99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB2506

 

Introduced 2/18/2015, by Rep. David Harris

 

SYNOPSIS AS INTRODUCED:
 
755 ILCS 5/11a-17  from Ch. 110 1/2, par. 11a-17

    Amends the Probate Act of 1975. Provides that unless a guardian of the person of a disabled adult is specifically authorized by court order, the guardian shall not restrict the personal rights of the ward, including, but not limited to, the right to receive visitors, telephone calls, and personal mail.


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A BILL FOR

 

HB2506LRB099 10393 HEP 30620 b

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

 

 

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1for education and the guardian of the ward's person fails to
2provide education, the court may award the custody of the ward
3to some other person for the purpose of providing education. If
4a person makes a settlement upon or provision for the support
5or education of a ward, the court may make an order for the
6visitation of the ward by the person making the settlement or
7provision as the court deems proper. A guardian of the person
8may not admit a ward to a mental health facility except at the
9ward's request as provided in Article IV of the Mental Health
10and Developmental Disabilities Code and unless the ward has the
11capacity to consent to such admission as provided in Article IV
12of the Mental Health and Developmental Disabilities Code.
13    (a-3) Unless specifically authorized by court order, a
14guardian shall not restrict the personal rights of the ward,
15including, but not limited to, the right to receive visitors,
16telephone calls, and personal mail.
17    (a-5) If the ward filed a petition for dissolution of
18marriage under the Illinois Marriage and Dissolution of
19Marriage Act before the ward was adjudicated a disabled person
20under this Article, the guardian of the ward's person and
21estate may maintain that action for dissolution of marriage on
22behalf of the ward. Upon petition by the guardian of the ward's
23person or estate, the court may authorize and direct a guardian
24of the ward's person or estate to file a petition for
25dissolution of marriage or to file a petition for legal
26separation or declaration of invalidity of marriage under the

 

 

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

 

 

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

 

 

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

 

 

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1consequences of the proposed action, and any available
2alternatives and their risks, consequences and benefits, and
3shall take into account any other information, including the
4views of family and friends, that the guardian believes the
5ward would have considered if able to act for herself or
6himself.
7    (f) Upon petition by any interested person (including the
8standby or short-term guardian), with such notice to interested
9persons as the court directs and a finding by the court that it
10is in the best interest of the disabled person, the court may
11terminate or limit the authority of a standby or short-term
12guardian or may enter such other orders as the court deems
13necessary to provide for the best interest of the disabled
14person. The petition for termination or limitation of the
15authority of a standby or short-term guardian may, but need
16not, be combined with a petition to have another guardian
17appointed for the disabled person.
18(Source: P.A. 98-1107, eff. 8-26-14.)