Bill Text: IL HB4562 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Guardians For Adults With Disabilities Article of the Probate Act of 1975. Provides that a guardian shall consider the ward's current preferences to the extent the ward has the ability to participate in decision making when those preferences are known or reasonably ascertainable by the guardian. Provides that decisions by the guardian shall conform to the ward's current preferences unless the guardian reasonably believes that doing so would result in substantial harm to the ward's welfare or personal or financial interests. Provides that if the guardian is unable to ascertain the ward's preferences, then the decisions may be made by conforming as closely as possible to what the ward would have done or intended under the circumstances. Makes conforming changes. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB4562 Detail]

Download: Illinois-2019-HB4562-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB4562 Introduced , by Rep. Thomas M. Bennett SYNOPSIS AS INTRODUCED:
755 ILCS 5/11a-17 from Ch. 110 1/2, par. 11a-17
Amends the Guardians For Adults With Disabilities Article of the Probate Act of 1975. Provides that a guardian shall consider the ward's current preferences to the extent the ward has the ability to participate in decision making when those preferences are known or reasonably ascertainable by the guardian. Provides that decisions by the guardian shall conform to the ward's current preferences unless the guardian reasonably believes that doing so would result in substantial harm to the ward's welfare or personal or financial interests. Provides that if the guardian is unable to ascertain the ward's preferences, then the decisions may be made by conforming as closely as possible to what the ward would have done or intended under the circumstances. Makes conforming changes. Effective immediately.
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A BILL FOR
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AN ACT concerning civil law.
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
Section 11a-17 as follows:
(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 and 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

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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. A guardian of the person
may not admit a ward to a mental health facility except at the
ward's request as provided in Article IV of the Mental Health
and Developmental Disabilities Code and unless the ward has the
capacity to consent to such admission as provided in Article IV
of the Mental Health and Developmental Disabilities Code.
(a-3) If a guardian of an estate has not been appointed,
the guardian of the person may, without an order of court,
open, maintain, and transfer funds to an ABLE account on behalf
of the ward and the ward's minor and adult dependent children
as specified under Section 16.6 of the State Treasurer Act.
(a-5) If the ward filed a petition for dissolution of
marriage under the Illinois Marriage and Dissolution of
Marriage Act before the ward was adjudicated a person with a
disability under this Article, the guardian of the ward's
person and estate may maintain that action for dissolution of
marriage on behalf of the ward. Upon petition by the guardian
of the ward's person or estate, the court may authorize and
direct a guardian of the ward's person or estate to file a
petition for dissolution of marriage or to file a petition for

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legal separation or declaration of invalidity of marriage under
the Illinois Marriage and Dissolution of Marriage Act on behalf
of the ward if the court finds by clear and convincing evidence
that the relief sought is in the ward's best interests. In
making its determination, the court shall consider the
standards set forth in subsection (e) of this Section.
(a-10) Upon petition by the guardian of the ward's person
or estate, the court may authorize and direct a guardian of the
ward's person or estate to consent, on behalf of the ward, to
the ward's marriage pursuant to Part II of the Illinois
Marriage and Dissolution of Marriage Act if the court finds by
clear and convincing evidence that the marriage is in the
ward's best interests. In making its determination, the court
shall consider the standards set forth in subsection (e) of
this Section. Upon presentation of a court order authorizing
and directing a guardian of the ward's person and estate to
consent to the ward's marriage, the county clerk shall accept
the guardian's application, appearance, and signature on
behalf of the ward for purposes of issuing a license to marry
under Section 203 of the Illinois Marriage and Dissolution of
Marriage Act.
(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

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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

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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. The guardian shall consider the ward's current
preferences to the extent the ward has the ability to
participate in decision making when those preferences are known
or reasonably ascertainable by the guardian. Decisions by the
guardian shall conform to the ward's current preferences unless
the guardian reasonably believes that doing so would result in
substantial harm to the ward's welfare or personal or financial
interests. If the guardian is unable to ascertain the ward's
preferences, then the decisions 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

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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, or
when the guardian reasonably believes that a decision made in
conformity with the ward's preferences would result in
substantial harm to the ward's welfare or personal or financial
interests, 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.
(f) Upon petition by any interested person (including the
standby or short-term guardian), with such notice to interested
persons as the court directs and a finding by the court that it
is in the best interest of the person with a disability, the
court may terminate or limit the authority of a standby or
short-term guardian or may enter such other orders as the court
deems necessary to provide for the best interest of the person

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with a disability. The petition for termination or limitation
of the authority of a standby or short-term guardian may, but
need not, be combined with a petition to have another guardian
appointed for the person with a disability.
(g)(1) Unless there is a court order to the contrary, the
guardian, consistent with the standards set forth in subsection
(e) of this Section, shall use reasonable efforts to notify the
ward's known adult children, who have requested notification
and provided contact information, of the ward's admission to a
hospital or hospice program, the ward's death, and the
arrangements for the disposition of the ward's remains.
(2) If a guardian unreasonably prevents an adult child,
spouse, adult grandchild, parent, or adult sibling of the ward
from visiting the ward, the court, upon a verified petition,
may order the guardian to permit visitation between the ward
and the adult child, spouse, adult grandchild, parent, or adult
sibling. In making its determination, the court shall consider
the standards set forth in subsection (e) of this Section. The
court shall not allow visitation if the court finds that the
ward has capacity to evaluate and communicate decisions
regarding visitation and expresses a desire not to have
visitation with the petitioner. This subsection (g) does not
apply to duly appointed public guardians or the Office of State
Guardian.
(Source: P.A. 100-1054, eff. 1-1-19; 101-329, eff. 8-9-19.)
Section 99. Effective date. This Act takes effect upon

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becoming law.