Bill Text: IL SB0080 | 2021-2022 | 102nd General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Probate Act of 1975. Provides that, in a case regarding temporary guardianship, if no limited or plenary guardian has been appointed in a case regarding temporary guardianship, the court may grant an extension up to an additional 60 days or until a limited or plenary guardian has been appointed. Provides that the court may appoint separate individuals or entities or co-guardians to act as the guardian of the person and the guardian of the estate of a person with a disability under certain circumstances. Provides that a guardian is entitled to reasonable and appropriate fees, if certain conditions are met. Provides that fees awarded to a guardian shall be considered as a first-class claim for administrative expenses and paid from the guardianship estate from the decedent's estate. Adds procedures regarding the succession of a new public guardian. Makes formatting changes in Sections concerning: definitions; statutory forms; short-term guardians; preliminary hearings; domestic violence orders of protection; sterilization of the ward; and notice of rights of the ward. Changes references to "best interest" to "best interests". Amends the Illinois Power of Attorney Act. Provides that if an agent seeks guardianship of the principal, the petition for guardianship must delineate the specific powers to be granted to the guardian that are not already included in the power of attorney.

Spectrum: Slight Partisan Bill (Republican 4-2)

Status: (Passed) 2021-07-09 - Public Act . . . . . . . . . 102-0072 [SB0080 Detail]

Download: Illinois-2021-SB0080-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 SB0080 Introduced 2/3/2021, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED:
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Amends the Probate Act of 1975. Provides that, in a case regarding temporary guardianship, if no limited or plenary guardian has been appointed in a case regarding temporary guardianship, the court may grant an extension up to an additional 60 days or until a limited or plenary guardian has been appointed. Provides that the court may appoint separate individuals or entities or co-guardians to act as the guardian of the person and the guardian of the estate of a person with a disability under certain circumstances. Provides that a guardian is entitled to reasonable and appropriate fees, if certain conditions are met. Provides that fees awarded to a guardian shall be considered as a first-class claim for administrative expenses and paid from the guardianship estate from the decedent's estate. Adds procedures regarding the succession of a new public guardian. Makes formatting changes in Sections concerning: definitions; statutory forms; short-term guardians; preliminary hearings; domestic violence orders of protection; sterilization of the ward; and notice of rights of the ward. Changes references to "best interest" to "best interests". Amends the Illinois Power of Attorney Act. Provides that if an agent seeks guardianship of the principal, the petition for guardianship must delineate the specific powers to be granted to the guardian that are not already included in the power of attorney.
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A BILL FOR
SB0080 LRB102 04047 LNS 14063 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
Sections 11a-1, 11a-3, 11a-3.1, 11a-3.2, 11a-4, 11a-5, 11a-8,
11a-10, 11a-10.1, 11a-12, 11a-17, 11a-17.1, 11a-18, 11a-18.3,
11a-19, 11a-20, 13-1, 18-10, 19-2, 25-4, and 27-1 and by
adding Section 11a-13.5 as follows:
(755 ILCS 5/11a-1) (from Ch. 110 1/2, par. 11a-1)
Sec. 11a-1. "Developmental disability" defined.)
"Developmental disability" means a disability which is
attributable to: (a) an intellectual disability, cerebral
palsy, epilepsy or autism; or to (b) any other condition which
results in impairment similar to that caused by an
intellectual disability and which requires services similar to
those required by persons with intellectual disabilities. Such
disability must originate before the age of 18 years, be
expected to continue indefinitely, and constitute a
substantial disability.
(Source: P.A. 99-143, eff. 7-27-15.)
(755 ILCS 5/11a-3) (from Ch. 110 1/2, par. 11a-3)
Sec. 11a-3. Adjudication of disability; Power to appoint

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guardian.
(a) Upon the filing of a petition by a reputable person or
by the alleged person with a disability himself or on its own
motion, the court may adjudge a person to be a person with a
disability, but only if it has been demonstrated by clear and
convincing evidence that the person is a person with a
disability as defined in Section 11a-2. If the court adjudges
a person to be a person with a disability, the court may
appoint (1) a guardian of his person, if it has been
demonstrated by clear and convincing evidence that because of
his disability he lacks sufficient understanding or capacity
to make or communicate responsible decisions concerning the
care of his person, or (2) a guardian of his estate, if it has
been demonstrated by clear and convincing evidence that
because of his disability he is unable to manage his estate or
financial affairs, or (3) a guardian of his person and of his
estate. The court may appoint co-guardians in accordance with
Section 11a-15.
(b) Guardianship shall be utilized only as is necessary to
promote the well-being of the person with a disability, to
protect him from neglect, exploitation, or abuse, and to
encourage development of his maximum self-reliance and
independence. Guardianship shall be ordered only to the extent
necessitated by the individual's actual mental, physical and
adaptive limitations. The order shall conform with Sections
11a-12 and 11a-14.

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(Source: P.A. 99-143, eff. 7-27-15.)
(755 ILCS 5/11a-3.1)
Sec. 11a-3.1. Appointment of standby guardian.
(a) The guardian of a person with a disability may
designate in any writing, including a will, a person qualified
to act under Section 11a-5 to be appointed as standby guardian
of the person or estate, or both, of the person with a
disability. The guardian may designate in any writing,
including a will, a person qualified to act under Section
11a-5 to be appointed as successor standby guardian of the
person or estate of the person with a disability, or both. The
designation must be witnessed by 2 or more credible witnesses
at least 18 years of age, neither of whom is the person
designated as the standby guardian. The designation may be
proved by any competent evidence. If the designation is
executed and attested in the same manner as a will, it shall
have prima facie validity. Prior to designating a proposed
standby guardian, the guardian shall consult with the person
with a disability to determine the preference of the person
with a disability as to the person who will serve as standby
guardian. The guardian shall give due consideration to the
preference of the person with a disability in selecting a
standby guardian.
(b) Upon the filing of a petition for the appointment of a
standby guardian, the court may appoint a standby guardian of

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the person or estate, or both, of the person with a disability
as the court finds to be in the best interests interest of the
person with a disability. The court shall apply the same
standards used in determining the suitability of a plenary or
limited guardian in determining the suitability of a standby
guardian, giving due consideration to the preference of the
person with a disability as to a standby guardian. The court
may not appoint the Office of State Guardian, pursuant to
Section 30 of the Guardianship and Advocacy Act, or a public
guardian, pursuant to Section 13-5 of this Act, as a standby
guardian, without the written consent of the State Guardian or
public guardian or an authorized representative of the State
Guardian or public guardian.
(c) The standby guardian shall take and file an oath or
affirmation that the standby guardian will faithfully
discharge the duties of the office of standby guardian
according to law, and shall file in and have approved by the
court a bond binding the standby guardian so to do, but shall
not be required to file a bond until the standby guardian
assumes all duties as guardian of the person with a disability
under Section 11a-18.2.
(d) The designation of a standby guardian may, but need
not, be in the following form:
DESIGNATION OF STANDBY GUARDIAN
[IT IS IMPORTANT TO READ THE FOLLOWING INSTRUCTIONS:
A standby guardian is someone who has been appointed

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by the court as the person who will act as guardian of the
person with a disability when the guardian of the person
with a disability dies or is no longer willing or able to
make and carry out day-to-day care decisions concerning
the person with a disability. By properly completing this
form, a guardian is naming the person that the guardian
wants to be appointed as the standby guardian of the
person with a disability. Signing the form does not
appoint the standby guardian; to be appointed, a petition
must be filed in and approved by the court.]
1. Guardian and Ward. I, (insert name of designating
guardian), currently residing at (insert address of
designating guardian), am the guardian of the following
person with a disability: (insert name of ward).
2. Standby Guardian. I hereby designate the following
person to be appointed as standby guardian for my ward
listed above: (insert name and address of person
designated).
3. Successor Standby Guardian. If the person named in
item 2 above cannot or will not act as standby guardian, I
designate the following person to be appointed as
successor standby guardian for my ward: (insert name and
address of person designated).
4. Date and Signature. This designation is made this
(insert day) day of (insert month and year).
Signed: (designating guardian)

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5. Witnesses. I saw the guardian sign this designation
or the guardian told me that the guardian signed this
designation. Then I signed the designation as a witness in
the presence of the guardian. I am not designated in this
instrument to act as a standby guardian for the guardian's
ward. (insert space for names, addresses, and signatures
of 2 witnesses)
[END OF FORM].
(Source: P.A. 99-143, eff. 7-27-15.)
(755 ILCS 5/11a-3.2)
Sec. 11a-3.2. Short-term guardian.
(a) The guardian of a person with a disability may appoint
in writing, without court approval, a short-term guardian of
the person with a disability to take over the guardian's
duties, to the extent provided in Section 11a-18.3, each time
the guardian is unavailable or unable to carry out those
duties. The guardian shall consult with the person with a
disability to determine the preference of the person with a
disability concerning the person to be appointed as short-term
guardian and the guardian shall give due consideration to the
preference of the person with a disability in choosing a
short-term guardian. The written instrument appointing a
short-term guardian shall be dated and shall identify the
appointing guardian, the person with a disability, the person
appointed to be the short-term guardian, and the termination

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date of the appointment. The written instrument shall be
signed by, or at the direction of, the appointing guardian in
the presence of at least 2 credible witnesses at least 18 years
of age, neither of whom is the person appointed as the
short-term guardian. The person appointed as the short-term
guardian shall also sign the written instrument, but need not
sign at the same time as the appointing guardian. A guardian
may not appoint the Office of State Guardian or a public
guardian as a short-term guardian, without the written consent
of the State Guardian or public guardian or an authorized
representative of the State Guardian or public guardian.
(b) The appointment of the short-term guardian is
effective immediately upon the date the written instrument is
executed, unless the written instrument provides for the
appointment to become effective upon a later specified date or
event. A short-term guardian appointed by the guardian shall
have authority to act as guardian of the person with a
disability for a cumulative total of 60 days during any
12-month 12 month period. Only one written instrument
appointing a short-term guardian may be in force at any given
time.
(c) Every appointment of a short-term guardian may be
amended or revoked by the appointing guardian at any time and
in any manner communicated to the short-term guardian or to
any other person. Any person other than the short-term
guardian to whom a revocation or amendment is communicated or

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delivered shall make all reasonable efforts to inform the
short-term guardian of that fact as promptly as possible.
(d) The appointment of a short-term guardian or successor
short-term guardian does not affect the rights in the person
with a disability of any guardian other than the appointing
guardian.
(e) The written instrument appointing a short-term
guardian may, but need not, be in the following form:
APPOINTMENT OF SHORT-TERM GUARDIAN
[IT IS IMPORTANT TO READ THE FOLLOWING INSTRUCTIONS:
By properly completing this form, a guardian is
appointing a short-term guardian of the person with a
disability for a cumulative total of up to 60 days during
any 12-month 12 month period. A separate form shall be
completed each time a short-term guardian takes over
guardianship duties. The person or persons appointed as
the short-term guardian shall sign the form, but need not
do so at the same time as the guardian.]
1. Guardian and Ward. I, (insert name of appointing
guardian), currently residing at (insert address of
appointing guardian), am the guardian of the following
person with a disability: (insert name of ward).
2. Short-term Guardian. I hereby appoint the following
person as the short-term guardian for my ward: (insert
name and address of appointed person).

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3. Effective date. This appointment becomes effective:
(check one if you wish it to be applicable)
( ) On the date that I state in writing that I am no
longer either willing or able to make and carry out
day-to-day care decisions concerning my ward.
( ) On the date that a physician familiar with my
condition certifies in writing that I am no longer willing
or able to make and carry out day-to-day care decisions
concerning my ward.
( ) On the date that I am admitted as an in-patient to
a hospital or other health care institution.
( ) On the following date: (insert date).
( ) Other: (insert other).
[NOTE: If this item is not completed, the appointment
is effective immediately upon the date the form is signed
and dated below.]
4. Termination. This appointment shall terminate on:
(enter a date corresponding to 60 days from the current
date, less the number of days within the past 12 months
that any short-term guardian has taken over guardianship
duties), unless it terminates sooner as determined by the
event or date I have indicated below: (check one if you
wish it to be applicable)
( ) On the date that I state in writing that I am
willing and able to make and carry out day-to-day care
decisions concerning my ward.

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( ) On the date that a physician familiar with my
condition certifies in writing that I am willing and able
to make and carry out day-to-day care decisions concerning
my ward.
( ) On the date that I am discharged from the hospital
or other health care institution where I was admitted as
an in-patient, which established the effective date.
( ) On the date which is (state a number of days) days
after the effective date.
( ) Other: (insert other).
[NOTE: If this item is not completed, the appointment
will be effective until the 60th day within the past year
during which time any short-term guardian of this ward had
taken over guardianship duties from the guardian,
beginning on the effective date.]
5. Date and signature of appointing guardian. This
appointment is made this (insert day) day of (insert month
and year).
Signed: (appointing guardian)
6. Witnesses. I saw the guardian sign this instrument
or I saw the guardian direct someone to sign this
instrument for the guardian. Then I signed this instrument
as a witness in the presence of the guardian. I am not
appointed in this instrument to act as the short-term
guardian for the guardian's ward. (insert space for names,
addresses, and signatures of 2 witnesses)

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7. Acceptance of short-term guardian. I accept this
appointment as short-term guardian on this (insert day)
day of (insert month and year).
Signed: (short-term guardian)
[END OF FORM].
(f) Each time the guardian appoints a short-term guardian,
the guardian shall: (i) provide the person with a disability
with the name, address, and telephone number of the short-term
guardian; (ii) advise the person with a disability that he has
the right to object to the appointment of the short-term
guardian by filing a petition in court; and (iii) notify the
person with a disability when the short-term guardian will be
taking over guardianship duties and the length of time that
the short-term guardian will be acting as guardian.
(Source: P.A. 99-143, eff. 7-27-15.)
(755 ILCS 5/11a-4) (from Ch. 110 1/2, par. 11a-4)
Sec. 11a-4. Temporary guardian.
(a) Prior to the appointment of a guardian under this
Article, 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, or upon a guardian's
death, incapacity, or resignation, the court may appoint a
temporary guardian upon a showing of the necessity therefor
for the immediate welfare and protection of the alleged person
with a disability or his or her estate on such notice and

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subject to such conditions as the court may prescribe. In
determining the necessity for temporary guardianship, the
immediate welfare and protection of the alleged person with a
disability 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 person with a disability. The temporary
guardian shall have the limited 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 or any extension thereof.
(b) The temporary guardianship shall expire within 60 days
after the appointment or whenever a guardian is regularly
appointed, whichever occurs first. No extension shall be
granted except:
(1) In a case where there has been an adjudication of
disability, an extension shall be granted:
(i) pending the disposition on appeal of an
adjudication of disability;
(ii) pending the completion of a citation
proceeding brought pursuant to Section 23-3;
(iii) pending the appointment of a successor
guardian in a case where the former guardian has
resigned, has become incapacitated, or is deceased; or
(iv) where the guardian's powers have been

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suspended pursuant to a court order.
(2) In a case where there has not been an adjudication
of disability, an extension shall be granted pending the
disposition of a petition brought pursuant to Section
11a-8 so long as the court finds it is in the best
interests interest of the alleged person with a disability
to extend the temporary guardianship so as to protect the
alleged person with a disability from any potential abuse,
neglect, self-neglect, exploitation, or other harm and
such extension lasts no more than 120 days from the date
the temporary guardian was originally appointed.
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. 99-70, eff. 1-1-16; 99-143, eff. 7-27-15;
99-642, eff. 7-28-16.)
(755 ILCS 5/11a-5) (from Ch. 110 1/2, par. 11a-5)
Sec. 11a-5. Who may act as guardian.
(a) A person is qualified to act as guardian of the person
and as guardian of the estate of a person with a disability if
the court finds that the proposed guardian is capable of
providing an active and suitable program of guardianship for
the person with a disability and that the proposed guardian:
(1) has attained the age of 18 years;
(2) is a resident of the United States;

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(3) is not of unsound mind;
(4) is not an adjudged person with a disability as
defined in this Act; and
(5) has not been convicted of a felony, unless the
court finds appointment of the person convicted of a
felony to be in the best interests of the person with a
disability, and as part of the best interests interest
determination, the court has considered the nature of the
offense, the date of offense, and the evidence of the
proposed guardian's rehabilitation. No person shall be
appointed who has been convicted of a felony involving
harm or threat to a minor or an elderly person or a person
with a disability, including a felony sexual offense.
(b) Any public agency, or not-for-profit corporation found
capable by the court of providing an active and suitable
program of guardianship for the person with a disability,
taking into consideration the nature of such person's
disability and the nature of such organization's services, may
be appointed guardian of the person or of the estate, or both,
of the person with a disability. The court shall not appoint as
guardian an agency or employee of an agency that is directly
providing residential services to the ward. One person or
agency may be appointed guardian of the person and another
person or agency appointed guardian of the estate.
(b-5)(1) The court may appoint separate individuals or
entities to act as the guardian of the person and the guardian

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of the estate of a person with a disability if the court finds
it is in the best interests of the person with a disability
that separate guardians be appointed. The court shall not
appoint a separate person or entity to act as guardian of the
person or guardian of the estate with a public guardian or the
Office of State Guardian unless the public guardian or the
Office of State Guardian agrees to such an appointment.
(2) The court may appoint co-guardians to act as guardian
of the person, guardian of the estate, or both the guardian of
the person and the guardian of the estate if the court finds it
is in the best interests of the person with a disability. When
considering appointing co-guardians, the court shall consider
the proposed co-guardians' history of cooperating and working
together on behalf of the person with a disability. The court
shall appoint only co-guardians who agree to serve together.
The court shall not appoint a public guardian or the Office of
State Guardian as a co-guardian for a person with a
disability.
(c) Any corporation qualified to accept and execute trusts
in this State may be appointed guardian of the estate of a
person with a disability.
(Source: P.A. 99-143, eff. 7-27-15; 100-756, eff. 1-1-19.)
(755 ILCS 5/11a-8) (from Ch. 110 1/2, par. 11a-8)
Sec. 11a-8. Petition. The petition for adjudication of
disability and for the appointment of a guardian of the estate

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or the person or both of an alleged person with a disability
must state, if known or reasonably ascertainable: (a) the
relationship and interest of the petitioner to the respondent;
(b) the name, date of birth, and place of residence of the
respondent; (c) the reasons for the guardianship; (d) the name
and post office address of the respondent's guardian, if any,
or of the respondent's agent or agents appointed under the
Illinois Power of Attorney Act, if any; (e) the name and post
office addresses of the nearest relatives of the respondent in
the following order: (1) the spouse and adult children,
parents and adult brothers and sisters, if any; if none, (2)
nearest adult kindred known to the petitioner; (f) the name
and address of the person with whom or the facility in which
the respondent is residing; (g) the approximate value of the
personal and real estate; (h) the amount of the anticipated
annual gross income and other receipts; (i) the name, post
office address and in case of an individual, the age,
relationship to the respondent and occupation of the proposed
guardian. In addition, if the petition seeks the appointment
of a previously appointed standby guardian as guardian of the
person with a disability, the petition must also state: (j)
the facts concerning the standby guardian's previous
appointment and (k) the date of death of the guardian of the
person with a disability or the facts concerning the consent
of the guardian of the person with a disability to the
appointment of the standby guardian as guardian, or the

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willingness and ability of the guardian of the person with a
disability to make and carry out day-to-day care decisions
concerning the person with a disability. A petition for
adjudication of disability and the appointment of a guardian
of the estate or the person or both of an alleged person with a
disability may not be dismissed or withdrawn without leave of
the court. A petitioner who seeks to revoke a power of attorney
for the alleged person with a disability must do so in
conformity with the Illinois Power of Attorney Act.
(Source: P.A. 99-143, eff. 7-27-15.)
(755 ILCS 5/11a-10) (from Ch. 110 1/2, par. 11a-10)
Sec. 11a-10. Procedures preliminary to hearing.
(a) Upon the filing of a petition pursuant to Section
11a-8, the court shall set a date and place for hearing to take
place within 30 days. The court shall appoint a guardian ad
litem to report to the court concerning the respondent's best
interests consistent with the provisions of this Section,
except that the appointment of a guardian ad litem shall not be
required when the court determines that such appointment is
not necessary for the protection of the respondent or a
reasonably informed decision on the petition. If the guardian
ad litem is not a licensed attorney, he or she shall be
qualified, by training or experience, to work with or advocate
for persons with developmental disabilities, the mentally ill,
persons with physical disabilities, the elderly, or persons

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with a disability due to mental deterioration, depending on
the type of disability that is alleged in the petition. The
court may allow the guardian ad litem reasonable compensation.
The guardian ad litem may consult with a person who by training
or experience is qualified to work with persons with a
developmental disability, persons with mental illness, persons
with physical disabilities, or persons with a disability due
to mental deterioration, depending on the type of disability
that is alleged. The guardian ad litem shall personally
observe the respondent prior to the hearing and shall inform
him orally and in writing of the contents of the petition and
of his rights, including providing a copy of the notice of
rights required under subsection (e) under Section 11a-11. The
guardian ad litem shall also attempt to elicit the
respondent's position concerning the adjudication of
disability, the proposed guardian, a proposed change in
residential placement, changes in care that might result from
the guardianship, and other areas of inquiry deemed
appropriate by the court. Notwithstanding any provision in the
Mental Health and Developmental Disabilities Confidentiality
Act or any other law, a guardian ad litem shall have the right
to inspect and copy any medical or mental health record of the
respondent which the guardian ad litem deems necessary,
provided that the information so disclosed shall not be
utilized for any other purpose nor be redisclosed except in
connection with the proceedings. At or before the hearing, the

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guardian ad litem shall file a written report detailing his or
her observations of the respondent, the responses of the
respondent to any of the inquiries detailed in this Section,
the opinion of the guardian ad litem or other professionals
with whom the guardian ad litem consulted concerning the
appropriateness of guardianship, and any other material issue
discovered by the guardian ad litem. The guardian ad litem
shall appear at the hearing and testify as to any issues
presented in his or her report.
(b) The court (1) may appoint counsel for the respondent,
if the court finds that the interests of the respondent will be
best served by the appointment, and (2) shall appoint counsel
upon respondent's request or if the respondent takes a
position adverse to that of the guardian ad litem. The
respondent shall be permitted to obtain the appointment of
counsel either at the hearing or by any written or oral request
communicated to the court prior to the hearing. The summons
shall inform the respondent of this right to obtain appointed
counsel. The court may allow counsel for the respondent
reasonable compensation.
(c) If the respondent is unable to pay the fee of the
guardian ad litem or appointed counsel, or both, the court may
enter an order for the petitioner to pay all such fees or such
amounts as the respondent or the respondent's estate may be
unable to pay. However, in cases where the Office of State
Guardian is the petitioner, consistent with Section 30 of the

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Guardianship and Advocacy Act, where the public guardian is
the petitioner, consistent with Section 13-5 of this Act,
where an adult protective services agency is the petitioner,
pursuant to Section 9 of the Adult Protective Services Act, or
where the Department of Children and Family Services is the
petitioner under subparagraph (d) of subsection (1) of Section
2-27 of the Juvenile Court Act of 1987, no guardian ad litem or
legal fees shall be assessed against the Office of State
Guardian, the public guardian, the adult protective services
agency, or the Department of Children and Family Services.
(d) The hearing may be held at such convenient place as the
court directs, including at a facility in which the respondent
resides.
(e) Unless he is the petitioner, the respondent shall be
personally served with a copy of the petition and a summons not
less than 14 days before the hearing. The summons shall be
printed in large, bold type and shall include the following
notice:
NOTICE OF RIGHTS OF RESPONDENT
You have been named as a respondent in a guardianship
petition asking that you be declared a person with a
disability. If the court grants the petition, a guardian will
be appointed for you. A copy of the guardianship petition is
attached for your convenience.
The date and time of the hearing are:
The place where the hearing will occur is:

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The Judge's name and phone number is:
If a guardian is appointed for you, the guardian may be
given the right to make all important personal decisions for
you, such as where you may live, what medical treatment you may
receive, what places you may visit, and who may visit you. A
guardian may also be given the right to control and manage your
money and other property, including your home, if you own one.
You may lose the right to make these decisions for yourself.
You have the following legal rights:
(1) You have the right to be present at the court
hearing.
(2) You have the right to be represented by a lawyer,
either one that you retain, or one appointed by the Judge.
(3) You have the right to ask for a jury of six persons
to hear your case.
(4) You have the right to present evidence to the
court and to confront and cross-examine witnesses.
(5) You have the right to ask the Judge to appoint an
independent expert to examine you and give an opinion
about your need for a guardian.
(6) You have the right to ask that the court hearing be
closed to the public.
(7) You have the right to tell the court whom you
prefer to have for your guardian.
You do not have to attend the court hearing if you do not
want to be there. If you do not attend, the Judge may appoint a

SB0080 - 22 - LRB102 04047 LNS 14063 b
guardian if the Judge finds that a guardian would be of benefit
to you. The hearing will not be postponed or canceled if you do
not attend. If you are unable to attend the hearing in person
or you will suffer harm if you attend, the Judge can decide to
hold the hearing at a place that is convenient. The Judge can
also follow the rule of the Supreme Court of this State, or its
local equivalent, and decide if a video conference is
appropriate.
IT IS VERY IMPORTANT THAT YOU ATTEND THE HEARING IF YOU DO
NOT WANT A GUARDIAN OR IF YOU WANT SOMEONE OTHER THAN THE
PERSON NAMED IN THE GUARDIANSHIP PETITION TO BE YOUR GUARDIAN.
IF YOU DO NOT WANT A GUARDIAN OR IF YOU HAVE ANY OTHER
PROBLEMS, YOU SHOULD CONTACT AN ATTORNEY OR COME TO COURT AND
TELL THE JUDGE.
Service of summons and the petition may be made by a
private person 18 years of age or over who is not a party to
the action.
[END OF FORM]
(f) Notice of the time and place of the hearing shall be
given by the petitioner by mail or in person to those persons,
including the proposed guardian, whose names and addresses
appear in the petition and who do not waive notice, not less
than 14 days before the hearing.
(Source: P.A. 99-143, eff. 7-27-15; 99-642, eff. 7-28-16;
100-201, eff. 8-18-17; 100-427, eff. 1-1-18.)

SB0080 - 23 - LRB102 04047 LNS 14063 b
(755 ILCS 5/11a-10.1) (from Ch. 110 1/2, par. 11a-10.1)
Sec. 11a-10.1. Domestic Violence: Order of Protection. An
order of protection, as defined in the Illinois Domestic
Violence Act of 1986, as amended, may be issued in conjunction
with a proceeding for adjudication of disability and
appointment of guardian if the petition for an order of
protection alleges that a person who is party to or the subject
of the proceeding has been abused by or has abused a family or
household member or has been neglected or exploited as defined
in the Illinois Domestic Violence Act of 1986, as amended.
If the subject of the order of protection is a high-risk
adult with disabilities for whom a guardian has been
appointed, the court may appoint a temporary substitute
guardian under the provisions of this Act. The court shall
appoint a temporary substitute guardian if the appointed
guardian is named as a respondent in a petition for an order of
protection under the Illinois Domestic Violence Act of 1986,
as amended. The Illinois Domestic Violence Act of 1986 shall
govern the issuance, enforcement and recording of orders of
protection issued under this Section.
(Source: P.A. 86-542.)
(755 ILCS 5/11a-12) (from Ch. 110 1/2, par. 11a-12)
Sec. 11a-12. Order of appointment.)
(a) If basis for the appointment of a guardian as
specified in Section 11a-3 is not found, the court shall

SB0080 - 24 - LRB102 04047 LNS 14063 b
dismiss the petition.
(b) If the respondent is adjudged to be a person with a
disability and to lack some but not all of the capacity as
specified in Section 11a-3, and if the court finds that
guardianship is necessary for the protection of the person
with a disability, his or her estate, or both, the court shall
appoint a limited guardian for the respondent's person or
estate or both. The court shall enter a written order stating
the factual basis for its findings and specifying the duties
and powers of the guardian and the legal disabilities to which
the respondent is subject.
(c) If the respondent is adjudged to be a person with a
disability and to be totally without capacity as specified in
Section 11a-3, and if the court finds that limited
guardianship will not provide sufficient protection for the
person with a disability, his or her estate, or both, the court
shall appoint a plenary guardian for the respondent's person
or estate or both. The court shall enter a written order
stating the factual basis for its findings.
(d) The selection of the guardian shall be in the
discretion of the court, which shall give due consideration to
the preference of the person with a disability as to a
guardian, as well as the qualifications of the proposed
guardian, in making its appointment. However, the paramount
concern in the selection of the guardian is the best interests
interest and well-being of the person with a disability.

SB0080 - 25 - LRB102 04047 LNS 14063 b
(e) The order of appointment of a guardian of the person in
any county with a population of less than 3 million shall
include the requirement that the guardian of the person
complete the training program as provided in Section 33.5 of
the Guardianship and Advocacy Act that outlines the
responsibilities of the guardian of the person and the rights
of the person under guardianship and file with the court a
certificate of completion one year from the date of issuance
of the letters of guardianship, except that: (1) the chief
judge of any circuit may order implementation of another
training program by a suitable provider containing
substantially similar content; (2) employees of the Office of
the State Guardian, public guardians, attorneys currently
authorized to practice law, corporate fiduciaries, and persons
certified by the Center for Guardianship Certification are
exempt from this training requirement; and (3) the court may,
for good cause shown, exempt from this requirement an
individual not otherwise listed in item (2). For the purposes
of this subsection (e), good cause may be proven by affidavit.
If the court finds good cause to exempt an individual from the
training requirement, the order of appointment shall so state.
(Source: P.A. 99-143, eff. 7-27-15; 100-483, eff. 9-8-18.)
(755 ILCS 5/11a-13.5 new)
Sec. 11a-13.5. Guardian fees. A guardian is entitled to
reasonable and appropriate compensation for services related

SB0080 - 26 - LRB102 04047 LNS 14063 b
to guardianship duties, but all fees must be reviewed and
approved by the court pursuant to a fee petition. In
considering the reasonableness of any fee petition brought by
a guardian under this Section, the court shall consider the
following:
(1) the powers and duties assigned to the guardian by
the court;
(2) the necessity of any services provided;
(3) the time required, the degree of difficulty, and
the experience needed to complete the task;
(4) the needs of the ward and the costs of
alternatives; and
(5) other facts and circumstances material to the best
interests of the ward or his or her estate.
Fees awarded under this Section shall be considered as a
first-class claim for administrative expenses and paid from
the guardianship estate or from the decedent's estate as set
forth in Section 18-10.
(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

SB0080 - 27 - LRB102 04047 LNS 14063 b
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-3) If a guardian of an estate has not been appointed,
the guardian of the person may, without an order of court,

SB0080 - 28 - LRB102 04047 LNS 14063 b
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
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

SB0080 - 29 - LRB102 04047 LNS 14063 b
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.

SB0080 - 30 - LRB102 04047 LNS 14063 b
(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

SB0080 - 31 - LRB102 04047 LNS 14063 b
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 interests interest of the person
with a disability, the court may terminate or limit the

SB0080 - 32 - LRB102 04047 LNS 14063 b
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 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 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,
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

SB0080 - 33 - LRB102 04047 LNS 14063 b
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.)
(755 ILCS 5/11a-17.1)
Sec. 11a-17.1. Sterilization of ward.
(a) A guardian of the person shall not consent to the
sterilization of the ward without first obtaining an order
from the court granting the guardian the authority to provide
consent. For purposes of this Article XIa, "sterilization"
means any procedure that has as its purpose rendering the ward
permanently incapable of reproduction; provided, however, that
an order from the court is not required for a procedure that is
medically necessary to preserve the life of the ward or to
prevent serious impairment to the health of the ward and which
may result in sterilization.
(b) A guardian seeking authority to consent to the
sterilization of the ward shall seek such authority by filing
a verified motion. The verified motion shall allege facts
which demonstrate that the proposed sterilization is warranted
under subsection (f), (g) or (h) of this Section. The guardian
ad litem will notify the ward of the motion in the manner set
forth in subsection (c) of this Section.
(c) Upon the filing of a verified motion for authority to
consent to sterilization, the court shall appoint a guardian
ad litem to report to the court consistent with the provisions

SB0080 - 34 - LRB102 04047 LNS 14063 b
of this Section. If the guardian ad litem is not a licensed
attorney, he or she shall be qualified, by training or
experience, to work with or advocate for persons with a
developmental disability, mental illness, physical disability,
or disability because of mental deterioration, depending on
the type of disability of the ward that is alleged in the
motion. The court may allow the guardian ad litem reasonable
compensation. The guardian ad litem may consult with a person
who by training or experience is qualified to work with
persons with a developmental disability, mental illness,
physical disability, or disability because of mental
deterioration, depending on the type of disability of the ward
that is alleged. The guardian ad litem may also consult with
health care providers knowledgeable about reproductive health
matters including sterilization, other forms of contraception,
and childbirth. Outside the presence of the guardian, the
guardian ad litem shall personally observe the ward prior to
the hearing and shall inform the ward orally and in writing of
the contents of the verified motion for authority to consent
to sterilization. Outside the presence of the guardian, the
guardian ad litem shall also attempt to elicit the ward's
position concerning the motion, and any other areas of inquiry
deemed appropriate by the court. At or before the hearing, the
guardian ad litem shall file a written report detailing his or
her observations of the ward; the responses of the ward to any
of the inquiries detailed in this Section; the opinion of the

SB0080 - 35 - LRB102 04047 LNS 14063 b
guardian ad litem and any other professionals with whom the
guardian ad litem consulted concerning the ward's
understanding of and desire for or objection to, as well as
what is in the ward's best interests interest relative to,
sterilization, other forms of contraception, and childbirth;
and any other material issue discovered by the guardian ad
litem. The guardian ad litem shall appear at the hearing and
testify, and may present witnesses, as to any issues presented
in his or her report.
(d) The court (1) may appoint counsel for the ward if the
court finds that the interests of the ward will be best served
by the appointment, and (2) shall appoint counsel upon the
ward's request, if the ward is objecting to the proposed
sterilization, or if the ward takes a position adverse to that
of the guardian ad litem. The ward shall be permitted to obtain
the appointment of counsel either at the hearing or by any
written or oral request communicated to the court prior to the
hearing. The court shall inform the ward of this right to
obtain appointed counsel. The court may allow counsel for the
ward reasonable compensation.
(e) The court shall order a medical and psychological
evaluation of the ward. The evaluation shall address the
ward's decision-making decision making capacity with respect
to the proposed sterilization, the existence of any less
permanent alternatives, and any other material issue.
(f) The court shall determine, as a threshold inquiry,

SB0080 - 36 - LRB102 04047 LNS 14063 b
whether the ward has capacity to consent or withhold consent
to the proposed sterilization and, if the ward lacks such
capacity, whether the ward is likely to regain such capacity.
The ward shall not be deemed to lack such capacity solely on
the basis of the adjudication of disability and appointment of
a guardian. In determining capacity, the court shall consider
whether the ward is able, after being provided appropriate
information, to understand the relationship between sexual
activity and reproduction; the consequences of reproduction;
and the nature and consequences of the proposed sterilization
procedure. If the court finds that (1) the ward has capacity to
consent or withhold consent to the proposed sterilization, and
(2) the ward objects or consents to the procedure, the court
shall enter an order consistent with the ward's objection or
consent and the proceedings on the verified motion shall be
terminated.
(g) If the court finds that the ward does not have capacity
to consent or withhold consent to the proposed sterilization
and is unlikely to regain such capacity, the court shall
determine whether the ward is expressing a clear desire for
the proposed sterilization. If the ward is expressing a clear
desire for the proposed sterilization, the court's decision
regarding the proposed sterilization shall be made in
accordance with the standards set forth in subsection (e) of
Section 11a-17 of this Act.
(h) If the court finds that the ward does not have capacity

SB0080 - 37 - LRB102 04047 LNS 14063 b
to consent or withhold consent to the proposed sterilization
and is unlikely to regain such capacity, and that the ward is
not expressing a clear desire for the proposed sterilization,
the court shall consider the standards set forth in subsection
(e) of Section 11a-17 of this Act and enter written findings of
fact and conclusions of law addressing those standards. In
addition, the court shall not authorize the guardian to
consent to the proposed sterilization unless the court finds,
by clear and convincing evidence and based on written findings
of fact and conclusions of law, that all of the following
factors are present:
(1) The ward lacks decisional capacity regarding the
proposed sterilization.
(2) The ward is fertile and capable of procreation.
(3) The benefits to the ward of the proposed
sterilization outweigh the harm.
(4) The court has considered less intrusive
alternatives and found them to be inadequate in this case.
(5) The proposed sterilization is in the best
interests interest of the ward. In considering the ward's
best interests interest, the court shall consider the
following factors:
(A) The possibility that the ward will experience
trauma or psychological damage if he or she has a child
and, conversely, the possibility of trauma or
psychological damage from the proposed sterilization.

SB0080 - 38 - LRB102 04047 LNS 14063 b
(B) The ward is or is likely to become sexually
active.
(C) The inability of the ward to understand
reproduction or contraception and the likely
permanence of that inability.
(D) Any other factors that assist the court in
determining the best interests interest of the ward
relative to the proposed sterilization.
(Source: P.A. 96-272, eff. 1-1-10.)
(755 ILCS 5/11a-18) (from Ch. 110 1/2, par. 11a-18)
Sec. 11a-18. Duties of the estate guardian.
(a) To the extent specified in the order establishing the
guardianship, the guardian of the estate shall have the care,
management and investment of the estate, shall manage the
estate frugally and shall apply the income and principal of
the estate so far as necessary for the comfort and suitable
support and education of the ward, his minor and adult
dependent children, and persons related by blood or marriage
who are dependent upon or entitled to support from him, or for
any other purpose which the court deems to be for the best
interests of the ward, and the court may approve the making on
behalf of the ward of such agreements as the court determines
to be for the ward's best interests. The guardian may make
disbursement of his ward's funds and estate directly to the
ward or other distributee or in such other manner and in such

SB0080 - 39 - LRB102 04047 LNS 14063 b
amounts as the court directs. If the estate of a ward is
derived in whole or in part from payments of compensation,
adjusted compensation, pension, insurance or other similar
benefits made directly to the estate by the Veterans
Administration, notice of the application for leave to invest
or expend the ward's funds or estate, together with a copy of
the petition and proposed order, shall be given to the
Veterans' Administration Regional Office in this State at
least 7 days before the hearing on the application.
(a-5) The probate court, upon petition of a guardian,
other than the guardian of a minor, and after notice to all
other persons interested as the court directs, may authorize
the guardian to exercise any or all powers over the estate and
business affairs of the ward that the ward could exercise if
present and not under disability. The court may authorize the
taking of an action or the application of funds not required
for the ward's current and future maintenance and support in
any manner approved by the court as being in keeping with the
ward's wishes so far as they can be ascertained. The court must
consider the permanence of the ward's disabling condition and
the natural objects of the ward's bounty. In ascertaining and
carrying out the ward's wishes the court may consider, but
shall not be limited to, minimization of State or federal
income, estate, or inheritance taxes; and providing gifts to
charities, relatives, and friends that would be likely
recipients of donations from the ward. The ward's wishes as

SB0080 - 40 - LRB102 04047 LNS 14063 b
best they can be ascertained shall be carried out, whether or
not tax savings are involved. Actions or applications of funds
may include, but shall not be limited to, the following:
(1) making gifts of income or principal, or both, of
the estate, either outright or in trust;
(2) conveying, releasing, or disclaiming his or her
contingent and expectant interests in property, including
marital property rights and any right of survivorship
incident to joint tenancy or tenancy by the entirety;
(3) releasing or disclaiming his or her powers as
trustee, personal representative, custodian for minors, or
guardian;
(4) exercising, releasing, or disclaiming his or her
powers as donee of a power of appointment;
(5) entering into contracts;
(6) creating for the benefit of the ward or others,
revocable or irrevocable trusts of his or her property
that may extend beyond his or her disability or life;
(7) exercising options of the ward to purchase or
exchange securities or other property;
(8) exercising the rights of the ward to elect benefit
or payment options, to terminate, to change beneficiaries
or ownership, to assign rights, to borrow, or to receive
cash value in return for a surrender of rights under any
one or more of the following:
(i) life insurance policies, plans, or benefits,

SB0080 - 41 - LRB102 04047 LNS 14063 b
(ii) annuity policies, plans, or benefits,
(iii) mutual fund and other dividend investment
plans,
(iv) retirement, profit sharing, and employee
welfare plans and benefits;
(9) exercising his or her right to claim or disclaim
an elective share in the estate of his or her deceased
spouse and to renounce any interest by testate or
intestate succession or by inter vivos transfer;
(10) changing the ward's residence or domicile; or
(11) modifying by means of codicil or trust amendment
the terms of the ward's will or any revocable trust
created by the ward, as the court may consider advisable
in light of changes in applicable tax laws.
The guardian in his or her petition shall briefly outline
the action or application of funds for which he or she seeks
approval, the results expected to be accomplished thereby, and
the tax savings, if any, expected to accrue. The proposed
action or application of funds may include gifts of the ward's
personal property or real estate, but transfers of real estate
shall be subject to the requirements of Section 20 of this Act.
Gifts may be for the benefit of prospective legatees,
devisees, or heirs apparent of the ward or may be made to
individuals or charities in which the ward is believed to have
an interest. The guardian shall also indicate in the petition
that any planned disposition is consistent with the intentions

SB0080 - 42 - LRB102 04047 LNS 14063 b
of the ward insofar as they can be ascertained, and if the
ward's intentions cannot be ascertained, the ward will be
presumed to favor reduction in the incidents of various forms
of taxation and the partial distribution of his or her estate
as provided in this subsection. The guardian shall not,
however, be required to include as a beneficiary or fiduciary
any person who he has reason to believe would be excluded by
the ward. A guardian shall be required to investigate and
pursue a ward's eligibility for governmental benefits.
(a-6) The guardian 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.
(b) Upon the direction of the court which issued his
letters, a guardian may perform the contracts of his ward
which were legally subsisting at the time of the commencement
of the ward's disability. The court may authorize the guardian
to execute and deliver any bill of sale, deed or other
instrument.
(c) The guardian of the estate of a ward shall appear for
and represent the ward in all legal proceedings unless another
person is appointed for that purpose as guardian or next
friend. This does not impair the power of any court to appoint
a guardian ad litem or next friend to defend the interests of
the ward in that court, or to appoint or allow any person as
the next friend of a ward to commence, prosecute or defend any

SB0080 - 43 - LRB102 04047 LNS 14063 b
proceeding in his behalf. Without impairing the power of the
court in any respect, if the guardian of the estate of a ward
and another person as next friend shall appear for and
represent the ward in a legal proceeding in which the
compensation of the attorney or attorneys representing the
guardian and next friend is solely determined under a
contingent fee arrangement, the guardian of the estate of the
ward shall not participate in or have any duty to review the
prosecution of the action, to participate in or review the
appropriateness of any settlement of the action, or to
participate in or review any determination of the
appropriateness of any fees awarded to the attorney or
attorneys employed in the prosecution of the action.
(d) Adjudication of disability shall not revoke or
otherwise terminate a trust which is revocable by the ward. A
guardian of the estate shall have no authority to revoke a
trust that is revocable by the ward, except that the court may
authorize a guardian to revoke a Totten trust or similar
deposit or withdrawable capital account in trust to the extent
necessary to provide funds for the purposes specified in
paragraph (a) of this Section. If the trustee of any trust for
the benefit of the ward has discretionary power to apply
income or principal for the ward's benefit, the trustee shall
not be required to distribute any of the income or principal to
the guardian of the ward's estate, but the guardian may bring
an action on behalf of the ward to compel the trustee to

SB0080 - 44 - LRB102 04047 LNS 14063 b
exercise the trustee's discretion or to seek relief from an
abuse of discretion. This paragraph shall not limit the right
of a guardian of the estate to receive accountings from the
trustee on behalf of the ward.
(d-5) Upon a verified petition by the plenary or limited
guardian of the estate or the request of the ward that is
accompanied by a current physician's report that states the
ward possesses testamentary capacity, the court may enter an
order authorizing the ward to execute a will or codicil. In so
ordering, the court shall authorize the guardian to retain
independent counsel for the ward with whom the ward may
execute or modify a will or codicil.
(e) 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 will have no power, duty or liability with respect to
any property subject to the agency. This subsection (e)
applies to all agencies, whenever and wherever executed.
(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 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 interests interest of the person with a disability.

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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.
(Source: P.A. 101-329, eff. 8-9-19.)
(755 ILCS 5/11a-18.3)
Sec. 11a-18.3. Duties of short-term guardian of a person
with a disability.
(a) Immediately upon the effective date of the appointment
of a short-term guardian, the short-term guardian shall assume
all duties as short-term guardian of the person with a
disability as provided in this Section. The short-term
guardian of the person shall have authority to act as
short-term guardian, without direction of the court, for the
duration of the appointment, which in no case shall exceed a
cumulative total of 60 days in any 12-month 12 month period for
all short-term guardians appointed by the guardian. The
authority of the short-term guardian may be limited or
terminated by a court of competent jurisdiction.
(b) Unless further specifically limited by the instrument
appointing the short-term guardian, a short-term guardian
shall have the authority to act as a guardian of the person of
a person with a disability as prescribed in Section 11a-17,
but shall not have any authority to act as guardian of the
estate of a person with a disability, except that a short-term

SB0080 - 46 - LRB102 04047 LNS 14063 b
guardian shall have the authority to apply for and receive on
behalf of the person with a disability benefits to which the
person with a disability may be entitled from or under
federal, State, or local organizations or programs.
(Source: P.A. 99-143, eff. 7-27-15.)
(755 ILCS 5/11a-19) (from Ch. 110 1/2, par. 11a-19)
Sec. 11a-19. Notice of right to seek modification. At the
time of the appointment of a guardian the court shall inform
the ward of his right under Section 11a-20 to petition for
termination of adjudication of disability, revocation of the
letters of guardianship of the estate or person, or both, or
modification of the duties of the guardian and shall give the
ward a written statement explaining this right and the
procedures for petitioning the court. The notice shall be in
large, bold type and shall be in a format substantially
similar to the following: notice of rights required under
subsection (e) of Section 11a-10 of this Act.
IN THE CIRCUIT COURT OF THE ... JUDICIAL CIRCUIT OF ILLINOIS
... COUNTY
IN RE THE ESTATE OF )
)
....................., ) CASE NO. ....
a Person with a Disability, )
NOTICE TO WARD OF RIGHT TO SEEK MODIFICATION

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[Insert name] was appointed your Guardian of the Person on
[insert date].
[Insert name] was appointed your Guardian of the Estate on
[insert date].
You have the right to ask the court to dismiss this
guardianship, to revoke the power of this guardian to act for
you, or to modify the duties of any such guardian.
You, or someone on your behalf, can make this request,
even by an informal letter, a telephone call, or a visit to the
court. You should send your letter to the court at the
following address; [insert name of judge and mailing address
of courthouse].
The court may appoint a Guardian ad Litem to investigate
and report to the court. You have the right to have a lawyer
appointed for you, to have a hearing before the court, to have
a jury of six persons decide the facts, to present evidence and
tell your story, and to ask witnesses any questions in
cross-examination.
Entered this.....day of.............., 20....
.................
JUDGE
[..] At the time of the appointment of the Guardian in this
cause, the court informed the ward of his or her rights under
Section 11a-20 of the Illinois Probate Act and gave the ward,

SB0080 - 48 - LRB102 04047 LNS 14063 b
in open court, the above-written notice explaining these
rights and procedures.
or
[..] The Clerk of the Circuit Court shall mail a copy of the
above-written notice to the above-named person with a
disability at the residence address set forth in the petition
filed herein.
Copy Mailed:.................................................
.............................................................
Clerk of the Circuit Court
[END OF FORM].
(Source: P.A. 89-396, eff. 8-20-95.)
(755 ILCS 5/11a-20) (from Ch. 110 1/2, par. 11a-20)
Sec. 11a-20. Termination of adjudication of disability -
Revocation of letters - modification.)
(a) Except as provided in subsection (b-5), upon the
filing of a petition by or on behalf of a person with a
disability or on its own motion, the court may terminate the
adjudication of disability of the ward, revoke the letters of
guardianship of the estate or person, or both, or modify the

SB0080 - 49 - LRB102 04047 LNS 14063 b
duties of the guardian if the ward's capacity to perform the
tasks necessary for the care of his person or the management of
his estate has been demonstrated by clear and convincing
evidence. A report or testimony by a licensed physician is not
a prerequisite for termination, revocation or modification of
a guardianship order under this subsection (a).
(b) Except as provided in subsection (b-5), a request by
the ward or any other person on the ward's behalf, under this
Section may be communicated to the court or judge by any means,
including but not limited to informal letter, telephone call
or visit. Upon receipt of a request from the ward or another
person, the court may appoint a guardian ad litem to
investigate and report to the court concerning the allegations
made in conjunction with said request, and if the ward wishes
to terminate, revoke, or modify the guardianship order, to
prepare the ward's petition and to render such other services
as the court directs.
(b-5) Upon the filing of a verified petition by the
guardian of the person with a disability or the person with a
disability, the court may terminate the adjudication of
disability of the ward, revoke the letters of guardianship of
the estate or person, or both, or modify the duties of the
guardian if: (i) a report completed in accordance with
subsection (a) of Section 11a-9 states that the person with a
disability is no longer in need of guardianship or that the
type and scope of guardianship should be modified; (ii) the

SB0080 - 50 - LRB102 04047 LNS 14063 b
person with a disability no longer wishes to be under
guardianship or desires that the type and scope of
guardianship be modified; and (iii) the guardian of the person
with a disability states that it is in the best interests
interest of the person with a disability to terminate the
adjudication of disability of the ward, revoke the letters of
guardianship of the estate or person, or both, or modify the
duties of the guardian, and provides the basis thereof. In a
proceeding brought pursuant to this subsection (b-5), the
court may terminate the adjudication of disability of the
ward, revoke the letters of guardianship of the estate or
person, or both, or modify the duties of the guardian, unless
it has been demonstrated by clear and convincing evidence that
the ward is incapable of performing the tasks necessary for
the care of his or her person or the management of his or her
estate.
(c) Notice of the hearing on a petition under this
Section, together with a copy of the petition, shall be given
to the ward, unless he is the petitioner, and to each and every
guardian to whom letters of guardianship have been issued and
not revoked, not less than 14 days before the hearing.
(Source: P.A. 99-143, eff. 7-27-15.)
(755 ILCS 5/13-1) (from Ch. 110 1/2, par. 13-1)
Sec. 13-1. Appointment and term of public administrator
and public guardian.)

SB0080 - 51 - LRB102 04047 LNS 14063 b
(a) Except as provided in Section 13-1.1, before the first
Monday of December, 1977 and every 4 years thereafter, and as
often as vacancies occur, the Governor, by and with the advice
and consent of the Senate, shall appoint in each county a
suitable person to serve as public administrator and a
suitable person to serve as public guardian of the county. The
Governor may designate, without the advice and consent of the
Senate, the Office of State Guardian as an interim public
guardian to fill a vacancy in one or more counties having a
population of 500,000 or less if the designation:
(1) is specifically designated as an interim
appointment for a term of the lesser of one year or until
the Governor appoints, with the advice and consent of the
Senate, a county public guardian to fill the vacancy;
(2) requires the Office of State Guardian to affirm
its availability to act in the county; and
(3) expires in a pending case of a person with a
disability in the county at such a time as the court
appoints a qualified successor guardian of the estate and
person for the person with a disability.
When appointed as an interim public guardian, the State
Guardian will perform the powers and duties assigned under the
Guardianship and Advocacy Act.
The Governor may appoint the same person to serve as
public guardian and public administrator in one or more
counties. In considering the number of counties of service for

SB0080 - 52 - LRB102 04047 LNS 14063 b
any prospective public guardian or public administrator the
Governor may consider the population of the county and the
ability of the prospective public guardian or public
administrator to travel to multiple counties and manage
estates in multiple counties. Each person so appointed holds
his office for 4 years from the first Monday of December, 1977
and every 4 years thereafter or until his successor is
appointed and qualified.
(b) Within 14 days of notification to the current public
guardian of the appointment by the Governor of a new public
guardian pursuant to this Section, the outgoing public
guardian shall provide the incoming successor public guardian
with a list of current guardianships. Within 60 days of
receipt of the list of guardianships, the incoming public
guardian may petition the court for a transfer of a
guardianship to the incoming public guardian. The transfer of
a guardianship of the person, estate, or both shall be made if
it is in the best interests of the ward as determined by the
court on a case-by-case basis.
Factors for the court to consider include, but are not
limited to, the following:
(1) the ward's preference as to the transfer of the
guardianship;
(2) the recommendation of the guardian ad litem, the
ward's family members, and other interested parties;
(3) the length of time in which the outgoing public

SB0080 - 53 - LRB102 04047 LNS 14063 b
guardian has served as guardian for the ward;
(4) the ward's relationship with the outgoing public
guardian's office;
(5) the nature and extent of the ward's disabilities;
(6) the ward's current residential placement, his or
her current support network, and ongoing needs;
(7) the costs involved in the transfer of the ward's
estate;
(8) the status of pending legal matters or other
matters germane to the ward's care or the management of
the ward's estate;
(9) the obligation to post bond and the cost thereof;
(10) the guardians' status with regard to
certification by the Center for Guardianship
Certification; and
(11) other good causes.
If the court approves a transfer to the incoming public
guardian, the outgoing public guardian shall file a final
account of his or her activities on behalf of the ward within
30 days or within such other time that the court may allow. The
outgoing public guardian may file a petition for final fees
pursuant to subsection (b) of Section 13-3.1.
(Source: P.A. 100-483, eff. 9-8-18.)
(755 ILCS 5/18-10) (from Ch. 110 1/2, par. 18-10)
Sec. 18-10. Classification of claims against decedent's

SB0080 - 54 - LRB102 04047 LNS 14063 b
estate. All claims against the estate of a decedent are
divided into classes in the manner following:
1st: Funeral and burial expenses, expenses of
administration, fees awarded under Section 11a-13.5, 13-3,
13-3.1, or 27-1, and statutory custodial claims. For the
purposes of this paragraph, funeral and burial expenses paid
by any person, including a surviving spouse, are funeral and
burial expenses; and funeral and burial expenses include
reasonable amounts paid for a burial space, crypt or niche, a
marker on the burial space, care of the burial space, crypt or
niche, and interest on these amounts. Interest on these
amounts shall accrue beginning 60 days after issuance of
letters of office to the representative of the decedent's
estate, or if no such letters of office are issued, then
beginning 60 days after those amounts are due, up to the rate
of 9% per annum as allowed by contract or law.
2nd: The surviving spouse's or child's award.
3rd: Debts due the United States.
4th: Reasonable and necessary medical, hospital, and
nursing home expenses for the care of the decedent during the
year immediately preceding death; and money due employees of
the decedent of not more than $800 for each claimant for
services rendered within 4 months prior to the decedent's
death.
5th: Money and property received or held in trust by
decedent which cannot be identified or traced.

SB0080 - 55 - LRB102 04047 LNS 14063 b
6th: Debts due this State and any county, township, city,
town, village or school district located within this State.
7th: All other claims.
(Source: P.A. 100-1079, eff. 8-24-18.)
(755 ILCS 5/19-2) (from Ch. 110 1/2, par. 19-2)
Sec. 19-2. Lease, sale, mortgage or pledge of personal
estate of ward.) By leave of court a representative may lease,
sell, mortgage or pledge any personal estate of the ward, when
in the opinion of the court it is for the best interests
interest of the ward or his estate.
(Source: P.A. 79-328.)
(755 ILCS 5/25-4) (from Ch. 110 1/2, par. 25-4)
Sec. 25-4. Sale of small real estate interest of ward.) If
the interest of a ward in any parcel of real estate does not
exceed $2,500 in value and a private sale thereof can be made
for cash, the interest may be sold as provided in this Section
instead of as prescribed elsewhere in this Act. The
representative of the estate of the ward may file a petition
setting forth: (a) the description of the real estate, the
interest of the ward therein and the value of the interest
sought to be sold; (b) the name and post office address of the
ward; (c) a private sale of the ward's interest can be made for
cash; and (d) it is for the best interests interest of the ward
that his interest in the real estate be sold. Upon the filing

SB0080 - 56 - LRB102 04047 LNS 14063 b
of the petition the court shall set it for hearing not less
than 20 days thereafter. Not less than 15 days before the date
of hearing of the petition, the clerk of the court shall mail a
notice of the time and place of the hearing to the ward. No
guardian ad litem need be appointed for the ward unless the
court finds it necessary for the ward's protection. If on the
hearing the court finds that the ward's interest in the real
estate to be sold does not exceed $2,500 in value, a private
sale of the ward's interest can be made for cash and it is for
the best interests interest of the ward that the sale be made,
the court shall direct the petitioner to sell the ward's
interest at private sale for cash for such price as the court
determines and upon receipt of the purchase price to execute
and deliver a deed to the purchaser. The court shall require
the representative to furnish a bond conditioned upon his
disposing of the proceeds of sale in the manner required by
law, and with or without sureties and in such amount as the
court directs; and it is the duty of the representative to file
the bond in and have it approved by the court.
(Source: P.A. 79-328.)
(755 ILCS 5/27-1) (from Ch. 110 1/2, par. 27-1)
Sec. 27-1. Fees of representative. A representative is
entitled to reasonable compensation for his services, but no
fees, charges or other compensation may be allowed a public
administrator for services performed in administering that

SB0080 - 57 - LRB102 04047 LNS 14063 b
part of the estate of any United States war veteran which
consists of compensation, insurance or other monies due or
payable from the United States because of the veteran's war
service. No fees, charges or other compensation may be allowed
an employee of the Department of Human Services or the
Department of Children and Family Services designated under
paragraph (b) of Section 11-3 for services as guardian of the
estate of a patient or resident in a State mental health or
developmental disabilities facility or other State
institution. Fees awarded under this Section shall be
considered as a first-class claim for administrative expenses
and paid from the guardianship estate or from the probate
estate pursuant to Section 18-10. Fees awarded to guardians
shall be consistent with Section 11a-13.5.
(Source: P.A. 89-507, eff. 7-1-97.)
Section 10. The Illinois Power of Attorney Act is amended
by changing Section 2-10 as follows:
(755 ILCS 45/2-10) (from Ch. 110 1/2, par. 802-10)
Sec. 2-10. Agency-court relationship.
(a) Upon petition by any interested person (including the
agent), with such notice to interested persons as the court
directs and a finding by the court that the principal lacks
either the capacity to control or the capacity to revoke the
agency, the court may construe a power of attorney, review the

SB0080 - 58 - LRB102 04047 LNS 14063 b
agent's conduct, and grant appropriate relief including
compensatory damages.
(b) If the court finds that the agent is not acting for the
benefit of the principal in accordance with the terms of the
agency or that the agent's action or inaction has caused or
threatens substantial harm to the principal's person or
property in a manner not authorized or intended by the
principal, the court may order a guardian of the principal's
person or estate to exercise any powers of the principal under
the agency, including the power to revoke the agency, or may
enter such other orders without appointment of a guardian as
the court deems necessary to provide for the best interests of
the principal.
(c) If the court finds that the agency requires
interpretation, the court may construe the agency and instruct
the agent, but the court may not amend the agency.
(d) If the court finds that the agent has not acted for the
benefit of the principal in accordance with the terms of the
agency and the Illinois Power of Attorney Act, or that the
agent's action caused or threatened substantial harm to the
principal's person or property in a manner not authorized or
intended by the principal, then the agent shall not be
authorized to pay or be reimbursed from the estate of the
principal the attorneys' fees and costs of the agent in
defending a proceeding brought pursuant to this Section.
(e) Upon a finding that the agent's action has caused

SB0080 - 59 - LRB102 04047 LNS 14063 b
substantial harm to the principal's person or property, the
court may assess against the agent reasonable costs and
attorney's fees to a prevailing party who is a provider agency
as defined in Section 2 of the Adult Protective Services Act, a
representative of the Office of the State Long Term Care
Ombudsman, the State Guardian, a public guardian, or a
governmental agency having regulatory authority to protect the
welfare of the principal.
(f) As used in this Section, the term "interested person"
includes (1) the principal or the agent; (2) a guardian of the
person, guardian of the estate, or other fiduciary charged
with management of the principal's property; (3) the
principal's spouse, parent, or descendant; (4) a person who
would be a presumptive heir-at-law of the principal; (5) a
person named as a beneficiary to receive any property,
benefit, or contractual right upon the principal's death, or
as a beneficiary of a trust created by or for the principal;
(6) a provider agency as defined in Section 2 of the Adult
Protective Services Act, a representative of the Office of the
State Long Term Care Ombudsman, the State Guardian, a public
guardian, or a governmental agency having regulatory authority
to protect the welfare of the principal; and (7) the
principal's caregiver or another person who demonstrates
sufficient interest in the principal's welfare.
(g) Absent court order directing a guardian to exercise
powers of the principal under the agency, a guardian will have

SB0080 - 60 - LRB102 04047 LNS 14063 b
no power, duty or liability with respect to any property
subject to the agency or any personal or health care matters
covered by the agency. If an agent seeks guardianship of the
principal pursuant to the Probate Act of 1975, the petition
for guardianship must delineate the specific powers to be
granted to the guardian that are not already included in the
power of attorney. The petition for temporary, limited, or
plenary guardianship of the principal under the Probate Act of
1975 may include a prayer for relief to suspend a power of
attorney or to revoke a power of attorney in accordance with
subsection (b).
(h) Proceedings under this Section shall be commenced in
the county where the guardian was appointed or, if no Illinois
guardian is acting, then in the county where the agent or
principal resides or where the principal owns real property.
(i) This Section shall not be construed to limit any other
remedies available.
(Source: P.A. 98-49, eff. 7-1-13; 98-562, eff. 8-27-13;
98-756, eff. 7-16-14.)
SB0080 - 61 - LRB102 04047 LNS 14063 b
INDEX
Statutes amended in order of appearance