(755 ILCS 5/11a-18.2)
Sec. 11a-18.2. Duties of standby guardian of a person with a disability.
(a) Before a standby guardian of a person with a disability may act, the standby
guardian must be appointed by the court of the proper county and, in the case
of a standby guardian of the estate of the person with a disability, the standby guardian
must give the bond prescribed in subsection (c) of Section 11a-3.1 and Section
12-2.
(b) The standby guardian shall not have any duties or authority to act until
the standby guardian receives knowledge of the death or consent of the guardian of the person with a disability, or the inability of the guardian of the person with a disability to make
and carry out day-to-day care decisions concerning the person with a disability
for whom the standby guardian has been appointed. This inability of the
guardian of the person with a disability to make and carry out day-to-day care
decisions may be communicated either by the guardian's own admission or by the
written certification of the guardian's attending physician. Immediately upon
receipt of that knowledge, the standby guardian shall assume all duties as
guardian of the person with a disability as previously determined by the order
appointing the standby guardian, and as set forth in Sections 11a-17 and
11a-18, and the standby guardian of the person shall have the authority to act
as guardian of the person without direction of court for a period of up to 60
days, provided that the authority of the standby guardian may be limited or
terminated by a court of competent jurisdiction.
(c) Within 60 days of the standby guardian's receipt of knowledge of the
death or consent of the guardian of the person with a disability, or the inability of the
guardian of the person with a disability to make and carry out day-to-day care decisions
concerning the person with a disability, the standby guardian shall file or cause to be
filed a petition for the appointment of a guardian of the person or estate, or
both, of the person with a disability under Section 11a-3.
(Source: P.A. 99-143, eff. 7-27-15.)
|