(755 ILCS 5/11a-18.1) (from Ch. 110 1/2, par. 11a-18.1)
Sec. 11a-18.1. Conditional gifts. (a) The court may authorize and
direct the guardian of the estate to make conditional gifts from the estate
of a person with a disability to any spouse, parent, brother or sister of the person with a disability who dedicates himself or herself to the care of the person with a disability
by living with and personally caring for the person with a disability for at least 3
years. It shall be presumed that the person with a disability intends to make such
conditional gifts.
(b) A conditional gift shall not be distributed to the donee until the
death of the person with a disability. The court may impose such other conditions
on the gift as the court deems just and reasonable. The court may provide
for an alternate disposition of the gift should the donee die before the
person with a disability; provided that if no such alternate disposition is made,
the conditional gift shall lapse upon the death of the donee prior to the
death of the person with a disability. A conditional gift may be modified or
revoked by the court at any time.
(c) The guardian of the estate, the spouse, parent, brother or sister of
a person with a disability, or any other interested person may petition the court to
authorize and direct the guardian of the estate to make a conditional gift
or to modify, revoke or distribute a conditional gift. All persons who
would be heirs of the person with a disability if the person with a disability died on the
date the petition is filed (or the heirs if the person with a disability is
deceased) and all legatees under any known last will of the person with a disability
shall be given reasonable notice of the hearing on the petition by
certified U. S. mail, return receipt requested. If a trustee is a legatee,
notice shall be given to the trustee and need not be given to the trust
beneficiaries. Any person entitled to notice of the hearing may appear and
object to the petition. The giving of the notice of the hearing to those
persons entitled to notice shall cause the decision and order of the court
to be binding upon all other persons who otherwise may
be interested or may become interested in the estate of the person with a disability.
(d) The guardian of the estate shall set aside conditional gifts in a
separate fund for each donee and shall hold and invest each fund as part of
the estate of the person with a disability. Upon order of the court, any conditional gift
may be revoked or modified in whole or part so that the assets may be used
for the care and comfort of the person with a disability should funds otherwise
available for such purposes be inadequate.
(e) Upon the death of the person with a disability, the guardian of the estate
shall hold each special fund as trustee and shall petition the court for
authorization to distribute the special fund and for any other appropriate
relief. The court shall order distribution upon such terms and conditions
as the court deems just and reasonable.
(Source: P.A. 99-143, eff. 7-27-15.)
|