Bill Text: IL HB5924 | 2015-2016 | 99th General Assembly | Engrossed

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Bill Title: Amends the Probate Act of 1975. Provides that upon petition by an adult child, the court may order the guardian to permit visitation between the ward and the adult child if the court finds that the visitation is in the ward's best interests. Provides that the court shall order the guardian to keep the adult children of the ward informed of hospitalizations of the ward, the death of the ward, and burial arrangements for the ward unless the court finds on its own motion or upon petition by the guardian that limiting such disclosure is in the best interests of the ward. Provides that if the issue of whether disclosure is in the best interests of the ward, the adult child has the right to a hearing upon the issue of whether to limit disclosure.

Spectrum: Moderate Partisan Bill (Democrat 37-10)

Status: (Passed) 2016-08-15 - Public Act . . . . . . . . . 99-0821 [HB5924 Detail]

Download: Illinois-2015-HB5924-Engrossed.html



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1 AN ACT concerning civil law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Probate Act of 1975 is amended by changing
5Section 11a-17 as follows:
6 (755 ILCS 5/11a-17) (from Ch. 110 1/2, par. 11a-17)
7 Sec. 11a-17. Duties of personal guardian.
8 (a) To the extent ordered by the court and under the
9direction of the court, the guardian of the person shall have
10custody of the ward and the ward's minor and adult dependent
11children and shall procure for them and shall make provision
12for their support, care, comfort, health, education and
13maintenance, and professional services as are appropriate, but
14the ward's spouse may not be deprived of the custody and
15education of the ward's minor and adult dependent children,
16without the consent of the spouse, unless the court finds that
17the spouse is not a fit and competent person to have that
18custody and education. The guardian shall assist the ward in
19the development of maximum self-reliance and independence. The
20guardian of the person may petition the court for an order
21directing the guardian of the estate to pay an amount
22periodically for the provision of the services specified by the
23court order. If the ward's estate is insufficient to provide

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1for education and the guardian of the ward's person fails to
2provide education, the court may award the custody of the ward
3to some other person for the purpose of providing education. If
4a person makes a settlement upon or provision for the support
5or education of a ward, the court may make an order for the
6visitation of the ward by the person making the settlement or
7provision as the court deems proper. A guardian of the person
8may not admit a ward to a mental health facility except at the
9ward's request as provided in Article IV of the Mental Health
10and Developmental Disabilities Code and unless the ward has the
11capacity to consent to such admission as provided in Article IV
12of the Mental Health and Developmental Disabilities Code.
13 (a-5) If the ward filed a petition for dissolution of
14marriage under the Illinois Marriage and Dissolution of
15Marriage Act before the ward was adjudicated a person with a
16disability under this Article, the guardian of the ward's
17person and estate may maintain that action for dissolution of
18marriage on behalf of the ward. Upon petition by the guardian
19of the ward's person or estate, the court may authorize and
20direct a guardian of the ward's person or estate to file a
21petition for dissolution of marriage or to file a petition for
22legal separation or declaration of invalidity of marriage under
23the Illinois Marriage and Dissolution of Marriage Act on behalf
24of the ward if the court finds by clear and convincing evidence
25that the relief sought is in the ward's best interests. In
26making its determination, the court shall consider the

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1standards set forth in subsection (e) of this Section.
2 (a-10) Upon petition by the guardian of the ward's person
3or estate, the court may authorize and direct a guardian of the
4ward's person or estate to consent, on behalf of the ward, to
5the ward's marriage pursuant to Part II of the Illinois
6Marriage and Dissolution of Marriage Act if the court finds by
7clear and convincing evidence that the marriage is in the
8ward's best interests. In making its determination, the court
9shall consider the standards set forth in subsection (e) of
10this Section. Upon presentation of a court order authorizing
11and directing a guardian of the ward's person and estate to
12consent to the ward's marriage, the county clerk shall accept
13the guardian's application, appearance, and signature on
14behalf of the ward for purposes of issuing a license to marry
15under Section 203 of the Illinois Marriage and Dissolution of
16Marriage Act.
17 (b) If the court directs, the guardian of the person shall
18file with the court at intervals indicated by the court, a
19report that shall state briefly: (1) the current mental,
20physical, and social condition of the ward and the ward's minor
21and adult dependent children; (2) their present living
22arrangement, and a description and the address of every
23residence where they lived during the reporting period and the
24length of stay at each place; (3) a summary of the medical,
25educational, vocational, and other professional services given
26to them; (4) a resume of the guardian's visits with and

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1activities on behalf of the ward and the ward's minor and adult
2dependent children; (5) a recommendation as to the need for
3continued guardianship; (6) any other information requested by
4the court or useful in the opinion of the guardian. The Office
5of the State Guardian shall assist the guardian in filing the
6report when requested by the guardian. The court may take such
7action as it deems appropriate pursuant to the report.
8 (c) Absent court order pursuant to the Illinois Power of
9Attorney Act directing a guardian to exercise powers of the
10principal under an agency that survives disability, the
11guardian has no power, duty, or liability with respect to any
12personal or health care matters covered by the agency. This
13subsection (c) applies to all agencies, whenever and wherever
14executed.
15 (d) A guardian acting as a surrogate decision maker under
16the Health Care Surrogate Act shall have all the rights of a
17surrogate under that Act without court order including the
18right to make medical treatment decisions such as decisions to
19forgo or withdraw life-sustaining treatment. Any decisions by
20the guardian to forgo or withdraw life-sustaining treatment
21that are not authorized under the Health Care Surrogate Act
22shall require a court order. Nothing in this Section shall
23prevent an agent acting under a power of attorney for health
24care from exercising his or her authority under the Illinois
25Power of Attorney Act without further court order, unless a
26court has acted under Section 2-10 of the Illinois Power of

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1Attorney Act. If a guardian is also a health care agent for the
2ward under a valid power of attorney for health care, the
3guardian acting as agent may execute his or her authority under
4that act without further court order.
5 (e) Decisions made by a guardian on behalf of a ward shall
6be made in accordance with the following standards for decision
7making. Decisions made by a guardian on behalf of a ward may be
8made by conforming as closely as possible to what the ward, if
9competent, would have done or intended under the circumstances,
10taking into account evidence that includes, but is not limited
11to, the ward's personal, philosophical, religious and moral
12beliefs, and ethical values relative to the decision to be made
13by the guardian. Where possible, the guardian shall determine
14how the ward would have made a decision based on the ward's
15previously expressed preferences, and make decisions in
16accordance with the preferences of the ward. If the ward's
17wishes are unknown and remain unknown after reasonable efforts
18to discern them, the decision shall be made on the basis of the
19ward's best interests as determined by the guardian. In
20determining the ward's best interests, the guardian shall weigh
21the reason for and nature of the proposed action, the benefit
22or necessity of the action, the possible risks and other
23consequences of the proposed action, and any available
24alternatives and their risks, consequences and benefits, and
25shall take into account any other information, including the
26views of family and friends, that the guardian believes the

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1ward would have considered if able to act for herself or
2himself.
3 (f) Upon petition by any interested person (including the
4standby or short-term guardian), with such notice to interested
5persons as the court directs and a finding by the court that it
6is in the best interest of the person with a disability, the
7court may terminate or limit the authority of a standby or
8short-term guardian or may enter such other orders as the court
9deems necessary to provide for the best interest of the person
10with a disability. The petition for termination or limitation
11of the authority of a standby or short-term guardian may, but
12need not, be combined with a petition to have another guardian
13appointed for the person with a disability.
14 (g)(1) Unless there is a court order to the contrary, the
15guardian, consistent with the standards set forth in subsection
16(e) of this Section, shall use reasonable efforts to notify the
17ward's known adult children, who have requested notification
18and provided contact information, of the ward's admission to a
19hospital or hospice program, the ward's death, and the
20arrangements for the disposition of the ward's remains.
21 (2) If a guardian unreasonably prevents an adult child of
22the ward from visiting the ward, the court, upon a verified
23petition by an adult child, may order the guardian to permit
24visitation between the ward and the adult child if the court
25finds that the visitation is in the ward's best interests. In
26making its determination, the court shall consider the

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1standards set forth in subsection (e) of this Section. This
2subsection (g) does not apply to duly appointed public
3guardians or the Office of State Guardian.
4(Source: P.A. 98-1107, eff. 8-26-14; 99-143, eff. 7-27-15.)
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