Bill Text: IL SB2758 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Probate Act of 1975. Allows a ward in guardianship to marry if the ward understands the nature, effect, duties, and obligations of marriage. Provides that prior consent of the guardian of the person or estate or approval of the court is not required for the ward to enter into a marriage. Provides that a guardian may contest the validity of a marriage under the Illinois Marriage and Dissolution of Marriage Act.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-12 - Rule 3-9(a) / Re-referred to Assignments [SB2758 Detail]

Download: Illinois-2023-SB2758-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2758 Introduced 1/16/2024, by Sen. Karina Villa SYNOPSIS AS INTRODUCED:
755 ILCS 5/11a-17 from Ch. 110 1/2, par. 11a-17
Amends the Probate Act of 1975. Allows a ward in guardianship to get married who understands the nature, effect, duties, and obligations of marriage. Prior consent of the guardian of the person or estate or approval of the court is not required for the ward to enter into a marriage. A guardian may contest the validity of the marriage pursuant to Sections 301 and 302 of Illinois Marriage and Dissolution of Marriage Act.
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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

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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-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

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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) A ward who understands the nature, effect, duties,
and obligations of marriage retains the fundamental right to
marry. Prior consent of the guardian of the person or estate or
approval of the court is not required for the ward to enter
into a marriage. A ward, guardian of the person, or guardian of
the estate may seek judicial approval or ratification of a
marriage pursuant to a petition to the court. 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. A
guardian may contest the validity of a marriage pursuant to
Sections 301 and 302 of Illinois Marriage and Dissolution of

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Marriage Act. 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

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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. 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

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known or reasonably ascertainable by the guardian. Decisions
by the guardian shall conform to the ward's current
preferences: (1) unless the guardian reasonably believes that
doing so would result in substantial harm to the ward's
welfare or personal or financial interests; and (2) so long as
such decisions give substantial weight 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, or if 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

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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 interests 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
interests 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, hospice, or palliative care 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,

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