|
| Public Act 100-1054
|
| HB4687 Enrolled | LRB100 17480 HEP 32649 b |
|
|
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 |
|
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-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 |
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 |
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.
|
(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 |
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 by |
an adult child, may order the guardian to permit visitation |
between the ward and the adult child, spouse, adult grandchild, |
parent, or adult sibling if the court finds that the visitation |
|
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. 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. 98-1107, eff. 8-26-14; 99-143, eff. 7-27-15; |
99-821, eff. 1-1-17.)
|
