Full Text of HB0266 102nd General Assembly
HB0266enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Probate Act of 1975 is amended by changing | 5 | | Section 11a-17 as follows:
| 6 | | (755 ILCS 5/11a-17) (from Ch. 110 1/2, par. 11a-17)
| 7 | | Sec. 11a-17. Duties of personal guardian.
| 8 | | (a) To the extent ordered by the court and under the | 9 | | direction of the
court, the guardian of the person shall have | 10 | | custody of the ward and the
ward's minor and adult dependent | 11 | | children and shall procure for them and shall
make provision | 12 | | for their support, care, comfort, health, education and
| 13 | | maintenance, and professional services as are appropriate, but | 14 | | the ward's
spouse may not be deprived of the custody and | 15 | | education of the ward's minor
and adult dependent children, | 16 | | without the consent of the spouse, unless the
court finds that | 17 | | the spouse is not a fit and competent person to have that
| 18 | | custody and education. The guardian shall assist the ward in | 19 | | the
development of maximum self-reliance and independence. The | 20 | | guardian of the
person may petition the court for an order | 21 | | directing the guardian of the
estate to pay an amount | 22 | | periodically for the provision of the services
specified by | 23 | | the court order. If the ward's estate is insufficient to
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| 1 | | provide for education and the guardian of the ward's person | 2 | | fails to
provide education, the court may award the custody of | 3 | | the ward to some
other person for the purpose of providing | 4 | | education. If a person makes a
settlement upon or provision | 5 | | for the support or education of a ward, the
court may make an | 6 | | order for the visitation of the ward by the person making
the | 7 | | settlement or provision as the court deems proper. A guardian | 8 | | of the person may not admit a ward to a mental health facility | 9 | | except at the ward's request as provided in Article IV of the | 10 | | Mental Health and Developmental Disabilities Code and unless | 11 | | the ward has the capacity to consent to such admission as | 12 | | provided in Article IV of the Mental Health and Developmental | 13 | | Disabilities Code.
| 14 | | (a-3) If a guardian of an estate has not been appointed, | 15 | | the guardian of the person may, without an order of court, | 16 | | open, maintain, and transfer funds to an ABLE account on | 17 | | behalf of the ward and the ward's minor and adult dependent | 18 | | children as specified under Section 16.6 of the State | 19 | | Treasurer Act. | 20 | | (a-5) If the ward filed a petition for dissolution of | 21 | | marriage under the
Illinois
Marriage and Dissolution of | 22 | | Marriage Act before the ward was adjudicated a
person with a | 23 | | disability under this Article, the guardian of the ward's | 24 | | person and estate may
maintain that
action for
dissolution of | 25 | | marriage on behalf of the ward. Upon petition by the guardian | 26 | | of the ward's person or estate, the court may authorize and |
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| 1 | | direct a guardian of the ward's person or estate to file a | 2 | | petition for dissolution of marriage or to file a petition for | 3 | | legal separation or declaration of invalidity of marriage | 4 | | under the Illinois Marriage and Dissolution of Marriage Act on | 5 | | behalf of the ward if the court finds by clear and convincing | 6 | | evidence that the relief sought is in the ward's best | 7 | | interests. In making its determination, the court shall | 8 | | consider the standards set forth in subsection (e) of this | 9 | | Section. | 10 | | (a-10) Upon petition by the guardian of the ward's person | 11 | | or estate, the court may authorize and direct a guardian of the | 12 | | ward's person or estate to consent, on behalf of the ward, to | 13 | | the ward's marriage pursuant to Part II of the Illinois | 14 | | Marriage and Dissolution of Marriage Act if the court finds by | 15 | | clear and convincing evidence that the marriage is in the | 16 | | ward's best interests. In making its determination, the court | 17 | | shall consider the standards set forth in subsection (e) of | 18 | | this Section. Upon presentation of a court order authorizing | 19 | | and directing a guardian of the ward's person and estate to | 20 | | consent to the ward's marriage, the county clerk shall accept | 21 | | the guardian's application, appearance, and signature on | 22 | | behalf of the ward for purposes of issuing a license to marry | 23 | | under Section 203 of the Illinois Marriage and Dissolution of | 24 | | Marriage Act.
| 25 | | (b) If the court directs, the guardian of the person shall | 26 | | file
with the court at intervals indicated by the court, a |
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| 1 | | report that
shall state briefly: (1) the current mental, | 2 | | physical, and social
condition of the ward and the ward's | 3 | | minor and adult dependent children; (2)
their present living | 4 | | arrangement, and a description and the address of
every | 5 | | residence where they lived during the reporting period and the | 6 | | length
of stay at each place; (3) a summary of the medical, | 7 | | educational,
vocational, and other professional services given | 8 | | to them; (4) a resume of
the guardian's visits with and | 9 | | activities on behalf of the ward and the ward's
minor and adult | 10 | | dependent children; (5) a recommendation as to the need for
| 11 | | continued guardianship; (6) any other information requested by | 12 | | the court or
useful in the opinion of the guardian. The Office | 13 | | of the State Guardian
shall assist the guardian in filing the | 14 | | report when requested by the
guardian. The court may take such | 15 | | action as it deems appropriate pursuant
to the report.
| 16 | | (c) Absent court order pursuant to the Illinois Power of | 17 | | Attorney Act
directing a guardian to exercise powers of the | 18 | | principal under an agency
that survives disability, the | 19 | | guardian has no power, duty, or liability
with respect to any | 20 | | personal or health care matters covered by the agency.
This | 21 | | subsection (c) applies to all agencies, whenever and wherever | 22 | | executed.
| 23 | | (d) A guardian acting as a surrogate decision maker under | 24 | | the Health
Care Surrogate Act shall have all the rights of a | 25 | | surrogate under that Act
without court order including the | 26 | | right to make medical treatment decisions
such as decisions to |
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| 1 | | forgo or withdraw life-sustaining treatment.
Any decisions by | 2 | | the guardian to forgo or withdraw life-sustaining treatment
| 3 | | that are not authorized under the Health Care Surrogate Act | 4 | | shall require a
court order. Nothing in this Section shall | 5 | | prevent an agent acting under a
power of attorney for health | 6 | | care from exercising his or her authority under
the Illinois | 7 | | Power of Attorney Act without further court order, unless a | 8 | | court
has acted under Section 2-10 of the Illinois Power of | 9 | | Attorney Act. If a
guardian is also a health care agent for the | 10 | | ward under a valid power of
attorney for health care, the | 11 | | guardian acting as agent may execute his or her
authority | 12 | | under that act without further court order.
| 13 | | (e) Decisions made by a guardian on behalf of a ward shall | 14 | | be made in
accordance with the following
standards for | 15 | | decision making. The guardian shall consider the ward's | 16 | | current preferences to the extent the ward has the ability to | 17 | | participate in decision making when those preferences are | 18 | | known or reasonably ascertainable by the guardian. Decisions | 19 | | by the guardian shall conform to the ward's current | 20 | | preferences:
(1) unless the guardian reasonably believes that | 21 | | doing
so would result in substantial harm to the ward's | 22 | | welfare or personal or financial interests; and
(2) so long as | 23 | | such decisions give substantial weight Decisions made by a | 24 | | guardian on behalf of a ward
may be made by conforming as | 25 | | closely as possible to what the ward, if
competent, would have | 26 | | done or intended under the circumstances, taking into
account |
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| 1 | | evidence that includes, but is not limited to, the ward's | 2 | | personal,
philosophical, religious and moral beliefs, and | 3 | | ethical values relative to the
decision to be made by the | 4 | | guardian. Where possible, the guardian shall
determine how the | 5 | | ward would have made a decision based on the ward's
previously | 6 | | expressed preferences, and make decisions in accordance with | 7 | | the
preferences of the ward. If the ward's wishes are unknown | 8 | | and remain unknown
after reasonable efforts to discern them, | 9 | | or if the guardian reasonably believes that a decision made in | 10 | | conformity with the ward's preferences would result in | 11 | | substantial harm to the ward's welfare or personal or | 12 | | financial interests, the decision shall be made on the
basis | 13 | | of the ward's best interests as determined by the guardian. In
| 14 | | determining the ward's best interests, the guardian shall | 15 | | weigh the reason for
and nature of the proposed action, the | 16 | | benefit or necessity of the action, the
possible risks and | 17 | | other consequences of the proposed action, and any available
| 18 | | alternatives and their risks, consequences and benefits, and | 19 | | shall take into
account any other information, including the | 20 | | views of family and friends, that
the guardian believes the | 21 | | ward would have considered if able to act for herself
or | 22 | | himself.
| 23 | | (f) Upon petition by any interested person (including the | 24 | | standby or
short-term guardian), with such notice to | 25 | | interested persons as the court
directs and a finding by the | 26 | | court that it is in the best interest of the
person with a |
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| 1 | | disability, the court may terminate or limit the authority of | 2 | | a standby or
short-term guardian or may enter such other | 3 | | orders as the court deems necessary
to provide for the best | 4 | | interest of the person with a disability. The petition
for | 5 | | termination or limitation of the authority of a standby or | 6 | | short-term
guardian may, but need not, be combined with a | 7 | | petition to have another
guardian appointed for the person | 8 | | with a disability. | 9 | | (g)(1) Unless there is a court order to the contrary, the | 10 | | guardian, consistent with the standards set forth in | 11 | | subsection (e) of this Section, shall use reasonable efforts | 12 | | to notify the ward's known adult children, who have requested | 13 | | notification and provided contact information, of the ward's | 14 | | admission to a hospital or hospice program, the ward's death, | 15 | | and the arrangements for the disposition of the ward's | 16 | | remains. | 17 | | (2) If a guardian unreasonably prevents an adult child, | 18 | | spouse, adult grandchild, parent, or adult sibling of the ward | 19 | | from visiting the ward, the court, upon a verified petition, | 20 | | may order the guardian to permit visitation between the ward | 21 | | and the adult child, spouse, adult grandchild, parent, or | 22 | | adult sibling. In making its determination, the court shall | 23 | | consider the standards set forth in subsection (e) of this | 24 | | Section. The court shall not allow visitation if the court | 25 | | finds that the ward has capacity to evaluate and communicate | 26 | | decisions regarding visitation and expresses a desire not to |
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| 1 | | have visitation with the petitioner. This subsection (g) does | 2 | | not apply to duly appointed public guardians or the Office of | 3 | | State Guardian.
| 4 | | (Source: P.A. 100-1054, eff. 1-1-19; 101-329, eff. 8-9-19.)
| 5 | | Section 99. Effective date. This Act takes effect upon | 6 | | becoming law.
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