[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Enrolled ] | [ Re-enrolled ] |
| [ House Amendment 001 ] | [ House Amendment 002 ] | [ Senate Amendment 001 ] |
90_HB2367eng
755 ILCS 5/1-2.23
755 ILCS 5/1-2.24
755 ILCS 5/11a-3.1 new
755 ILCS 5/11a-3.2 new
755 ILCS 5/11a-8 from Ch. 110 1/2, par. 11a-8
755 ILCS 5/11a-8.1 new
755 ILCS 5/11a-10.2 new
755 ILCS 5/11a-17 from Ch. 110 1/2, par. 11a-17
755 ILCS 5/11a-18 from Ch. 110 1/2, par. 11a-18
755 ILCS 5/11a-18.2 new
755 ILCS 5/11a-18.3 new
755 ILCS 5/11a-23
755 ILCS 5/12-2 from Ch. 110 1/2, par. 12-2
Amends the Probate Act of 1975. Provides for the
designation by the current guardian of a disabled adult of a
standby guardian to act on an interim basis as guardian upon
the death of the current guardian and in other circumstances,
for a period of 60 days, allowing time for a petition to be
filed and another guardian to be appointed. Provides for the
establishment of a short-term guardian of the person of a
disabled adult, to be designated by the current guardian, to
act as guardian for up to 60 days for health or other
reasons. Establishes procedures and conditions for the
appointment of these guardians.
LRB9006820SMpkA
HB2367 Engrossed LRB9006820SMpkA
1 AN ACT regarding standby and short-term guardians.
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
5 changing Sections 1-2.23, 1-2.24, 11-5.3, 11-5.4, 11-8.1,
6 11-13.1, 11a-8, 11a-17, 11a-18, 11a-23, and 12-2, and by
7 adding Sections 11a-3.1, 11a-3.2, 11a-8.1, 11a-10.2,
8 11a-18.2, and 11a-18.3 as follows:
9 (755 ILCS 5/1-2.23)
10 Sec. 1-2.23. "Standby guardian" means: (i) a guardian of
11 the person or estate, or both, of a minor, as appointed by
12 the court under Section 11-5.3, to become effective at a
13 later date under Section 11-13.1 or (ii) a guardian of the
14 person or estate, or both, of a disabled person, as appointed
15 by the court under Section 11a-3.1, to become effective at a
16 later date under Section 11a-18.2.
17 (Source: P.A. 88-202; 88-529.)
18 (755 ILCS 5/1-2.24)
19 Sec. 1-2.24. "Short-term guardian" means a guardian of
20 the person of a minor as appointed by a parent of the minor
21 under Section 11-5.4 or a guardian of the person of a
22 disabled person as appointed by the guardian of the disabled
23 person under Section 11a-3.2.
24 (Source: P.A. 88-529.)
25 (755 ILCS 5/11-5.3)
26 Sec. 11-5.3. Appointment of standby guardian.
27 (a) A parent, adoptive parent, or adjudicated parent,
28 whose parental rights have not been terminated, or the
29 guardian of the person of a minor if there is no surviving
HB2367 Engrossed -2- LRB9006820SMpkA
1 parent, may designate in any writing, including a will, a
2 person qualified to act under Section 11-3 to be appointed as
3 standby guardian of the person or estate, or both, of an
4 unmarried minor or of a child likely to be born. A parent,
5 adoptive parent, or adjudicated parent, whose parental rights
6 have not been terminated, or the guardian of the person of a
7 minor if there is no surviving parent, or a standby guardian
8 of an unmarried minor or of a child likely to be born may
9 designate in any writing, including a will, a person
10 qualified to act under Section 11-3 to be appointed as
11 successor standby guardian of the minor's person or estate,
12 or both. The designation must be witnessed by 2 or more
13 credible witnesses at least 18 years of age, neither of whom
14 is the person designated as the standby guardian. The
15 designation may be proved by any competent evidence. If the
16 designation is executed and attested in the same manner as a
17 will, it shall have prima facie validity. The designation of
18 a standby guardian or successor standby guardian does not
19 affect the rights of the other parent in the minor.
20 (b) Upon the filing of a petition for the appointment of
21 a standby guardian, the court may appoint a standby guardian
22 of the person or estate, or both, of a minor as the court
23 finds to be in the best interest of the minor.
24 (c) The court lacks jurisdiction to proceed on a
25 petition for the appointment of a standby guardian of a minor
26 if (i) the minor has a living parent, adoptive parent or
27 adjudicated parent, whose parental rights have not been
28 terminated, whose whereabouts are known, and who is willing
29 and able to make and carry out day-to-day child care
30 decisions concerning the minor, unless the parent or parents
31 consent to the appointment or, after receiving notice of the
32 hearing under Section 11-10.1, fail to object to the
33 appointment at the hearing on the petition or (ii) there is a
34 guardian for the minor appointed by a court of competent
HB2367 Engrossed -3- LRB9006820SMpkA
1 jurisdiction, except that if there is no surviving parent and
2 a guardian of the person of the minor has been appointed,
3 then the court has jurisdiction to proceed on the petition
4 for appointment of a standby guardian for the minor. There
5 shall be a rebuttable presumption that a parent of a minor is
6 willing and able to make and carry out day-to-day child care
7 decisions concerning the minor, but the presumption may be
8 rebutted by a preponderance of the evidence.
9 (d) The standby guardian shall take and file an oath or
10 affirmation that the standby guardian will faithfully
11 discharge the duties of the office of standby guardian
12 according to law, and shall file in and have approved by the
13 court a bond binding the standby guardian so to do, but shall
14 not be required to file a bond until the standby guardian
15 assumes all duties as guardian of the minor under Section
16 11-13.1.
17 (e) The designation of a standby guardian may, but need
18 not, be in the following form:
19 DESIGNATION OF STANDBY GUARDIAN
20 [IT IS IMPORTANT TO READ THE FOLLOWING INSTRUCTIONS:
21 A standby guardian is someone who has been appointed by
22 the court as the person who will act as guardian of the child
23 when the child's parents, or the guardian of the person of
24 the child if there is no surviving parent, die or are no
25 longer willing or able to make and carry out day-to-day child
26 care decisions concerning the child. By properly completing
27 this form, a parent or the guardian of the person of the
28 child if there is no surviving parent, is naming the person
29 that the parent or the guardian wants to be appointed as the
30 standby guardian of the child or children of the parent. Both
31 parents of a child may join together and co-sign this form.
32 Signing the form does not appoint the standby guardian; to be
33 appointed, a petition must be filed in and approved by the
HB2367 Engrossed -4- LRB9006820SMpkA
1 court.]
2 1. Parent (or guardian if there is no surviving
3 parent) and Children. I, (insert name of designating
4 parent or guardian if there is no surviving parent),
5 currently residing at (insert address of designating
6 parent or guardian), am a parent (or, there being no
7 surviving parent, the guardian of the person) of the
8 following child or children (or of a child likely to be
9 born): (insert name and date of birth of each child, or
10 insert the words "not yet born" to designate a standby
11 guardian for a child likely to be born and the child's
12 expected date of birth).
13 2. Standby Guardian. I hereby designate the
14 following person to be appointed as standby guardian for
15 the my child or children listed above (insert name and
16 address of person designated).
17 3. Successor Standby Guardian. If the person named
18 in item 2 above cannot or will not act as standby
19 guardian, I designate the following person to be
20 appointed as successor standby guardian for the my child
21 or children: (insert name and address of person
22 designated).
23 4. Date and Signature. This designation is made
24 this (insert day) day of (insert month and year).
25 Signed: (designating parent or guardian if
26 there is no surviving parent)
27 5. Witnesses. I saw the parent (or, if there is no
28 surviving parent, the guardian of the person of the
29 child) sign this designation or the parent (or, if there
30 is no surviving parent, the guardian of the person of the
31 child) told me that he or she the parent signed this
32 designation. Then I signed the designation as a witness
33 in the presence of the parent (or the guardian). I am
34 not designated in this instrument to act as a standby
HB2367 Engrossed -5- LRB9006820SMpkA
1 guardian for the parent's child or children. (insert
2 space for names, addresses, and signatures of 2
3 witnesses).
4 (Source: P.A. 88-529.)
5 (755 ILCS 5/11-5.4)
6 Sec. 11-5.4. Short-term guardian.
7 (a) A parent, adoptive parent, or adjudicated parent,
8 whose parental rights have not been terminated, or the
9 guardian of the person of a minor if there is no surviving
10 parent, may appoint in writing, without court approval, a
11 short-term guardian of an unmarried minor or a child likely
12 to be born. The written instrument appointing a short-term
13 guardian shall be dated and shall identify the appointing
14 parent or guardian, the minor, and the person appointed to be
15 the short-term guardian. The written instrument shall be
16 signed by, or at the direction of, the appointing parent in
17 the presence of at least 2 credible witnesses at least 18
18 years of age, neither of whom is the person appointed as the
19 short-term guardian. The person appointed as the short-term
20 guardian shall also sign the written instrument, but need not
21 sign at the same time as the appointing parent.
22 (b) A parent shall not appoint a short-term guardian of
23 a minor if (i) the minor has another living parent, adoptive
24 parent or adjudicated parent, whose parental rights have not
25 been terminated, whose whereabouts are known, and who is
26 willing and able to make and carry out day-to-day child care
27 decisions concerning the minor, unless the nonappointing
28 parent consents to the appointment by signing the written
29 instrument of appointment or (ii) there is a guardian for the
30 minor appointed by a court of competent jurisdiction, except
31 that if there is no surviving parent and a guardian of the
32 person of the minor has been appointed, then the guardian may
33 appoint a short-term guardian.
HB2367 Engrossed -6- LRB9006820SMpkA
1 (c) The appointment of the short-term guardian is
2 effective immediately upon the date the written instrument is
3 executed, unless the written instrument provides for the
4 appointment to become effective upon a later specified date
5 or event. The short-term guardian shall have authority to
6 act as guardian of the minor as provided in Section 11-13.2
7 for a period of 60 days from the date the appointment is
8 effective, unless the written instrument provides for the
9 appointment to terminate upon an earlier specified date or
10 event. Only one written instrument appointing a short-term
11 guardian may be in force at any given time.
12 (d) Every appointment of a short-term guardian may be
13 amended or revoked by the appointing parent, or by the
14 guardian of the person of the minor if there is no surviving
15 parent, at any time and in any manner communicated to the
16 short-term guardian or to any other person. Any person other
17 than the short-term guardian to whom a revocation or
18 amendment is communicated or delivered shall make all
19 reasonable efforts to inform the short-term guardian of that
20 fact as promptly as possible.
21 (e) The appointment of a short-term guardian or
22 successor short-term guardian does not affect the rights of
23 the other parent in the minor.
24 (f) The written instrument appointing a short-term
25 guardian may, but need not, be in the following form:
26 APPOINTMENT OF SHORT-TERM GUARDIAN
27 [IT IS IMPORTANT TO READ THE FOLLOWING INSTRUCTIONS:
28 By properly completing this form, a parent, or the
29 guardian of the person of the child if there is no surviving
30 parent, is appointing a guardian of a child of the parent (or
31 a minor ward of the guardian, as the case may be) for a
32 period of up to 60 days. A separate form should be completed
33 for each child. The person appointed as the guardian must
HB2367 Engrossed -7- LRB9006820SMpkA
1 sign the form, but need not do so at the same time as the
2 parent or parents or guardian.
3 This form may not be used to appoint a guardian if there
4 is a guardian already appointed for the child, except that if
5 there is no surviving parent and a guardian of the person of
6 the child has been appointed, then the guardian may use this
7 form to appoint a short-term guardian. Both living parents
8 of a child may together appoint a guardian of the child, or,
9 if there is no surviving parent, the guardian of the person
10 of the child may appoint a guardian of the child, for a
11 period of up to 60 days through the use of this form. If the
12 short-term guardian is appointed by both living parents of
13 the child, the parents need not sign the form at the same
14 time.]
15 1. Parent (or guardian if there is no surviving
16 parent) and Child. I, (insert name of appointing parent
17 or guardian if there is no surviving parent), currently
18 residing at (insert address of appointing parent or
19 guardian), am a parent (or, there being no surviving
20 parent, the guardian of the person) of the following
21 child (or of a child likely to be born): (insert name
22 and date of birth of child, or insert the words "not yet
23 born" to appoint a short-term guardian for a child likely
24 to be born and the child's expected date of birth).
25 2. Guardian. I hereby appoint the following person
26 as the short-term guardian for the my child: (insert name
27 and address of appointed person).
28 3. Effective date. This appointment becomes
29 effective: (check one if you wish it to be applicable)
30 ( ) On the date that I state in writing that I
31 am no longer either willing or able to make and
32 carry out day-to-day child care decisions concerning
33 the my child.
34 ( ) On the date that a physician familiar with
HB2367 Engrossed -8- LRB9006820SMpkA
1 my condition certifies in writing that I am no
2 longer willing or able to make and carry out
3 day-to-day child care decisions concerning the my
4 child.
5 ( ) On the date that I am admitted as an
6 in-patient to a hospital or other health care
7 institution.
8 ( ) On the following date: (insert date).
9 ( ) Other: (insert other).
10 [NOTE: If this item is not completed, the appointment is
11 effective immediately upon the date the form is signed and
12 dated below.]
13 4. Termination. This appointment shall terminate
14 60 days after the effective date, unless it terminates
15 sooner as determined by the event or date I have
16 indicated below: (check one if you wish it to be
17 applicable)
18 ( ) On the date that I state in writing that I
19 am willing and able to make and carry out day-to-day
20 child care decisions concerning the my child.
21 ( ) On the date that a physician familiar with
22 my condition certifies in writing that I am willing
23 and able to make and carry out day-to-day child care
24 decisions concerning the my child.
25 ( ) On the date that I am discharged from the
26 hospital or other health care institution where I
27 was admitted as an in-patient, which established the
28 effective date.
29 ( ) On the date which is (state a number of
30 days, but no more than 60 days) days after the
31 effective date.
32 ( ) Other: (insert other).
33 [NOTE: If this item is not completed, the appointment will
34 be effective for a period of 60 days, beginning on the
HB2367 Engrossed -9- LRB9006820SMpkA
1 effective date.]
2 5. Date and signature of appointing parent or
3 guardian if there is no surviving parent. This
4 appointment is made this (insert day) day of (insert
5 month and year).
6 Signed: (appointing parent)
7 6. Witnesses. I saw the parent (or, if there is no
8 surviving parent, the guardian of the person of the
9 child) sign this instrument or I saw the parent (or, if
10 there is no surviving parent, the guardian of the person
11 of the child) direct someone to sign this instrument for
12 the parent (or the guardian). Then I signed this
13 instrument as a witness in the presence of the parent (or
14 the guardian). I am not appointed in this instrument to
15 act as the short-term guardian for the parent's child.
16 (Insert space for names, addresses, and signatures of 2
17 witnesses)
18 7. Acceptance of short-term guardian. I accept
19 this appointment as short-term guardian on this (insert
20 day) day of (insert month and year).
21 Signed: (short-term guardian)
22 8. Consent of child's other parent. I, (insert
23 name of the child's other living parent), currently
24 residing at (insert address of child's other living
25 parent), hereby consent to this appointment on this
26 (insert day) day of (insert month and year).
27 Signed: (consenting parent)
28 [NOTE: The signature of a consenting parent is not necessary
29 if one of the following applies: (i) the child's other parent
30 has died; or (ii) the whereabouts of the child's other parent
31 are not known; or (iii) the child's other parent is not
32 willing or able to make and carry out day-to-day child care
33 decisions concerning the child; or (iv) the child's parents
34 were never married and no court has issued an order
HB2367 Engrossed -10- LRB9006820SMpkA
1 establishing parentage.]
2 (Source: P.A. 88-529; 88-670, eff. 12-2-94.)
3 (755 ILCS 5/11-8.1)
4 Sec. 11-8.1. Petition for standby guardian of minor. The
5 petition for appointment of a standby guardian of the person
6 or the estate, or both, of a minor must state, if known: (a)
7 the name, date of birth, and residence of the minor; (b) the
8 names and post office addresses of the nearest relatives of
9 the minor in the following order: (1) the parents, if any; if
10 none, (2) the adult brothers and sisters, if any; if none,
11 (3) the nearest adult kindred; (c) the name and post office
12 address of the person having custody of the minor; (d) the
13 name, post office address, and, in case of any individual,
14 the age and occupation of the proposed standby guardian; (e)
15 the facts concerning the consent of the minor's parent or
16 parents, or the guardian of the person of the minor if there
17 is no surviving parent, to the appointment of the standby
18 guardian, or the willingness and ability of the minor's
19 parent or parents, if any, or the guardian of the person of
20 the minor if there is no surviving parent, to make and carry
21 out day-to-day child care decisions concerning the minor; (f)
22 the facts concerning the execution or admission to probate of
23 the written designation of the standby guardian, if any, a
24 copy of which shall be attached to or filed with the
25 petition; and (g) the facts concerning any juvenile,
26 adoption, parentage, dissolution, or guardianship court
27 actions pending concerning the minor or the parents of the
28 minor and whether any guardian is currently acting for the
29 minor.
30 (Source: P.A. 88-529.)
31 (755 ILCS 5/11-13.1)
32 Sec. 11-13.1. Duties of standby guardian of a minor.
HB2367 Engrossed -11- LRB9006820SMpkA
1 (a) Before a standby guardian of a minor may act, the
2 standby guardian must be appointed by the court of the proper
3 county and, in the case of a standby guardian of the minor's
4 estate, the standby guardian must give the bond prescribed in
5 subsection (d) of Section 11-5.3 and Section 12-2.
6 (b) The standby guardian shall not have any duties or
7 authority to act until the standby guardian receives
8 knowledge (i) of the death or consent of the minor's parent
9 or parents, or of the guardian of the person of the minor if
10 there is no surviving parent, or (ii) the inability of the
11 minor's parent or parents, or of the guardian of the person
12 of the minor if there is no surviving parent, to make and
13 carry out day-to-day child care decisions concerning the
14 minor for whom the standby guardian has been appointed. This
15 inability of the minor's parent or parents to make and carry
16 out day-to-day child care decisions may be communicated
17 either by the parent's (or, if there is no surviving parent,
18 the guardian's) own admission or by the written certification
19 of the parent's or guardian's attending physician.
20 Immediately upon receipt of that knowledge, the standby
21 guardian shall assume all duties as guardian of the minor as
22 previously determined by the order appointing the standby
23 guardian, and as set forth in Section 11-13, and the standby
24 guardian of the person shall have the authority to act as
25 guardian of the person without direction of court for a
26 period of up to 60 days, provided that the authority of the
27 standby guardian may be limited or terminated by a court of
28 competent jurisdiction.
29 (c) Within 60 days of the standby guardian's receipt of
30 knowledge of (i) the death or consent of the minor's parent
31 or parents or guardian, or (ii) the inability of the minor's
32 parent or parents or guardian to make and carry out
33 day-to-day child care decisions concerning the minor, the
34 standby guardian shall file or cause to be filed a petition
HB2367 Engrossed -12- LRB9006820SMpkA
1 for the appointment of a guardian of the person or estate, or
2 both, of the minor under Section 11-5.
3 (Source: P.A. 88-529.)
4 (755 ILCS 5/11a-3.1 new)
5 Sec. 11a-3.1. Appointment of standby guardian.
6 (a) The guardian of a disabled person may designate in
7 any writing, including a will, a person qualified to act
8 under Section 11a-5 to be appointed as standby guardian of
9 the person or estate, or both, of the disabled person. The
10 guardian may designate in any writing, including a will, a
11 person qualified to act under Section 11a-5 to be appointed
12 as successor standby guardian of the disabled person's person
13 or estate, or both. The designation must be witnessed by 2 or
14 more credible witnesses at least 18 years of age, neither of
15 whom is the person designated as the standby guardian. The
16 designation may be proved by any competent evidence. If the
17 designation is executed and attested in the same manner as a
18 will, it shall have prima facie validity.
19 (b) Upon the filing of a petition for the appointment of
20 a standby guardian, the court may appoint a standby guardian
21 of the person or estate, or both, of the disabled person as
22 the court finds to be in the best interest of the disabled
23 person. The court shall apply the same standards used in
24 determining the suitability of a plenary or limited guardian
25 in determining the suitability of a standby guardian. The
26 court may not appoint the Office of State Guardian, pursuant
27 to Section 30 of the Guardianship and Advocacy Act, or a
28 public guardian, pursuant to Section 13-5 of this Act, as a
29 standby guardian, without the written consent of the State
30 Guardian or public guardian or an authorized representative
31 of the State Guardian or public guardian.
32 (c) The standby guardian shall take and file an oath or
33 affirmation that the standby guardian will faithfully
HB2367 Engrossed -13- LRB9006820SMpkA
1 discharge the duties of the office of standby guardian
2 according to law, and shall file in and have approved by the
3 court a bond binding the standby guardian so to do, but shall
4 not be required to file a bond until the standby guardian
5 assumes all duties as guardian of the disabled person under
6 Section 11a-18.2.
7 (d) The designation of a standby guardian may, but need
8 not, be in the following form:
9 DESIGNATION OF STANDBY GUARDIAN
10 [IT IS IMPORTANT TO READ THE FOLLOWING INSTRUCTIONS:
11 A standby guardian is someone who has been appointed
12 by the court as the person who will act as guardian of
13 the disabled person when the disabled person's guardian
14 dies or is no longer willing or able to make and carry
15 out day-to-day care decisions concerning the disabled
16 person. By properly completing this form, a guardian is
17 naming the person that the guardian wants to be appointed
18 as the standby guardian of the disabled person. Signing
19 the form does not appoint the standby guardian; to be
20 appointed, a petition must be filed in and approved by
21 the court.]
22 1. Guardian and Ward. I, (insert name of
23 designating guardian), currently residing at (insert
24 address of designating guardian), am the guardian of the
25 following disabled person: (insert name of ward).
26 2. Standby Guardian. I hereby designate the
27 following person to be appointed as standby guardian for
28 my ward listed above: (insert name and address of person
29 designated).
30 3. Successor Standby Guardian. If the person named
31 in item 2 above cannot or will not act as standby
32 guardian, I designate the following person to be
33 appointed as successor standby guardian for my ward:
34 (insert name and address of person designated).
HB2367 Engrossed -14- LRB9006820SMpkA
1 4. Date and Signature. This designation is made
2 this (insert day) day of (insert month and year).
3 Signed: (designating guardian)
4 5. Witnesses. I saw the guardian sign this
5 designation or the guardian told me that the guardian
6 signed this designation. Then I signed the designation as
7 a witness in the presence of the guardian. I am not
8 designated in this instrument to act as a standby
9 guardian for the guardian's ward. (insert space for
10 names, addresses, and signatures of 2 witnesses)
11 (755 ILCS 5/11a-3.2 new)
12 Sec. 11a-3.2. Short-term guardian.
13 (a) The guardian of a disabled person may appoint in
14 writing, without court approval, a short-term guardian of the
15 disabled person. The written instrument appointing a
16 short-term guardian shall be dated and shall identify the
17 appointing guardian, the disabled person, and the person
18 appointed to be the short-term guardian. The written
19 instrument shall be signed by, or at the direction of, the
20 appointing guardian in the presence of at least 2 credible
21 witnesses at least 18 years of age, neither of whom is the
22 person appointed as the short-term guardian. The person
23 appointed as the short-term guardian shall also sign the
24 written instrument, but need not sign at the same time as the
25 appointing guardian. A guardian may not appoint the Office of
26 State Guardian or a public guardian as a short-term guardian,
27 without the written consent of the State Guardian or public
28 guardian or an authorized representative of the State
29 Guardian or public guardian.
30 (b) The appointment of the short-term guardian is
31 effective immediately upon the date the written instrument is
32 executed, unless the written instrument provides for the
33 appointment to become effective upon a later specified date
HB2367 Engrossed -15- LRB9006820SMpkA
1 or event. The short-term guardian shall have authority to
2 act as guardian of the disabled person as provided in Section
3 11a-18.3 for a period of 60 days from the date the
4 appointment is effective, unless the written instrument
5 provides for the appointment to terminate upon an earlier
6 specified date or event. Only one written instrument
7 appointing a short-term guardian may be in force at any given
8 time.
9 (c) Every appointment of a short-term guardian may be
10 amended or revoked by the appointing guardian at any time and
11 in any manner communicated to the short-term guardian or to
12 any other person. Any person other than the short-term
13 guardian to whom a revocation or amendment is communicated or
14 delivered shall make all reasonable efforts to inform the
15 short-term guardian of that fact as promptly as possible.
16 (d) The appointment of a short-term guardian or
17 successor short-term guardian does not affect the rights in
18 the disabled person of any guardian other than the appointing
19 guardian.
20 (e) The written instrument appointing a short-term
21 guardian may, but need not, be in the following form:
22 APPOINTMENT OF SHORT-TERM GUARDIAN
23 [IT IS IMPORTANT TO READ THE FOLLOWING INSTRUCTIONS:
24 By properly completing this form, a guardian is
25 appointing a short-term guardian of the disabled person
26 for a period of up to 60 days. A separate form should be
27 completed for each ward. The person appointed as the
28 short-term guardian must sign the form, but need not do
29 so at the same time as the guardian.]
30 1. Guardian and Ward. I, (insert name of
31 appointing guardian), currently residing at (insert
32 address of appointing guardian), am the guardian of the
33 following disabled person: (insert name of ward).
HB2367 Engrossed -16- LRB9006820SMpkA
1 2. Short-term Guardian. I hereby appoint the
2 following person as the short-term guardian for my ward:
3 (insert name and address of appointed person).
4 3. Effective date. This appointment becomes
5 effective: (check one if you wish it to be applicable)
6 ( ) On the date that I state in writing that I am
7 no longer either willing or able to make and carry out
8 day-to-day care decisions concerning my ward.
9 ( ) On the date that a physician familiar with my
10 condition certifies in writing that I am no longer
11 willing or able to make and carry out day-to-day care
12 decisions concerning my ward.
13 ( ) On the date that I am admitted as an in-patient
14 to a hospital or other health care institution.
15 ( ) On the following date: (insert date).
16 ( ) Other: (insert other).
17 [NOTE: If this item is not completed, the
18 appointment is effective immediately upon the date the
19 form is signed and dated below.]
20 4. Termination. This appointment shall terminate
21 60 days after the effective date, unless it terminates
22 sooner as determined by the event or date I have
23 indicated below: (check one if you wish it to be
24 applicable)
25 ( ) On the date that I state in writing that I am
26 willing and able to make and carry out day-to-day care
27 decisions concerning my ward.
28 ( ) On the date that a physician familiar with my
29 condition certifies in writing that I am willing and
30 able to make and carry out day-to-day care decisions
31 concerning my ward.
32 ( ) On the date that I am discharged from the
33 hospital or other health care institution where I was
34 admitted as an in-patient, which established the
HB2367 Engrossed -17- LRB9006820SMpkA
1 effective date.
2 ( ) On the date which is (state a number of days,
3 but no more than 60 days) days after the effective date.
4 ( ) Other: (insert other).
5 [NOTE: If this item is not completed, the
6 appointment will be effective for a period of 60 days,
7 beginning on the effective date.]
8 5. Date and signature of appointing guardian. This
9 appointment is made this (insert day) day of (insert
10 month and year).
11 Signed: (appointing guardian)
12 6. Witnesses. I saw the guardian sign this
13 instrument or I saw the guardian direct someone to sign
14 this instrument for the guardian. Then I signed this
15 instrument as a witness in the presence of the guardian.
16 I am not appointed in this instrument to act as the
17 short-term guardian for the guardian's ward. (insert
18 space for names, addresses, and signatures of 2
19 witnesses)
20 7. Acceptance of short-term guardian. I accept
21 this appointment as short-term guardian on this (insert
22 day) day of (insert month and year).
23 Signed: (short-term guardian)
24 (755 ILCS 5/11a-8) (from Ch. 110 1/2, par. 11a-8)
25 Sec. 11a-8. Petition.) The petition for adjudication of
26 disability and for the appointment of a guardian of the
27 estate or the person or both of an alleged disabled person
28 must state, if known or reasonably ascertainable: (a) the
29 relationship and interest of the petitioner to the
30 respondent; (b) the name, date of birth, and place of
31 residence of the respondent; (c) the reasons for the
32 guardianship; (d) the name and post office address of the
33 respondent's guardian, if any, or of the respondent's agent
HB2367 Engrossed -18- LRB9006820SMpkA
1 or agents appointed under the Illinois Power of Attorney Act,
2 if any; (e) the name and post office addresses of the nearest
3 relatives of the respondent in the following order: (1) the
4 spouse and adult children, parents and adult brothers and
5 sisters, if any; if none, (2) nearest adult kindred known to
6 the petitioner; (f) the name and address of the person with
7 whom or the facility in which the respondent is residing; (g)
8 the approximate value of the personal and real estate; (h)
9 the amount of the anticipated annual gross income and other
10 receipts; (i) the name, post office address and in case of an
11 individual, the age, relationship to the respondent and
12 occupation of the proposed guardian. In addition, if the
13 petition seeks the appointment of a previously appointed
14 standby guardian as guardian of the disabled person, the
15 petition must also state: (j) the facts concerning the
16 standby guardian's previous appointment and (k) the date of
17 death of the disabled person's guardian or the facts
18 concerning the consent of the disabled person's guardian to
19 the appointment of the standby guardian as guardian, or the
20 willingness and ability of the disabled person's guardian to
21 make and carry out day-to-day care decisions concerning the
22 disabled person. A petition for adjudication of disability
23 and the appointment of a guardian of the estate or the person
24 or both of an alleged disabled person may not be dismissed or
25 withdrawn without leave of the court.
26 (Source: P.A. 89-396, eff. 8-20-95.)
27 (755 ILCS 5/11a-8.1 new)
28 Sec. 11a-8.1. Petition for standby guardian of disabled
29 person. The petition for appointment of a standby guardian
30 of the person or the estate, or both, of a disabled person
31 must state, if known: (a) the name, date of birth, and
32 residence of the disabled person; (b) the names and post
33 office addresses of the nearest relatives of the disabled
HB2367 Engrossed -19- LRB9006820SMpkA
1 person in the following order: (1) the parents, if any; if
2 none, (2) the adult brothers and sisters, if any; if none,
3 (3) the nearest adult kindred; (c) the name and post office
4 address of the person having guardianship of the disabled
5 person, and of any person or persons acting as agents of the
6 disabled person under the Illinois Power of Attorney Act; (d)
7 the name, post office address, and, in case of any
8 individual, the age and occupation of the proposed standby
9 guardian; (e) the facts concerning the consent of the
10 disabled person's guardian to the appointment of the standby
11 guardian, or the willingness and ability of the disabled
12 person's guardian to make and carry out day-to-day care
13 decisions concerning the disabled person; (f) the facts
14 concerning the execution or admission to probate of the
15 written designation of the standby guardian, if any, a copy
16 of which shall be attached to or filed with the petition; (g)
17 the facts concerning any guardianship court actions pending
18 concerning the disabled person; and (h) the facts concerning
19 the willingness of the proposed standby guardian to serve,
20 and in the case of the Office of State Guardian and any
21 public guardian, evidence of a written acceptance to serve
22 signed by the State Guardian or public guardian or an
23 authorized representative of the State Guardian or public
24 guardian, consistent with subsection (b) of Section 11a-3.1.
25 (755 ILCS 5/11a-10.2 new)
26 Sec. 11a-10.2. Procedure for appointment of a standby
27 guardian or a guardian of a disabled person. In any
28 proceeding for the appointment of a standby guardian or a
29 guardian the court may appoint a guardian ad litem to
30 represent the disabled person in the proceeding.
31 (755 ILCS 5/11a-17) (from Ch. 110 1/2, par. 11a-17)
32 Sec. 11a-17. Duties of personal guardian.
HB2367 Engrossed -20- LRB9006820SMpkA
1 (a) To the extent ordered by the court and under the
2 direction of the court, the guardian of the person shall have
3 custody of the ward and the ward's minor and adult dependent
4 children; shall procure for them and shall make provision for
5 their support, care, comfort, health, education and
6 maintenance, and professional services as are appropriate,
7 but the ward's spouse may not be deprived of the custody and
8 education of the ward's minor and adult dependent children,
9 without the consent of the spouse, unless the court finds
10 that the spouse is not a fit and competent person to have
11 that custody and education. The guardian shall assist the
12 ward in the development of maximum self-reliance and
13 independence. The guardian of the person may petition the
14 court for an order directing the guardian of the estate to
15 pay an amount periodically for the provision of the services
16 specified by the court order. If the ward's estate is
17 insufficient to provide for education and the guardian of the
18 ward's person fails to provide education, the court may award
19 the custody of the ward to some other person for the purpose
20 of providing education. If a person makes a settlement upon
21 or provision for the support or education of a ward, the
22 court may make an order for the visitation of the ward by the
23 person making the settlement or provision as the court deems
24 proper.
25 (b) If the court directs, the guardian of the person
26 shall file with the court at intervals indicated by the
27 court, a report that shall state briefly: (1) the current
28 mental, physical, and social condition of the ward and the
29 ward's minor and adult dependent children; (2) their present
30 living arrangement, and a description and the address of
31 every residence where they lived during the reporting period
32 and the length of stay at each place; (3) a summary of the
33 medical, educational, vocational, and other professional
34 services given to them; (4) a resume of the guardian's visits
HB2367 Engrossed -21- LRB9006820SMpkA
1 with and activities on behalf of the ward and the ward's
2 minor and adult dependent children; (5) a recommendation as
3 to the need for continued guardianship; (6) any other
4 information requested by the court or useful in the opinion
5 of the guardian. The Office of the State Guardian shall
6 assist the guardian in filing the report when requested by
7 the guardian. The court may take such action as it deems
8 appropriate pursuant to the report.
9 (c) Absent court order pursuant to the Illinois Power of
10 Attorney Act directing a guardian to exercise powers of the
11 principal under an agency that survives disability, the
12 guardian has no power, duty, or liability with respect to any
13 personal or health care matters covered by the agency. This
14 subsection (c) applies to all agencies, whenever and wherever
15 executed.
16 (d) A guardian acting as a surrogate decision maker
17 under the Health Care Surrogate Act shall have all the rights
18 of a surrogate under that Act without court order including
19 the right to make medical treatment decisions such as
20 decisions to forgo or withdraw life-sustaining treatment. Any
21 decisions by the guardian to forgo or withdraw
22 life-sustaining treatment that are not authorized under the
23 Health Care Surrogate Act shall require a court order.
24 Nothing in this Section shall prevent an agent acting under a
25 power of attorney for health care from exercising his or her
26 authority under the Illinois Power of Attorney Act without
27 further court order, unless a court has acted under Section
28 2-10 of the Illinois Power of Attorney Act. If a guardian is
29 also a health care agent for the ward under a valid power of
30 attorney for health care, the guardian acting as agent may
31 execute his or her authority under that act without further
32 court order.
33 (e) Decisions made by a guardian on behalf of a ward
34 shall be made in accordance with the following standards for
HB2367 Engrossed -22- LRB9006820SMpkA
1 decision making. Decisions made by a guardian on behalf of a
2 ward may be made by conforming as closely as possible to what
3 the ward, if competent, would have done or intended under the
4 circumstances, taking into account evidence that includes,
5 but is not limited to, the ward's personal, philosophical,
6 religious and moral beliefs, and ethical values relative to
7 the decision to be made by the guardian. Where possible, the
8 guardian shall determine how the ward would have made a
9 decision based on the ward's previously expressed
10 preferences, and make decisions in accordance with the
11 preferences of the ward. If the ward's wishes are unknown and
12 remain unknown after reasonable efforts to discern them, the
13 decision shall be made on the basis of the ward's best
14 interests as determined by the guardian. In determining the
15 ward's best interests, the guardian shall weigh the reason
16 for and nature of the proposed action, the benefit or
17 necessity of the action, the possible risks and other
18 consequences of the proposed action, and any available
19 alternatives and their risks, consequences and benefits, and
20 shall take into account any other information, including the
21 views of family and friends, that the guardian believes the
22 ward would have considered if able to act for herself or
23 himself.
24 (f) Upon petition by any interested person (including
25 the standby or short-term guardian), with such notice to
26 interested persons as the court directs and a finding by the
27 court that it is in the best interest of the disabled person,
28 the court may terminate or limit the authority of a standby
29 or short-term guardian or may enter such other orders as the
30 court deems necessary to provide for the best interest of the
31 disabled person. The petition for termination or limitation
32 of the authority of a standby or short-term guardian may, but
33 need not, be combined with a petition to have another
34 guardian appointed for the disabled person.
HB2367 Engrossed -23- LRB9006820SMpkA
1 (Source: P.A. 90-250, eff. 7-29-97.)
2 (755 ILCS 5/11a-18) (from Ch. 110 1/2, par. 11a-18)
3 Sec. 11a-18. Duties of the estate guardian.
4 (a) To the extent specified in the order establishing
5 the guardianship, the guardian of the estate shall have the
6 care, management and investment of the estate, shall manage
7 the estate frugally and shall apply the income and principal
8 of the estate so far as necessary for the comfort and
9 suitable support and education of the ward, his minor and
10 adult dependent children, and persons related by blood or
11 marriage who are dependent upon or entitled to support from
12 him, or for any other purpose which the court deems to be for
13 the best interests of the ward, and the court may approve the
14 making on behalf of the ward of such agreements as the court
15 determines to be for the ward's best interests. The guardian
16 may make disbursement of his ward's funds and estate directly
17 to the ward or other distributee or in such other manner and
18 in such amounts as the court directs. If the estate of a
19 ward is derived in whole or in part from payments of
20 compensation, adjusted compensation, pension, insurance or
21 other similar benefits made directly to the estate by the
22 Veterans Administration, notice of the application for leave
23 to invest or expend the ward's funds or estate, together with
24 a copy of the petition and proposed order, shall be given to
25 the Veterans' Administration Regional Office in this State at
26 least 7 days before the hearing on the application.
27 (a-5) The probate court, upon petition of a guardian,
28 other than the guardian of a minor, and after notice to all
29 other persons interested as the court directs, may authorize
30 the guardian to exercise any or all powers over the estate
31 and business affairs of the ward that the ward could exercise
32 if present and not under disability. The court may authorize
33 the taking of an action or the application of funds not
HB2367 Engrossed -24- LRB9006820SMpkA
1 required for the ward's current and future maintenance and
2 support in any manner approved by the court as being in
3 keeping with the ward's wishes so far as they can be
4 ascertained. The court must consider the permanence of the
5 ward's disabling condition and the natural objects of the
6 ward's bounty. In ascertaining and carrying out the ward's
7 wishes the court may consider, but shall not be limited to,
8 minimization of State or federal income, estate, or
9 inheritance taxes; and providing gifts to charities,
10 relatives, and friends that would be likely recipients of
11 donations from the ward. The ward's wishes as best they can
12 be ascertained shall be carried out, whether or not tax
13 savings are involved. Actions or applications of funds may
14 include, but shall not be limited to, the following:
15 (1) making gifts of income or principal, or both,
16 of the estate, either outright or in trust;
17 (2) conveying, releasing, or disclaiming his or her
18 contingent and expectant interests in property, including
19 marital property rights and any right of survivorship
20 incident to joint tenancy or tenancy by the entirety;
21 (3) releasing or disclaiming his or her powers as
22 trustee, personal representative, custodian for minors,
23 or guardian;
24 (4) exercising, releasing, or disclaiming his or
25 her powers as donee of a power of appointment;
26 (5) entering into contracts;
27 (6) creating for the benefit of the ward or others,
28 revocable or irrevocable trusts of his or her property
29 that may extend beyond his or her disability or life;
30 (7) exercising options of the ward to purchase or
31 exchange securities or other property;
32 (8) exercising the rights of the ward to elect
33 benefit or payment options, to terminate, to change
34 beneficiaries or ownership, to assign rights, to borrow,
HB2367 Engrossed -25- LRB9006820SMpkA
1 or to receive cash value in return for a surrender of
2 rights under any one or more of the following:
3 (i) Life insurance policies, plans, or
4 benefits.
5 (ii) Annuity policies, plans, or benefits.
6 (iii) Mutual fund and other dividend
7 investment plans.
8 (iv) Retirement, profit sharing, and employee
9 welfare plans and benefits;
10 (9) exercising his or her right to claim or
11 disclaim an elective share in the estate of his or her
12 deceased spouse and to renounce any interest by testate
13 or intestate succession or by inter vivos transfer;
14 (10) changing the ward's residence or domicile; or
15 (11) modifying by means of codicil or trust
16 amendment the terms of the ward's will or any revocable
17 trust created by the ward, as the court may consider
18 advisable in light of changes in applicable tax laws. The
19 guardian in his or her petition shall briefly outline the
20 action or application of funds for which he or she seeks
21 approval, the results expected to be accomplished
22 thereby, and the tax savings, if any, expected to accrue.
23 The proposed action or application of funds may include
24 gifts of the ward's personal property or real estate, but
25 transfers of real estate shall be subject to the
26 requirements of Section 20 of this Act. Gifts may be for
27 the benefit of prospective legatees, devisees, or heirs
28 apparent of the ward or may be made to individuals or
29 charities in which the ward is believed to have an
30 interest. The guardian shall also indicate in the
31 petition that any planned disposition is consistent with
32 the intentions of the ward insofar as they can be
33 ascertained, and if the ward's intentions cannot be
34 ascertained, the ward will be presumed to favor reduction
HB2367 Engrossed -26- LRB9006820SMpkA
1 in the incidents of various forms of taxation and the
2 partial distribution of his or her estate as provided in
3 this subsection. The guardian shall not, however, be
4 required to include as a beneficiary or fiduciary any
5 person who he has reason to believe would be excluded by
6 the ward. A guardian shall be required to investigate
7 and pursue a ward's eligibility for governmental
8 benefits.
9 (b) Upon the direction of the court which issued his
10 letters, a guardian may perform the contracts of his ward
11 which were legally subsisting at the time of the commencement
12 of the ward's disability. The court may authorize the
13 guardian to execute and deliver any bill of sale, deed or
14 other instrument.
15 (c) The guardian of the estate of a ward shall appear
16 for and represent the ward in all legal proceedings unless
17 another person is appointed for that purpose as guardian or
18 next friend. This does not impair the power of any court to
19 appoint a guardian ad litem or next friend to defend the
20 interests of the ward in that court, or to appoint or allow
21 any person as the next friend of a ward to commence,
22 prosecute or defend any proceeding in his behalf. Without
23 impairing the power of the court in any respect, if the
24 guardian of the estate of a ward and another person as next
25 friend shall appear for and represent the ward in a legal
26 proceeding in which the compensation of the attorney or
27 attorneys representing the guardian and next friend is solely
28 determined under a contingent fee arrangement, the guardian
29 of the estate of the ward shall not participate in or have
30 any duty to review the prosecution of the action, to
31 participate in or review the appropriateness of any
32 settlement of the action, or to participate in or review any
33 determination of the appropriateness of any fees awarded to
34 the attorney or attorneys employed in the prosecution of the
HB2367 Engrossed -27- LRB9006820SMpkA
1 action.
2 (d) Adjudication of disability shall not revoke or
3 otherwise terminate a trust which is revocable by the ward.
4 A guardian of the estate shall have no authority to revoke a
5 trust that is revocable by the ward, except that the court
6 may authorize a guardian to revoke a Totten trust or similar
7 deposit or withdrawable capital account in trust to the
8 extent necessary to provide funds for the purposes specified
9 in paragraph (a) of this Section. If the trustee of any
10 trust for the benefit of the ward has discretionary power to
11 apply income or principal for the ward's benefit, the trustee
12 shall not be required to distribute any of the income or
13 principal to the guardian of the ward's estate, but the
14 guardian may bring an action on behalf of the ward to compel
15 the trustee to exercise the trustee's discretion or to seek
16 relief from an abuse of discretion. This paragraph shall not
17 limit the right of a guardian of the estate to receive
18 accountings from the trustee on behalf of the ward.
19 (e) Absent court order pursuant to the "Illinois Power
20 of Attorney Act" enacted by the 85th General Assembly
21 directing a guardian to exercise powers of the principal
22 under an agency that survives disability, the guardian will
23 have no power, duty or liability with respect to any property
24 subject to the agency. This subsection (e) applies to all
25 agencies, whenever and wherever executed.
26 (f) Upon petition by any interested person (including
27 the standby or short-term guardian), with such notice to
28 interested persons as the court directs and a finding by the
29 court that it is in the best interest of the disabled person,
30 the court may terminate or limit the authority of a standby
31 or short-term guardian or may enter such other orders as the
32 court deems necessary to provide for the best interest of the
33 disabled person. The petition for termination or limitation
34 of the authority of a standby or short-term guardian may, but
HB2367 Engrossed -28- LRB9006820SMpkA
1 need not, be combined with a petition to have another
2 guardian appointed for the disabled person.
3 (Source: P.A. 89-672, eff. 8-14-96; 90-345, eff. 8-8-97.)
4 (755 ILCS 5/11a-18.2 new)
5 Sec. 11a-18.2. Duties of standby guardian of a disabled
6 person.
7 (a) Before a standby guardian of a disabled person may
8 act, the standby guardian must be appointed by the court of
9 the proper county and, in the case of a standby guardian of
10 the disabled person's estate, the standby guardian must give
11 the bond prescribed in subsection (c) of Section 11a-3.1 and
12 Section 12-2.
13 (b) The standby guardian shall not have any duties or
14 authority to act until the standby guardian receives
15 knowledge of the death or consent of the disabled person's
16 guardian, or the inability of the disabled person's guardian
17 to make and carry out day-to-day care decisions concerning
18 the disabled person for whom the standby guardian has been
19 appointed. This inability of the disabled person's guardian
20 to make and carry out day-to-day care decisions may be
21 communicated either by the guardian's own admission or by the
22 written certification of the guardian's attending physician.
23 Immediately upon receipt of that knowledge, the standby
24 guardian shall assume all duties as guardian of the disabled
25 person as previously determined by the order appointing the
26 standby guardian, and as set forth in Sections 11a-17 and
27 11a-18, and the standby guardian of the person shall have the
28 authority to act as guardian of the person without direction
29 of court for a period of up to 60 days, provided that the
30 authority of the standby guardian may be limited or
31 terminated by a court of competent jurisdiction.
32 (c) Within 60 days of the standby guardian's receipt of
33 knowledge of the death or consent of the disabled person's
HB2367 Engrossed -29- LRB9006820SMpkA
1 guardian, or the inability of the disabled person's guardian
2 to make and carry out day-to-day care decisions concerning
3 the disabled person, the standby guardian shall file or cause
4 to be filed a petition for the appointment of a guardian of
5 the person or estate, or both, of the disabled person under
6 Section 11a-3.
7 (755 ILCS 5/11a-18.3 new)
8 Sec. 11a-18.3. Duties of short-term guardian of a
9 disabled person.
10 (a) Immediately upon the effective date of the
11 appointment of a short-term guardian, the short-term guardian
12 shall assume all duties as short-term guardian of the
13 disabled person as provided in this Section. The short-term
14 guardian of the person shall have authority to act as
15 short-term guardian, without direction of court, for the
16 duration of the appointment, which in no case shall exceed a
17 period of 60 days. The authority of the short-term guardian
18 may be limited or terminated by a court of competent
19 jurisdiction.
20 (b) Unless further specifically limited by the
21 instrument appointing the short-term guardian, a short-term
22 guardian shall have the authority to act as a guardian of the
23 person of a disabled person as prescribed in Section 11a-17,
24 but shall not have any authority to act as guardian of the
25 estate of a disabled person, except that a short-term
26 guardian shall have the authority to apply for and receive on
27 behalf of the disabled person benefits to which the disabled
28 person may be entitled from or under federal, State, or local
29 organizations or programs.
30 (755 ILCS 5/11a-23)
31 Sec. 11a-23. Reliance on authority of guardian, standby
32 guardian, short-term guardian.
HB2367 Engrossed -30- LRB9006820SMpkA
1 (a) For the purpose of this Section, "guardian",
2 "standby guardian", and "short-term guardian" includes
3 temporary, plenary, or limited guardians of all wards.
4 (b) Every health care provider and other person
5 (reliant) has the right to rely on any decision or direction
6 made by the guardian, standby guardian, or short-term
7 guardian that is not clearly contrary to the law, to the same
8 extent and with the same effect as though the decision or
9 direction had been made or given by the ward. Any person
10 dealing with the guardian, standby guardian, or short-term
11 guardian may presume in the absence of actual knowledge to
12 the contrary that the acts of the guardian, standby guardian,
13 or short-term guardian conform to the provisions of the law.
14 A reliant shall not be protected if the reliant has actual
15 knowledge that the guardian, standby guardian, or short-term
16 guardian is not entitled to act or that any particular action
17 or inaction is contrary to the provisions of the law.
18 (c) A health care provider (provider) who relies on and
19 carries out a guardian's, standby guardian's, or short-term
20 guardian's directions and who acts with due care and in
21 accordance with the law shall not be subject to any claim
22 based on lack of consent, or to criminal prosecution, or to
23 discipline for unprofessional conduct. Nothing in this
24 Section shall be deemed to protect a provider from liability
25 for the provider's own negligence in the performance of the
26 provider's duties or in carrying out any instructions of the
27 guardian, standby guardian, or short-term guardian, and
28 nothing in this Section shall be deemed to alter the law of
29 negligence as it applies to the acts of any guardian or
30 provider.
31 (d) A guardian, standby guardian, or short term
32 guardian, who acts or refrains from acting is not subject to
33 criminal prosecution or any claim based upon lack of his or
34 her authority or failure to act, if the act or failure to act
HB2367 Engrossed -31- LRB9006820SMpkA
1 was with due care and in accordance with law. The guardian,
2 standby guardian, or short term guardian, shall not be liable
3 merely because he or she may benefit from the act, has
4 individual or conflicting interests in relation to the care
5 and affairs of the ward, or acts in a different manner with
6 respect to the guardian's, standby guardian's, or short-term
7 guardian's own care or interests.
8 (Source: P.A. 89-438, eff. 12-15-95.)
9 (755 ILCS 5/12-2) (from Ch. 110 1/2, par. 12-2)
10 Sec. 12-2. Individual representative; oath and bond.
11 (a) Except as provided in subsection (b), before
12 undertaking the representative's duties, every individual
13 representative shall take and file an oath or affirmation
14 that the individual will faithfully discharge the duties of
15 the office of the representative according to law and shall
16 file in and have approved by the court a bond binding the
17 individual representative so to do. The court may waive the
18 filing of a bond of a representative of the person of a ward
19 or of a standby guardian of a minor or disabled person.
20 (b) Where bond or security is excused by the will or as
21 provided in subsection (b) of Section 12-4, the bond of the
22 representative in the amount from time to time required under
23 this Article shall be in full force and effect without
24 writing, unless the court requires the filing of a written
25 bond.
26 (Source: P.A. 88-529.)
27 Section 99. Effective date. This Act takes effect upon
28 becoming law.