Public Act 102-0072

SB0080 Enrolled 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

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.

(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

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

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)

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

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

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).

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.

( ) 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)

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

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

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;

(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

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 or limited 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

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

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 or construe a power

of attorney for the alleged person with a disability, or

review the agent's conduct, shall do so in conformity with the

Illinois Power of Attorney Act, and as set forth in subsection

(c) of Section 11a-17 and subsection (e) of Section 11a-18 of

this 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

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

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

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:

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.

(8) You have the right to ask a judge to find that

although you lack some capacity to make your own

decisions, you can make other decisions, and therefore it

is best for the court to appoint only a limited guardian

for you.

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

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.)

(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

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.

One person or agency may be appointed a limited or plenary

guardian of the person and another person or corporate trustee

appointed as a limited or plenary guardian of the estate. If

different persons are appointed, the court shall consider the

factors set forth in subsection (b-5) of Section 11a-5. The

court shall enter a written order stating the factual basis

for its findings.

(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

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.

Upon the death of the ward, fees and costs awarded under

this Section shall be considered as a first-class claim for

administrative expenses as set forth in Section 18-10 and may

be paid from the guardianship estate or from the decedent's

estate.

(755 ILCS 5/11a-17) (from Ch. 110 1/2, par. 11a-17)

Sec. 11a-17. Duties of personal guardian.

(a) To the extent ordered by the court and under the

direction of the court, the guardian of the person shall have

custody of the ward and the ward's minor and adult dependent

children and shall procure for them and shall make provision

for their support, care, comfort, health, education and

maintenance, and professional services as are appropriate, but

the ward's spouse may not be deprived of the custody and

education of the ward's minor and adult dependent children,

without the consent of the spouse, unless the court finds that

the spouse is not a fit and competent person to have that

custody and education. The guardian shall assist the ward in

the development of maximum self-reliance and independence. The

guardian of the person may petition the court for an order

directing the guardian of the estate to pay an amount

periodically for the provision of the services specified by

the court order. If the ward's estate is insufficient to

provide for education and the guardian of the ward's person

fails to provide education, the court may award the custody of

the ward to some other person for the purpose of providing

education. If a person makes a settlement upon or provision

for the support or education of a ward, the court may make an

order for the visitation of the ward by the person making the

settlement or provision as the court deems proper. A guardian

of the person may not admit a ward to a mental health facility

except at the ward's request as provided in Article IV of the

Mental Health and Developmental Disabilities Code and unless

the ward has the capacity to consent to such admission as

provided in Article IV of the Mental Health and Developmental

Disabilities Code.

(a-3) If a guardian of an estate has not been appointed,

the guardian of the person may, without an order of court,

open, maintain, and transfer funds to an ABLE account on

behalf of the ward and the ward's minor and adult dependent

children as specified under Section 16.6 of the State

Treasurer Act.

(a-5) If the ward filed a petition for dissolution of

marriage under the Illinois Marriage and Dissolution of

Marriage Act before the ward was adjudicated a person with a

disability under this Article, the guardian of the ward's

person and estate may maintain that action for dissolution of

marriage on behalf of the ward. Upon petition by the guardian

of the ward's person or estate, the court may authorize and

direct a guardian of the ward's person or estate to file a

petition for dissolution of marriage or to file a petition for

legal separation or declaration of invalidity of marriage

under the Illinois Marriage and Dissolution of Marriage Act on

behalf of the ward if the court finds by clear and convincing

evidence that the relief sought is in the ward's best

interests. In making its determination, the court shall

consider the standards set forth in subsection (e) of this

Section.

(a-10) Upon petition by the guardian of the ward's person

or estate, the court may authorize and direct a guardian of the

ward's person or estate to consent, on behalf of the ward, to

the ward's marriage pursuant to Part II of the Illinois

Marriage and Dissolution of Marriage Act if the court finds by

clear and convincing evidence that the marriage is in the

ward's best interests. In making its determination, the court

shall consider the standards set forth in subsection (e) of

this Section. Upon presentation of a court order authorizing

and directing a guardian of the ward's person and estate to

consent to the ward's marriage, the county clerk shall accept

the guardian's application, appearance, and signature on

behalf of the ward for purposes of issuing a license to marry

under Section 203 of the Illinois Marriage and Dissolution of

Marriage Act.

(b) If the court directs, the guardian of the person shall

file with the court at intervals indicated by the court, a

report that shall state briefly: (1) the current mental,

physical, and social condition of the ward and the ward's

minor and adult dependent children; (2) their present living

arrangement, and a description and the address of every

residence where they lived during the reporting period and the

length of stay at each place; (3) a summary of the medical,

educational, vocational, and other professional services given

to them; (4) a resume of the guardian's visits with and

activities on behalf of the ward and the ward's minor and adult

dependent children; (5) a recommendation as to the need for

continued guardianship; (6) any other information requested by

the court or useful in the opinion of the guardian. The Office

of the State Guardian shall assist the guardian in filing the

report when requested by the guardian. The court may take such

action as it deems appropriate pursuant to the report.

(c) Absent court order pursuant to the Illinois Power of

Attorney Act directing a guardian to exercise powers of the

principal under an agency that survives disability, the

guardian has no power, duty, or liability with respect to any

personal or health care matters covered by the agency. This

subsection (c) applies to all agencies, whenever and wherever

executed.

(d) A guardian acting as a surrogate decision maker under

the Health Care Surrogate Act shall have all the rights of a

surrogate under that Act without court order including the

right to make medical treatment decisions such as decisions to

forgo or withdraw life-sustaining treatment. Any decisions by

the guardian to forgo or withdraw life-sustaining treatment

that are not authorized under the Health Care Surrogate Act

shall require a court order. Nothing in this Section shall

prevent an agent acting under a power of attorney for health

care from exercising his or her authority under the Illinois

Power of Attorney Act without further court order, unless a

court has acted under Section 2-10 of the Illinois Power of

Attorney Act. If a guardian is also a health care agent for the

ward under a valid power of attorney for health care, the

guardian acting as agent may execute his or her authority

under that act without further court order.

(e) Decisions made by a guardian on behalf of a ward shall

be made in accordance with the following standards for

decision making. Decisions made by a guardian on behalf of a

ward may be made by conforming as closely as possible to what

the ward, if competent, would have done or intended under the

circumstances, taking into account evidence that includes, but

is not limited to, the ward's personal, philosophical,

religious and moral beliefs, and ethical values relative to

the decision to be made by the guardian. Where possible, the

guardian shall determine how the ward would have made a

decision based on the ward's previously expressed preferences,

and make decisions in accordance with the preferences of the

ward. If the ward's wishes are unknown and remain unknown

after reasonable efforts to discern them, the decision shall

be made on the basis of the ward's best interests as determined

by the guardian. In determining the ward's best interests, the

guardian shall weigh the reason for and nature of the proposed

action, the benefit or necessity of the action, the possible

risks and other consequences of the proposed action, and any

available alternatives and their risks, consequences and

benefits, and shall take into account any other information,

including the views of family and friends, that the guardian

believes the ward would have considered if able to act for

herself or himself.

(f) Upon petition by any interested person (including the

standby or short-term guardian), with such notice to

interested persons as the court directs and a finding by the

court that it is in the best 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.

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

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

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

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,

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

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.

(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

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

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,

(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

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

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

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.

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

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

[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,

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

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

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.)

(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

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

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

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, and statutory custodial claims, and final fees

and costs as determined by the court relating to guardianship,

including fees awarded under Section 11a-13.5, 13-3, 13-3.1,

27-1, 27-2, or 27-4. 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.

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

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

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

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

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

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.)

INDEX Statutes amended in order of appearance