Public Act 90-0250 of the 90th General Assembly
Public Act 90-0250
HB1252 Enrolled LRB9000014SMdvB
AN ACT to amend the Probate Act of 1975 by changing
Sections 11a-4, 11a-14.1, and 11a-17.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Probate Act of 1975 is amended by
changing Sections 11a-4, 11a-14.1, and 11a-17 as follows:
(755 ILCS 5/11a-4) (from Ch. 110 1/2, par. 11a-4)
Sec. 11a-4. Temporary guardian.) Prior to the
appointment of a guardian under this Article, or pending an
appeal in relation to the appointment, or pending the
completion of a citation proceeding brought pursuant to
Section 23-3 of this Act, the court may appoint a temporary
guardian upon a showing of the necessity therefor for the
immediate welfare and protection of the alleged disabled
person or his estate on such notice and subject to such
conditions as the court may prescribe. In determining the
necessity for temporary guardianship, the immediate welfare
and protection of the alleged disabled person and his or her
estate shall be of paramount concern, and the interests of
the petitioner, any care provider, or any other party shall
not outweigh the interests of the alleged disabled person.
The temporary guardian shall have all of the powers and
duties of a guardian of the person or of the estate which are
specifically enumerated by court order. The court order shall
state the actual harm identified by the court that
necessitates temporary guardianship. The temporary
guardianship shall expire within 60 days after the
appointment or whenever a guardian is regularly appointed,
whichever occurs first. Except pending the disposition on
appeal of an adjudication of disability, no extension shall
be granted. However, the ward shall have the right any time
after the appointment of a temporary guardian is made to
petition the court to revoke the appointment of the temporary
guardian.
(Source: P.A. 89-396, eff. 8-20-95.)
(755 ILCS 5/11a-14.1) (from Ch. 110 1/2, par. 11a-14.1)
Sec. 11a-14.1. Residential placement.) No guardian
appointed under this Article, except for duly appointed
Public Guardians and the Office of State Guardian, shall have
the power, unless specified by court order, to place his ward
in a residential facility. The guardianship order may
specify the conditions on which the guardian may admit the
ward to a residential facility without further court order.
In making residential placement decisions, the guardian shall
make decisions in conformity with the preferences of the ward
unless the guardian is reasonably certain that the decisions
will result in substantial harm to the ward or to the ward's
estate. When the preferences of the ward cannot be
ascertained or where they will result in substantial harm to
the ward or to the ward's estate, the guardian shall make
decisions with respect to the ward's placement which are in
the best interests of the ward. The guardian shall not remove
the ward from his or her home or separate the ward from
family and friends unless such removal is necessary to
prevent substantial harm to the ward or to the ward's estate.
The guardian shall have a duty to investigate the
availability of reasonable residential alternatives. The
guardian shall monitor the placement of the ward on an
on-going basis to ensure its continued appropriateness, and
shall pursue appropriate alternatives as needed.
(Source: P.A. 80-1415.)
(755 ILCS 5/11a-17) (from Ch. 110 1/2, par. 11a-17)
Sec. 11a-17. Duties of personal guardian.
(a) To the extent ordered by the court and under the
direction of the court, the guardian of the person shall have
custody of the ward and the ward's minor and adult dependent
children; shall procure for them and shall make provision for
their support, care, comfort, health, education and
maintenance, and professional services as are appropriate,
but the ward's spouse may not be deprived of the custody and
education of the ward's minor and adult dependent children,
without the consent of the spouse, unless the court finds
that the spouse is not a fit and competent person to have
that custody and education. The guardian shall assist the
ward in the development of maximum self-reliance and
independence. The guardian of the person may petition the
court for an order directing the guardian of the estate to
pay an amount periodically for the provision of the services
specified by the court order. If the ward's estate is
insufficient to provide for education and the guardian of the
ward's person fails to provide education, the court may award
the custody of the ward to some other person for the purpose
of providing education. If a person makes a settlement upon
or provision for the support or education of a ward, the
court may make an order for the visitation of the ward by the
person making the settlement or provision as the court deems
proper.
(b) If the court directs, the guardian of the person
shall file with the court at intervals indicated by the
court, a report that shall state briefly: (1) the current
mental, physical, and social condition of the ward and the
ward's minor and adult dependent children; (2) their present
living arrangement, and a description and the address of
every residence where they lived during the reporting period
and the length of stay at each place; (3) a summary of the
medical, educational, vocational, and other professional
services given to them; (4) a resume of the guardian's visits
with and activities on behalf of the ward and the ward's
minor and adult dependent children; (5) a recommendation as
to the need for continued guardianship; (6) any other
information requested by the court or useful in the opinion
of the guardian. The Office of the State Guardian shall
assist the guardian in filing the report when requested by
the guardian. The court may take such action as it deems
appropriate pursuant to the report.
(c) Absent court order pursuant to the Illinois Power of
Attorney Act directing a guardian to exercise powers of the
principal under an agency that survives disability, the
guardian has no power, duty, or liability with respect to any
personal or health care matters covered by the agency. This
subsection (c) applies to all agencies, whenever and wherever
executed.
(d) A guardian acting as a surrogate decision maker
under the Health Care Surrogate Act shall have all the rights
of a surrogate under that Act without court order including
the right to make medical treatment decisions such as
decisions to forgo or withdraw life-sustaining treatment. Any
decisions by the guardian to forgo or withdraw
life-sustaining treatment that are not authorized under the
Health Care Surrogate Act shall require a court order.
Nothing in this Section shall prevent an agent acting under a
power of attorney for health care from exercising his or her
authority under the Illinois Power of Attorney Act without
further court order, unless a court has acted under Section
2-10 of the Illinois Power of Attorney Act. If a guardian is
also a health care agent for the ward under a valid power of
attorney for health care, the guardian acting as agent may
execute his or her authority under that act without further
court order.
(e) Decisions made by a guardian on behalf of a ward
shall be made in accordance with the following standards for
decision making. Decisions made by a guardian on behalf of a
ward may be made by conforming as closely as possible to what
the ward, if competent, would have done or intended under the
circumstances, taking into account evidence that includes,
but is not limited to, the ward's personal, philosophical,
religious and moral beliefs, and ethical values relative to
the decision to be made by the guardian. Where possible, the
guardian shall determine how the ward would have made a
decision based on the ward's previously expressed
preferences, and make decisions in accordance with the
preferences of the ward. If the ward's wishes are unknown and
remain unknown after reasonable efforts to discern them, the
decision shall be made on the basis of the ward's best
interests as determined by the guardian. In determining the
ward's best interests, the guardian shall weigh the reason
for and nature of the proposed action, the benefit or
necessity of the action, the possible risks and other
consequences of the proposed action, and any available
alternatives and their risks, consequences and benefits, and
shall take into account any other information, including the
views of family and friends, that the guardian believes the
ward would have considered if able to act for herself or
himself.
(Source: P.A. 87-749.)
Section 99. Effective date. This Act takes effect upon
becoming law.