and mailing address
12of courthouse].
13    The court may appoint a Guardian ad Litem to investigate
14and report to the court. You have the right to have a lawyer
15appointed for you, to have a hearing before the court, to have
16a jury of six persons decide the facts, to present evidence and
17tell your story, and to ask witnesses any questions in
18cross-examination.
19    Entered this.....day of.............., 20.... 
20                                    .................
21                                            JUDGE
 
22[..]    At the time of the appointment of the Guardian in this
23cause, the court informed the ward of his or her rights under
24Section 11a-20 of the Illinois Probate Act and gave the ward,

 

 

SB0080- 48 -LRB102 04047 LNS 14063 b

1in open court, the above-written notice explaining these
2rights and procedures.
 
3or
 
4[..]    The Clerk of the Circuit Court shall mail a copy of the
5above-written notice to the above-named person with a
6disability at the residence address set forth in the petition
7filed herein.
 
8Copy Mailed:.................................................
 
9                            ............................................................. 
10                                Clerk of the Circuit Court
 
11
[END OF FORM].
12(Source: P.A. 89-396, eff. 8-20-95.)
 
13    (755 ILCS 5/11a-20)  (from Ch. 110 1/2, par. 11a-20)
14    Sec. 11a-20. Termination of adjudication of disability -
15Revocation of letters - modification.)
16    (a) Except as provided in subsection (b-5), upon the
17filing of a petition by or on behalf of a person with a
18disability or on its own motion, the court may terminate the
19adjudication of disability of the ward, revoke the letters of
20guardianship of the estate or person, or both, or modify the

 

 

SB0080- 49 -LRB102 04047 LNS 14063 b

1duties of the guardian if the ward's capacity to perform the
2tasks necessary for the care of his person or the management of
3his estate has been demonstrated by clear and convincing
4evidence. A report or testimony by a licensed physician is not
5a prerequisite for termination, revocation or modification of
6a guardianship order under this subsection (a).
7    (b) Except as provided in subsection (b-5), a request by
8the ward or any other person on the ward's behalf, under this
9Section may be communicated to the court or judge by any means,
10including but not limited to informal letter, telephone call
11or visit. Upon receipt of a request from the ward or another
12person, the court may appoint a guardian ad litem to
13investigate and report to the court concerning the allegations
14made in conjunction with said request, and if the ward wishes
15to terminate, revoke, or modify the guardianship order, to
16prepare the ward's petition and to render such other services
17as the court directs.
18    (b-5) Upon the filing of a verified petition by the
19guardian of the person with a disability or the person with a
20disability, the court may terminate the adjudication of
21disability of the ward, revoke the letters of guardianship of
22the estate or person, or both, or modify the duties of the
23guardian if: (i) a report completed in accordance with
24subsection (a) of Section 11a-9 states that the person with a
25disability is no longer in need of guardianship or that the
26type and scope of guardianship should be modified; (ii) the

 

 

SB0080- 50 -LRB102 04047 LNS 14063 b

1person with a disability no longer wishes to be under
2guardianship or desires that the type and scope of
3guardianship be modified; and (iii) the guardian of the person
4with a disability states that it is in the best interests
5interest of the person with a disability to terminate the
6adjudication of disability of the ward, revoke the letters of
7guardianship of the estate or person, or both, or modify the
8duties of the guardian, and provides the basis thereof. In a
9proceeding brought pursuant to this subsection (b-5), the
10court may terminate the adjudication of disability of the
11ward, revoke the letters of guardianship of the estate or
12person, or both, or modify the duties of the guardian, unless
13it has been demonstrated by clear and convincing evidence that
14the ward is incapable of performing the tasks necessary for
15the care of his or her person or the management of his or her
16estate.
17    (c) Notice of the hearing on a petition under this
18Section, together with a copy of the petition, shall be given
19to the ward, unless he is the petitioner, and to each and every
20guardian to whom letters of guardianship have been issued and
21not revoked, not less than 14 days before the hearing.
22(Source: P.A. 99-143, eff. 7-27-15.)
 
23    (755 ILCS 5/13-1)  (from Ch. 110 1/2, par. 13-1)
24    Sec. 13-1. Appointment and term of public administrator
25and public guardian.)

 

 

SB0080- 51 -LRB102 04047 LNS 14063 b

1    (a) Except as provided in Section 13-1.1, before the first
2Monday of December, 1977 and every 4 years thereafter, and as
3often as vacancies occur, the Governor, by and with the advice
4and consent of the Senate, shall appoint in each county a
5suitable person to serve as public administrator and a
6suitable person to serve as public guardian of the county. The
7Governor may designate, without the advice and consent of the
8Senate, the Office of State Guardian as an interim public
9guardian to fill a vacancy in one or more counties having a
10population of 500,000 or less if the designation:
11        (1) is specifically designated as an interim
12    appointment for a term of the lesser of one year or until
13    the Governor appoints, with the advice and consent of the
14    Senate, a county public guardian to fill the vacancy;
15        (2) requires the Office of State Guardian to affirm
16    its availability to act in the county; and
17        (3) expires in a pending case of a person with a
18    disability in the county at such a time as the court
19    appoints a qualified successor guardian of the estate and
20    person for the person with a disability.
21    When appointed as an interim public guardian, the State
22Guardian will perform the powers and duties assigned under the
23Guardianship and Advocacy Act.
24    The Governor may appoint the same person to serve as
25public guardian and public administrator in one or more
26counties. In considering the number of counties of service for

 

 

SB0080- 52 -LRB102 04047 LNS 14063 b

1any prospective public guardian or public administrator the
2Governor may consider the population of the county and the
3ability of the prospective public guardian or public
4administrator to travel to multiple counties and manage
5estates in multiple counties. Each person so appointed holds
6his office for 4 years from the first Monday of December, 1977
7and every 4 years thereafter or until his successor is
8appointed and qualified.
9    (b) Within 14 days of notification to the current public
10guardian of the appointment by the Governor of a new public
11guardian pursuant to this Section, the outgoing public
12guardian shall provide the incoming successor public guardian
13with a list of current guardianships. Within 60 days of
14receipt of the list of guardianships, the incoming public
15guardian may petition the court for a transfer of a
16guardianship to the incoming public guardian. The transfer of
17a guardianship of the person, estate, or both shall be made if
18it is in the best interests of the ward as determined by the
19court on a case-by-case basis.
20    Factors for the court to consider include, but are not
21limited to, the following:
22        (1) the ward's preference as to the transfer of the
23    guardianship;
24        (2) the recommendation of the guardian ad litem, the
25    ward's family members, and other interested parties;
26        (3) the length of time in which the outgoing public

 

 

SB0080- 53 -LRB102 04047 LNS 14063 b

1    guardian has served as guardian for the ward;
2        (4) the ward's relationship with the outgoing public
3    guardian's office;
4        (5) the nature and extent of the ward's disabilities;
5        (6) the ward's current residential placement, his or
6    her current support network, and ongoing needs;
7        (7) the costs involved in the transfer of the ward's
8    estate;
9        (8) the status of pending legal matters or other
10    matters germane to the ward's care or the management of
11    the ward's estate;
12        (9) the obligation to post bond and the cost thereof;
13        (10) the guardians' status with regard to
14    certification by the Center for Guardianship
15    Certification; and
16        (11) other good causes.
17    If the court approves a transfer to the incoming public
18guardian, the outgoing public guardian shall file a final
19account of his or her activities on behalf of the ward within
2030 days or within such other time that the court may allow. The
21outgoing public guardian may file a petition for final fees
22pursuant to subsection (b) of Section 13-3.1.
23(Source: P.A. 100-483, eff. 9-8-18.)
 
24    (755 ILCS 5/18-10)  (from Ch. 110 1/2, par. 18-10)
25    Sec. 18-10. Classification of claims against decedent's

 

 

SB0080- 54 -LRB102 04047 LNS 14063 b

1estate. All claims against the estate of a decedent are
2divided into classes in the manner following:
3    1st: Funeral and burial expenses, expenses of
4administration, fees awarded under Section 11a-13.5, 13-3,
513-3.1, or 27-1, and statutory custodial claims. For the
6purposes of this paragraph, funeral and burial expenses paid
7by any person, including a surviving spouse, are funeral and
8burial expenses; and funeral and burial expenses include
9reasonable amounts paid for a burial space, crypt or niche, a
10marker on the burial space, care of the burial space, crypt or
11niche, and interest on these amounts. Interest on these
12amounts shall accrue beginning 60 days after issuance of
13letters of office to the representative of the decedent's
14estate, or if no such letters of office are issued, then
15beginning 60 days after those amounts are due, up to the rate
16of 9% per annum as allowed by contract or law.
17    2nd: The surviving spouse's or child's award.
18    3rd: Debts due the United States.
19    4th: Reasonable and necessary medical, hospital, and
20nursing home expenses for the care of the decedent during the
21year immediately preceding death; and money due employees of
22the decedent of not more than $800 for each claimant for
23services rendered within 4 months prior to the decedent's
24death.
25    5th: Money and property received or held in trust by
26decedent which cannot be identified or traced.

 

 

SB0080- 55 -LRB102 04047 LNS 14063 b

1    6th: Debts due this State and any county, township, city,
2town, village or school district located within this State.
3    7th: All other claims.
4(Source: P.A. 100-1079, eff. 8-24-18.)
 
5    (755 ILCS 5/19-2)  (from Ch. 110 1/2, par. 19-2)
6    Sec. 19-2. Lease, sale, mortgage or pledge of personal
7estate of ward.) By leave of court a representative may lease,
8sell, mortgage or pledge any personal estate of the ward, when
9in the opinion of the court it is for the best interests
10interest of the ward or his estate.
11(Source: P.A. 79-328.)
 
12    (755 ILCS 5/25-4)  (from Ch. 110 1/2, par. 25-4)
13    Sec. 25-4. Sale of small real estate interest of ward.) If
14the interest of a ward in any parcel of real estate does not
15exceed $2,500 in value and a private sale thereof can be made
16for cash, the interest may be sold as provided in this Section
17instead of as prescribed elsewhere in this Act. The
18representative of the estate of the ward may file a petition
19setting forth: (a) the description of the real estate, the
20interest of the ward therein and the value of the interest
21sought to be sold; (b) the name and post office address of the
22ward; (c) a private sale of the ward's interest can be made for
23cash; and (d) it is for the best interests interest of the ward
24that his interest in the real estate be sold. Upon the filing

 

 

SB0080- 56 -LRB102 04047 LNS 14063 b

1of the petition the court shall set it for hearing not less
2than 20 days thereafter. Not less than 15 days before the date
3of hearing of the petition, the clerk of the court shall mail a
4notice of the time and place of the hearing to the ward. No
5guardian ad litem need be appointed for the ward unless the
6court finds it necessary for the ward's protection. If on the
7hearing the court finds that the ward's interest in the real
8estate to be sold does not exceed $2,500 in value, a private
9sale of the ward's interest can be made for cash and it is for
10the best interests interest of the ward that the sale be made,
11the court shall direct the petitioner to sell the ward's
12interest at private sale for cash for such price as the court
13determines and upon receipt of the purchase price to execute
14and deliver a deed to the purchaser. The court shall require
15the representative to furnish a bond conditioned upon his
16disposing of the proceeds of sale in the manner required by
17law, and with or without sureties and in such amount as the
18court directs; and it is the duty of the representative to file
19the bond in and have it approved by the court.
20(Source: P.A. 79-328.)
 
21    (755 ILCS 5/27-1)  (from Ch. 110 1/2, par. 27-1)
22    Sec. 27-1. Fees of representative. A representative is
23entitled to reasonable compensation for his services, but no
24fees, charges or other compensation may be allowed a public
25administrator for services performed in administering that

 

 

SB0080- 57 -LRB102 04047 LNS 14063 b

1part of the estate of any United States war veteran which
2consists of compensation, insurance or other monies due or
3payable from the United States because of the veteran's war
4service. No fees, charges or other compensation may be allowed
5an employee of the Department of Human Services or the
6Department of Children and Family Services designated under
7paragraph (b) of Section 11-3 for services as guardian of the
8estate of a patient or resident in a State mental health or
9developmental disabilities facility or other State
10institution. Fees awarded under this Section shall be
11considered as a first-class claim for administrative expenses
12and paid from the guardianship estate or from the probate
13estate pursuant to Section 18-10. Fees awarded to guardians
14shall be consistent with Section 11a-13.5.
15(Source: P.A. 89-507, eff. 7-1-97.)
 
16    Section 10. The Illinois Power of Attorney Act is amended
17by changing Section 2-10 as follows:
 
18    (755 ILCS 45/2-10)  (from Ch. 110 1/2, par. 802-10)
19    Sec. 2-10. Agency-court relationship.
20    (a) Upon petition by any interested person (including the
21agent), with such notice to interested persons as the court
22directs and a finding by the court that the principal lacks
23either the capacity to control or the capacity to revoke the
24agency, the court may construe a power of attorney, review the

 

 

SB0080- 58 -LRB102 04047 LNS 14063 b

1agent's conduct, and grant appropriate relief including
2compensatory damages.
3    (b) If the court finds that the agent is not acting for the
4benefit of the principal in accordance with the terms of the
5agency or that the agent's action or inaction has caused or
6threatens substantial harm to the principal's person or
7property in a manner not authorized or intended by the
8principal, the court may order a guardian of the principal's
9person or estate to exercise any powers of the principal under
10the agency, including the power to revoke the agency, or may
11enter such other orders without appointment of a guardian as
12the court deems necessary to provide for the best interests of
13the principal.
14    (c) If the court finds that the agency requires
15interpretation, the court may construe the agency and instruct
16the agent, but the court may not amend the agency.
17    (d) If the court finds that the agent has not acted for the
18benefit of the principal in accordance with the terms of the
19agency and the Illinois Power of Attorney Act, or that the
20agent's action caused or threatened substantial harm to the
21principal's person or property in a manner not authorized or
22intended by the principal, then the agent shall not be
23authorized to pay or be reimbursed from the estate of the
24principal the attorneys' fees and costs of the agent in
25defending a proceeding brought pursuant to this Section.
26    (e) Upon a finding that the agent's action has caused

 

 

SB0080- 59 -LRB102 04047 LNS 14063 b

1substantial harm to the principal's person or property, the
2court may assess against the agent reasonable costs and
3attorney's fees to a prevailing party who is a provider agency
4as defined in Section 2 of the Adult Protective Services Act, a
5representative of the Office of the State Long Term Care
6Ombudsman, the State Guardian, a public guardian, or a
7governmental agency having regulatory authority to protect the
8welfare of the principal.
9    (f) As used in this Section, the term "interested person"
10includes (1) the principal or the agent; (2) a guardian of the
11person, guardian of the estate, or other fiduciary charged
12with management of the principal's property; (3) the
13principal's spouse, parent, or descendant; (4) a person who
14would be a presumptive heir-at-law of the principal; (5) a
15person named as a beneficiary to receive any property,
16benefit, or contractual right upon the principal's death, or
17as a beneficiary of a trust created by or for the principal;
18(6) a provider agency as defined in Section 2 of the Adult
19Protective Services Act, a representative of the Office of the
20State Long Term Care Ombudsman, the State Guardian, a public
21guardian, or a governmental agency having regulatory authority
22to protect the welfare of the principal; and (7) the
23principal's caregiver or another person who demonstrates
24sufficient interest in the principal's welfare.
25    (g) Absent court order directing a guardian to exercise
26powers of the principal under the agency, a guardian will have

 

 

SB0080- 60 -LRB102 04047 LNS 14063 b

1no power, duty or liability with respect to any property
2subject to the agency or any personal or health care matters
3covered by the agency. If an agent seeks guardianship of the
4principal pursuant to the Probate Act of 1975, the petition
5for guardianship must delineate the specific powers to be
6granted to the guardian that are not already included in the
7power of attorney. The petition for temporary, limited, or
8plenary guardianship of the principal under the Probate Act of
91975 may include a prayer for relief to suspend a power of
10attorney or to revoke a power of attorney in accordance with
11subsection (b).
12    (h) Proceedings under this Section shall be commenced in
13the county where the guardian was appointed or, if no Illinois
14guardian is acting, then in the county where the agent or
15principal resides or where the principal owns real property.
16    (i) This Section shall not be construed to limit any other
17remedies available.
18(Source: P.A. 98-49, eff. 7-1-13; 98-562, eff. 8-27-13;
1998-756, eff. 7-16-14.)

 

 

SB0080- 61 -LRB102 04047 LNS 14063 b

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