101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1518

 

Introduced 2/15/2019, by Sen. Jil Tracy

 

SYNOPSIS AS INTRODUCED:
 
See Index

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


LRB101 10209 LNS 55313 b

 

 

A BILL FOR

 

SB1518LRB101 10209 LNS 55313 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
5Sections 11a-1, 11a-3, 11a-3.1, 11a-3.2, 11a-4, 11a-5, 11a-8,
611a-10, 11a-10.1, 11a-12, 11a-17, 11a-17.1, 11a-18, 11a-18.3,
711a-19, 11a-20, 13-1, 18-10, 19-2, 25-4, and 27-1 and by adding
8Section 11a-13.5 as follows:
 
9    (755 ILCS 5/11a-1)  (from Ch. 110 1/2, par. 11a-1)
10    Sec. 11a-1. "Developmental disability" defined.)
11"Developmental disability" means a disability which is
12attributable to: (a) an intellectual disability, cerebral
13palsy, epilepsy or autism; or to (b) any other condition which
14results in impairment similar to that caused by an intellectual
15disability and which requires services similar to those
16required by persons with intellectual disabilities. Such
17disability must originate before the age of 18 years, be
18expected to continue indefinitely, and constitute a
19substantial disability.
20(Source: P.A. 99-143, eff. 7-27-15.)
 
21    (755 ILCS 5/11a-3)  (from Ch. 110 1/2, par. 11a-3)
22    Sec. 11a-3. Adjudication of disability; Power to appoint

 

 

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1guardian.
2    (a) Upon the filing of a petition by a reputable person or
3by the alleged person with a disability himself or on its own
4motion, the court may adjudge a person to be a person with a
5disability, but only if it has been demonstrated by clear and
6convincing evidence that the person is a person with a
7disability as defined in Section 11a-2. If the court adjudges a
8person to be a person with a disability, the court may appoint
9(1) a guardian of his person, if it has been demonstrated by
10clear and convincing evidence that because of his disability he
11lacks sufficient understanding or capacity to make or
12communicate responsible decisions concerning the care of his
13person, or (2) a guardian of his estate, if it has been
14demonstrated by clear and convincing evidence that because of
15his disability he is unable to manage his estate or financial
16affairs, or (3) a guardian of his person and of his estate. The
17court may appoint co-guardians in accordance with Section
1811a-15.
19    (b) Guardianship shall be utilized only as is necessary to
20promote the well-being of the person with a disability, to
21protect him from neglect, exploitation, or abuse, and to
22encourage development of his maximum self-reliance and
23independence. Guardianship shall be ordered only to the extent
24necessitated by the individual's actual mental, physical and
25adaptive limitations. The order shall conform with Sections
2611a-12 and 11a-14.

 

 

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1(Source: P.A. 99-143, eff. 7-27-15.)
 
2    (755 ILCS 5/11a-3.1)
3    Sec. 11a-3.1. Appointment of standby guardian.
4    (a) The guardian of a person with a disability may
5designate in any writing, including a will, a person qualified
6to act under Section 11a-5 to be appointed as standby guardian
7of the person or estate, or both, of the person with a
8disability. The guardian may designate in any writing,
9including a will, a person qualified to act under Section 11a-5
10to be appointed as successor standby guardian of the person or
11estate of the person with a disability, or both. The
12designation must be witnessed by 2 or more credible witnesses
13at least 18 years of age, neither of whom is the person
14designated as the standby guardian. The designation may be
15proved by any competent evidence. If the designation is
16executed and attested in the same manner as a will, it shall
17have prima facie validity. Prior to designating a proposed
18standby guardian, the guardian shall consult with the person
19with a disability to determine the preference of the person
20with a disability as to the person who will serve as standby
21guardian. The guardian shall give due consideration to the
22preference of the person with a disability in selecting a
23standby guardian.
24    (b) Upon the filing of a petition for the appointment of a
25standby guardian, the court may appoint a standby guardian of

 

 

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1the person or estate, or both, of the person with a disability
2as the court finds to be in the best interests interest of the
3person with a disability. The court shall apply the same
4standards used in determining the suitability of a plenary or
5limited guardian in determining the suitability of a standby
6guardian, giving due consideration to the preference of the
7person with a disability as to a standby guardian. The court
8may not appoint the Office of State Guardian, pursuant to
9Section 30 of the Guardianship and Advocacy Act, or a public
10guardian, pursuant to Section 13-5 of this Act, as a standby
11guardian, without the written consent of the State Guardian or
12public guardian or an authorized representative of the State
13Guardian or public guardian.
14    (c) The standby guardian shall take and file an oath or
15affirmation that the standby guardian will faithfully
16discharge the duties of the office of standby guardian
17according to law, and shall file in and have approved by the
18court a bond binding the standby guardian so to do, but shall
19not be required to file a bond until the standby guardian
20assumes all duties as guardian of the person with a disability
21under Section 11a-18.2.
22    (d) The designation of a standby guardian may, but need
23not, be in the following form:
24
DESIGNATION OF STANDBY GUARDIAN
25
[IT IS IMPORTANT TO READ THE FOLLOWING INSTRUCTIONS:
26        A standby guardian is someone who has been appointed by

 

 

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

 

 

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1        5. Witnesses. I saw the guardian sign this designation
2    or the guardian told me that the guardian signed this
3    designation. Then I signed the designation as a witness in
4    the presence of the guardian. I am not designated in this
5    instrument to act as a standby guardian for the guardian's
6    ward. (insert space for names, addresses, and signatures of
7    2 witnesses)
8
[END OF FORM].
9(Source: P.A. 99-143, eff. 7-27-15.)
 
10    (755 ILCS 5/11a-3.2)
11    Sec. 11a-3.2. Short-term guardian.
12    (a) The guardian of a person with a disability may appoint
13in writing, without court approval, a short-term guardian of
14the person with a disability to take over the guardian's
15duties, to the extent provided in Section 11a-18.3, each time
16the guardian is unavailable or unable to carry out those
17duties. The guardian shall consult with the person with a
18disability to determine the preference of the person with a
19disability concerning the person to be appointed as short-term
20guardian and the guardian shall give due consideration to the
21preference of the person with a disability in choosing a
22short-term guardian. The written instrument appointing a
23short-term guardian shall be dated and shall identify the
24appointing guardian, the person with a disability, the person
25appointed to be the short-term guardian, and the termination

 

 

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1date of the appointment. The written instrument shall be signed
2by, or at the direction of, the appointing guardian in the
3presence of at least 2 credible witnesses at least 18 years of
4age, neither of whom is the person appointed as the short-term
5guardian. The person appointed as the short-term guardian shall
6also sign the written instrument, but need not sign at the same
7time as the appointing guardian. A guardian may not appoint the
8Office of State Guardian or a public guardian as a short-term
9guardian, without the written consent of the State Guardian or
10public guardian or an authorized representative of the State
11Guardian or public guardian.
12    (b) The appointment of the short-term guardian is effective
13immediately upon the date the written instrument is executed,
14unless the written instrument provides for the appointment to
15become effective upon a later specified date or event. A
16short-term guardian appointed by the guardian shall have
17authority to act as guardian of the person with a disability
18for a cumulative total of 60 days during any 12-month 12 month
19period. Only one written instrument appointing a short-term
20guardian may be in force at any given time.
21    (c) Every appointment of a short-term guardian may be
22amended or revoked by the appointing guardian at any time and
23in any manner communicated to the short-term guardian or to any
24other person. Any person other than the short-term guardian to
25whom a revocation or amendment is communicated or delivered
26shall make all reasonable efforts to inform the short-term

 

 

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1guardian of that fact as promptly as possible.
2    (d) The appointment of a short-term guardian or successor
3short-term guardian does not affect the rights in the person
4with a disability of any guardian other than the appointing
5guardian.
6    (e) The written instrument appointing a short-term
7guardian may, but need not, be in the following form:
 
8
APPOINTMENT OF SHORT-TERM GUARDIAN
9
[IT IS IMPORTANT TO READ THE FOLLOWING INSTRUCTIONS:
10        By properly completing this form, a guardian is
11    appointing a short-term guardian of the person with a
12    disability for a cumulative total of up to 60 days during
13    any 12-month 12 month period. A separate form shall be
14    completed each time a short-term guardian takes over
15    guardianship duties. The person or persons appointed as the
16    short-term guardian shall sign the form, but need not do so
17    at the same time as the guardian.]
18        1. Guardian and Ward. I, (insert name of appointing
19    guardian), currently residing at (insert address of
20    appointing guardian), am the guardian of the following
21    person with a disability: (insert name of ward).
22        2. Short-term Guardian. I hereby appoint the following
23    person as the short-term guardian for my ward: (insert name
24    and address of appointed person).
25        3. Effective date. This appointment becomes effective:

 

 

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

 

 

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

 

 

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1    appointment as short-term guardian on this (insert day) day
2    of (insert month and year).
3        Signed: (short-term guardian)
4
[END OF FORM].
5    (f) Each time the guardian appoints a short-term guardian,
6the guardian shall: (i) provide the person with a disability
7with the name, address, and telephone number of the short-term
8guardian; (ii) advise the person with a disability that he has
9the right to object to the appointment of the short-term
10guardian by filing a petition in court; and (iii) notify the
11person with a disability when the short-term guardian will be
12taking over guardianship duties and the length of time that the
13short-term guardian will be acting as guardian.
14(Source: P.A. 99-143, eff. 7-27-15.)
 
15    (755 ILCS 5/11a-4)  (from Ch. 110 1/2, par. 11a-4)
16    Sec. 11a-4. Temporary guardian.
17    (a) Prior to the appointment of a guardian under this
18Article, pending an appeal in relation to the appointment, or
19pending the completion of a citation proceeding brought
20pursuant to Section 23-3 of this Act, or upon a guardian's
21death, incapacity, or resignation, the court may appoint a
22temporary guardian upon a showing of the necessity therefor for
23the immediate welfare and protection of the alleged person with
24a disability or his or her estate on such notice and subject to
25such conditions as the court may prescribe. In determining the

 

 

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1necessity for temporary guardianship, the immediate welfare
2and protection of the alleged person with a disability and his
3or her estate shall be of paramount concern, and the interests
4of the petitioner, any care provider, or any other party shall
5not outweigh the interests of the alleged person with a
6disability. The temporary guardian shall have the limited
7powers and duties of a guardian of the person or of the estate
8which are specifically enumerated by court order. The court
9order shall state the actual harm identified by the court that
10necessitates temporary guardianship or any extension thereof.
11    (b) The temporary guardianship shall expire within 60 days
12after the appointment or whenever a guardian is regularly
13appointed, whichever occurs first. No extension shall be
14granted except:
15        (1) In a case where there has been an adjudication of
16    disability, an extension shall be granted:
17            (i) pending the disposition on appeal of an
18        adjudication of disability;
19            (ii) pending the completion of a citation
20        proceeding brought pursuant to Section 23-3;
21            (iii) pending the appointment of a successor
22        guardian in a case where the former guardian has
23        resigned, has become incapacitated, or is deceased; or
24            (iv) where the guardian's powers have been
25        suspended pursuant to a court order.
26        (1.5) In a case where there has been an adjudication of

 

 

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1    disability but choice of guardian remains at issue and the
2    court has never appointed a limited or plenary guardian for
3    the person with a disability, the court may grant an
4    extension up to an additional 60 days or until a limited or
5    plenary guardian is appointed, whichever occurs first.
6        (2) In a case where there has not been an adjudication
7    of disability, an extension shall be granted pending the
8    disposition of a petition brought pursuant to Section 11a-8
9    so long as the court finds it is in the best interests
10    interest of the alleged person with a disability to extend
11    the temporary guardianship so as to protect the alleged
12    person with a disability from any potential abuse, neglect,
13    self-neglect, exploitation, or other harm and such
14    extension lasts no more than 120 days from the date the
15    temporary guardian was originally appointed.
16    The ward shall have the right any time after the
17appointment of a temporary guardian is made to petition the
18court to revoke the appointment of the temporary guardian.
19(Source: P.A. 99-70, eff. 1-1-16; 99-143, eff. 7-27-15; 99-642,
20eff. 7-28-16.)
 
21    (755 ILCS 5/11a-5)  (from Ch. 110 1/2, par. 11a-5)
22    Sec. 11a-5. Who may act as guardian.
23    (a) A person is qualified to act as guardian of the person
24and as guardian of the estate of a person with a disability if
25the court finds that the proposed guardian is capable of

 

 

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1providing an active and suitable program of guardianship for
2the person with a disability and that the proposed guardian:
3        (1) has attained the age of 18 years;
4        (2) is a resident of the United States;
5        (3) is not of unsound mind;
6        (4) is not an adjudged person with a disability as
7    defined in this Act; and
8        (5) has not been convicted of a felony, unless the
9    court finds appointment of the person convicted of a felony
10    to be in the best interests of the person with a
11    disability, and as part of the best interests interest
12    determination, the court has considered the nature of the
13    offense, the date of offense, and the evidence of the
14    proposed guardian's rehabilitation. No person shall be
15    appointed who has been convicted of a felony involving harm
16    or threat to a minor or an elderly person or a person with
17    a disability, including a felony sexual offense.
18    (b) Any public agency, or not-for-profit corporation found
19capable by the court of providing an active and suitable
20program of guardianship for the person with a disability,
21taking into consideration the nature of such person's
22disability and the nature of such organization's services, may
23be appointed guardian of the person or of the estate, or both,
24of the person with a disability. The court shall not appoint as
25guardian an agency or employee of an agency that is directly
26providing residential services to the ward. One person or

 

 

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1agency may be appointed guardian of the person and another
2person or agency appointed guardian of the estate.
3    (b-5)(1) The court may appoint separate individuals or
4entities to act as the guardian of the person and the guardian
5of the estate of a person with a disability if the court finds
6it is in the best interests of the person with a disability
7that separate guardians be appointed. The court shall not
8appoint a separate person or entity to act as guardian of the
9person or guardian of the estate with a public guardian or the
10Office of State Guardian unless the public guardian or the
11Office of State Guardian agrees to such appointment.
12    (2) The court may appoint co-guardians to act as guardian
13of the person, guardian of the estate, or both the guardian of
14the person and the guardian of the estate if the court finds it
15is in the best interests of the person with a disability. When
16considering appointing co-guardians, the court shall consider
17the proposed co-guardians' history of cooperating and working
18together on behalf of the person with a disability. The court
19shall appoint only co-guardians who agree to serve together.
20The court shall not appoint a public guardian or the Office of
21State Guardian as a co-guardian for a person with a disability.
22    (c) Any corporation qualified to accept and execute trusts
23in this State may be appointed guardian of the estate of a
24person with a disability.
25(Source: P.A. 99-143, eff. 7-27-15; 100-756, eff. 1-1-19.)
 

 

 

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1    (755 ILCS 5/11a-8)  (from Ch. 110 1/2, par. 11a-8)
2    Sec. 11a-8. Petition. The petition for adjudication of
3disability and for the appointment of a guardian of the estate
4or the person or both of an alleged person with a disability
5must state, if known or reasonably ascertainable: (a) the
6relationship and interest of the petitioner to the respondent;
7(b) the name, date of birth, and place of residence of the
8respondent; (c) the reasons for the guardianship; (d) the name
9and post office address of the respondent's guardian, if any,
10or of the respondent's agent or agents appointed under the
11Illinois Power of Attorney Act, if any; (e) the name and post
12office addresses of the nearest relatives of the respondent in
13the following order: (1) the spouse and adult children, parents
14and adult brothers and sisters, if any; if none, (2) nearest
15adult kindred known to the petitioner; (f) the name and address
16of the person with whom or the facility in which the respondent
17is residing; (g) the approximate value of the personal and real
18estate; (h) the amount of the anticipated annual gross income
19and other receipts; (i) the name, post office address and in
20case of an individual, the age, relationship to the respondent
21and occupation of the proposed guardian. In addition, if the
22petition seeks the appointment of a previously appointed
23standby guardian as guardian of the person with a disability,
24the petition must also state: (j) the facts concerning the
25standby guardian's previous appointment and (k) the date of
26death of the guardian of the person with a disability or the

 

 

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1facts concerning the consent of the guardian of the person with
2a disability to the appointment of the standby guardian as
3guardian, or the willingness and ability of the guardian of the
4person with a disability to make and carry out day-to-day care
5decisions concerning the person with a disability. A petition
6for adjudication of disability and the appointment of a
7guardian of the estate or the person or both of an alleged
8person with a disability may not be dismissed or withdrawn
9without leave of the court. A petitioner who seeks to revoke a
10power of attorney for the alleged person with a disability must
11do so in conformity with the Illinois Power of Attorney Act.
12(Source: P.A. 99-143, eff. 7-27-15.)
 
13    (755 ILCS 5/11a-10)  (from Ch. 110 1/2, par. 11a-10)
14    Sec. 11a-10. Procedures preliminary to hearing.
15    (a) Upon the filing of a petition pursuant to Section
1611a-8, the court shall set a date and place for hearing to take
17place within 30 days. The court shall appoint a guardian ad
18litem to report to the court concerning the respondent's best
19interests consistent with the provisions of this Section,
20except that the appointment of a guardian ad litem shall not be
21required when the court determines that such appointment is not
22necessary for the protection of the respondent or a reasonably
23informed decision on the petition. If the guardian ad litem is
24not a licensed attorney, he or she shall be qualified, by
25training or experience, to work with or advocate for persons

 

 

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1with developmental disabilities, the mentally ill, persons
2with physical disabilities, the elderly, or persons with a
3disability due to mental deterioration, depending on the type
4of disability that is alleged in the petition. The court may
5allow the guardian ad litem reasonable compensation. The
6guardian ad litem may consult with a person who by training or
7experience is qualified to work with persons with a
8developmental disability, persons with mental illness, persons
9with physical disabilities, or persons with a disability due to
10mental deterioration, depending on the type of disability that
11is alleged. The guardian ad litem shall personally observe the
12respondent prior to the hearing and shall inform him orally and
13in writing of the contents of the petition and of his rights,
14including providing a copy of the notice of rights required
15under subsection (e) under Section 11a-11. The guardian ad
16litem shall also attempt to elicit the respondent's position
17concerning the adjudication of disability, the proposed
18guardian, a proposed change in residential placement, changes
19in care that might result from the guardianship, and other
20areas of inquiry deemed appropriate by the court.
21Notwithstanding any provision in the Mental Health and
22Developmental Disabilities Confidentiality Act or any other
23law, a guardian ad litem shall have the right to inspect and
24copy any medical or mental health record of the respondent
25which the guardian ad litem deems necessary, provided that the
26information so disclosed shall not be utilized for any other

 

 

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1purpose nor be redisclosed except in connection with the
2proceedings. At or before the hearing, the guardian ad litem
3shall file a written report detailing his or her observations
4of the respondent, the responses of the respondent to any of
5the inquiries detailed in this Section, the opinion of the
6guardian ad litem or other professionals with whom the guardian
7ad litem consulted concerning the appropriateness of
8guardianship, and any other material issue discovered by the
9guardian ad litem. The guardian ad litem shall appear at the
10hearing and testify as to any issues presented in his or her
11report.
12    (b) The court (1) may appoint counsel for the respondent,
13if the court finds that the interests of the respondent will be
14best served by the appointment, and (2) shall appoint counsel
15upon respondent's request or if the respondent takes a position
16adverse to that of the guardian ad litem. The respondent shall
17be permitted to obtain the appointment of counsel either at the
18hearing or by any written or oral request communicated to the
19court prior to the hearing. The summons shall inform the
20respondent of this right to obtain appointed counsel. The court
21may allow counsel for the respondent reasonable compensation.
22    (c) If the respondent is unable to pay the fee of the
23guardian ad litem or appointed counsel, or both, the court may
24enter an order for the petitioner to pay all such fees or such
25amounts as the respondent or the respondent's estate may be
26unable to pay. However, in cases where the Office of State

 

 

SB1518- 20 -LRB101 10209 LNS 55313 b

1Guardian is the petitioner, consistent with Section 30 of the
2Guardianship and Advocacy Act, where the public guardian is the
3petitioner, consistent with Section 13-5 of this Act, where an
4adult protective services agency is the petitioner, pursuant to
5Section 9 of the Adult Protective Services Act, or where the
6Department of Children and Family Services is the petitioner
7under subparagraph (d) of subsection (1) of Section 2-27 of the
8Juvenile Court Act of 1987, no guardian ad litem or legal fees
9shall be assessed against the Office of State Guardian, the
10public guardian, the adult protective services agency, or the
11Department of Children and Family Services.
12    (d) The hearing may be held at such convenient place as the
13court directs, including at a facility in which the respondent
14resides.
15    (e) Unless he is the petitioner, the respondent shall be
16personally served with a copy of the petition and a summons not
17less than 14 days before the hearing. The summons shall be
18printed in large, bold type and shall include the following
19notice:
20
NOTICE OF RIGHTS OF RESPONDENT
21    You have been named as a respondent in a guardianship
22petition asking that you be declared a person with a
23disability. If the court grants the petition, a guardian will
24be appointed for you. A copy of the guardianship petition is
25attached for your convenience.
26The date and time of the hearing are:

 

 

SB1518- 21 -LRB101 10209 LNS 55313 b

1The place where the hearing will occur is:
2The Judge's name and phone number is:
3    If a guardian is appointed for you, the guardian may be
4given the right to make all important personal decisions for
5you, such as where you may live, what medical treatment you may
6receive, what places you may visit, and who may visit you. A
7guardian may also be given the right to control and manage your
8money and other property, including your home, if you own one.
9You may lose the right to make these decisions for yourself.
10    You have the following legal rights:
11        (1) You have the right to be present at the court
12    hearing.
13        (2) You have the right to be represented by a lawyer,
14    either one that you retain, or one appointed by the Judge.
15        (3) You have the right to ask for a jury of six persons
16    to hear your case.
17        (4) You have the right to present evidence to the court
18    and to confront and cross-examine witnesses.
19        (5) You have the right to ask the Judge to appoint an
20    independent expert to examine you and give an opinion about
21    your need for a guardian.
22        (6) You have the right to ask that the court hearing be
23    closed to the public.
24        (7) You have the right to tell the court whom you
25    prefer to have for your guardian.
26    You do not have to attend the court hearing if you do not

 

 

SB1518- 22 -LRB101 10209 LNS 55313 b

1want to be there. If you do not attend, the Judge may appoint a
2guardian if the Judge finds that a guardian would be of benefit
3to you. The hearing will not be postponed or canceled if you do
4not attend. If you are unable to attend the hearing in person
5or you will suffer harm if you attend, the Judge can decide to
6hold the hearing at a place that is convenient. The Judge can
7also follow the rule of the Supreme Court of this State, or its
8local equivalent, and decide if a video conference is
9appropriate.
10    IT IS VERY IMPORTANT THAT YOU ATTEND THE HEARING IF YOU DO
11NOT WANT A GUARDIAN OR IF YOU WANT SOMEONE OTHER THAN THE
12PERSON NAMED IN THE GUARDIANSHIP PETITION TO BE YOUR GUARDIAN.
13IF YOU DO NOT WANT A GUARDIAN OR IF YOU HAVE ANY OTHER
14PROBLEMS, YOU SHOULD CONTACT AN ATTORNEY OR COME TO COURT AND
15TELL THE JUDGE.
16    Service of summons and the petition may be made by a
17private person 18 years of age or over who is not a party to the
18action.
19
[END OF FORM]
20    (f) Notice of the time and place of the hearing shall be
21given by the petitioner by mail or in person to those persons,
22including the proposed guardian, whose names and addresses
23appear in the petition and who do not waive notice, not less
24than 14 days before the hearing.
25(Source: P.A. 99-143, eff. 7-27-15; 99-642, eff. 7-28-16;
26100-201, eff. 8-18-17; 100-427, eff. 1-1-18.)
 

 

 

SB1518- 23 -LRB101 10209 LNS 55313 b

1    (755 ILCS 5/11a-10.1)  (from Ch. 110 1/2, par. 11a-10.1)
2    Sec. 11a-10.1. Domestic Violence: Order of Protection. An
3order of protection, as defined in the Illinois Domestic
4Violence Act of 1986, as amended, may be issued in conjunction
5with a proceeding for adjudication of disability and
6appointment of guardian if the petition for an order of
7protection alleges that a person who is party to or the subject
8of the proceeding has been abused by or has abused a family or
9household member or has been neglected or exploited as defined
10in the Illinois Domestic Violence Act of 1986, as amended.
11    If the subject of the order of protection is a high-risk
12adult with disabilities for whom a guardian has been appointed,
13the court may appoint a temporary substitute guardian under the
14provisions of this Act. The court shall appoint a temporary
15substitute guardian if the appointed guardian is named as a
16respondent in a petition for an order of protection under the
17Illinois Domestic Violence Act of 1986, as amended. The
18Illinois Domestic Violence Act of 1986 shall govern the
19issuance, enforcement and recording of orders of protection
20issued under this Section.
21(Source: P.A. 86-542.)
 
22    (755 ILCS 5/11a-12)  (from Ch. 110 1/2, par. 11a-12)
23    Sec. 11a-12. Order of appointment.)
24    (a) If basis for the appointment of a guardian as specified

 

 

SB1518- 24 -LRB101 10209 LNS 55313 b

1in Section 11a-3 is not found, the court shall dismiss the
2petition.
3    (b) If the respondent is adjudged to be a person with a
4disability and to lack some but not all of the capacity as
5specified in Section 11a-3, and if the court finds that
6guardianship is necessary for the protection of the person with
7a disability, his or her estate, or both, the court shall
8appoint a limited guardian for the respondent's person or
9estate or both. The court shall enter a written order stating
10the factual basis for its findings and specifying the duties
11and powers of the guardian and the legal disabilities to which
12the respondent is subject.
13    (c) If the respondent is adjudged to be a person with a
14disability and to be totally without capacity as specified in
15Section 11a-3, and if the court finds that limited guardianship
16will not provide sufficient protection for the person with a
17disability, his or her estate, or both, the court shall appoint
18a plenary guardian for the respondent's person or estate or
19both. The court shall enter a written order stating the factual
20basis for its findings.
21    (d) The selection of the guardian shall be in the
22discretion of the court, which shall give due consideration to
23the preference of the person with a disability as to a
24guardian, as well as the qualifications of the proposed
25guardian, in making its appointment. However, the paramount
26concern in the selection of the guardian is the best interests

 

 

SB1518- 25 -LRB101 10209 LNS 55313 b

1interest and well-being of the person with a disability.
2    (e) The order of appointment of a guardian of the person in
3any county with a population of less than 3 million shall
4include the requirement that the guardian of the person
5complete the training program as provided in Section 33.5 of
6the Guardianship and Advocacy Act that outlines the
7responsibilities of the guardian of the person and the rights
8of the person under guardianship and file with the court a
9certificate of completion one year from the date of issuance of
10the letters of guardianship, except that: (1) the chief judge
11of any circuit may order implementation of another training
12program by a suitable provider containing substantially
13similar content; (2) employees of the Office of the State
14Guardian, public guardians, attorneys currently authorized to
15practice law, corporate fiduciaries, and persons certified by
16the Center for Guardianship Certification are exempt from this
17training requirement; and (3) the court may, for good cause
18shown, exempt from this requirement an individual not otherwise
19listed in item (2). For the purposes of this subsection (e),
20good cause may be proven by affidavit. If the court finds good
21cause to exempt an individual from the training requirement,
22the order of appointment shall so state.
23(Source: P.A. 99-143, eff. 7-27-15; 100-483, eff. 9-8-18.)
 
24    (755 ILCS 5/11a-13.5 new)
25    Sec. 11a-13.5. Guardian fees. A guardian is entitled to

 

 

SB1518- 26 -LRB101 10209 LNS 55313 b

1reasonable and appropriate compensation for services related
2to guardianship duties, but all fees must be reviewed and
3approved by the court pursuant to a fee petition. In
4considering the reasonableness of any fee petition brought by a
5guardian under this Section, the court shall consider the
6following:
7        (1) the powers and duties assigned to the guardian by
8    the court;
9        (2) the necessity of any services provided;
10        (3) the time required, the degree of difficulty, and
11    the experience needed to complete the task;
12        (4) the needs of the ward and the costs of
13    alternatives; and
14        (5) other facts and circumstances material to the best
15    interests of the ward or his or her estate.
16    Fees awarded under this Section shall be considered as a
17first-class claim for administrative expenses and paid from the
18guardianship estate or from the decedent's estate as set forth
19in Section 18-10.
 
20    (755 ILCS 5/11a-17)  (from Ch. 110 1/2, par. 11a-17)
21    Sec. 11a-17. Duties of personal guardian.
22    (a) To the extent ordered by the court and under the
23direction of the court, the guardian of the person shall have
24custody of the ward and the ward's minor and adult dependent
25children and shall procure for them and shall make provision

 

 

SB1518- 27 -LRB101 10209 LNS 55313 b

1for their support, care, comfort, health, education and
2maintenance, and professional services as are appropriate, but
3the ward's spouse may not be deprived of the custody and
4education of the ward's minor and adult dependent children,
5without the consent of the spouse, unless the court finds that
6the spouse is not a fit and competent person to have that
7custody and education. The guardian shall assist the ward in
8the development of maximum self-reliance and independence. The
9guardian of the person may petition the court for an order
10directing the guardian of the estate to pay an amount
11periodically for the provision of the services specified by the
12court order. If the ward's estate is insufficient to provide
13for education and the guardian of the ward's person fails to
14provide education, the court may award the custody of the ward
15to some other person for the purpose of providing education. If
16a person makes a settlement upon or provision for the support
17or education of a ward, the court may make an order for the
18visitation of the ward by the person making the settlement or
19provision as the court deems proper. A guardian of the person
20may not admit a ward to a mental health facility except at the
21ward's request as provided in Article IV of the Mental Health
22and Developmental Disabilities Code and unless the ward has the
23capacity to consent to such admission as provided in Article IV
24of the Mental Health and Developmental Disabilities Code.
25    (a-5) If the ward filed a petition for dissolution of
26marriage under the Illinois Marriage and Dissolution of

 

 

SB1518- 28 -LRB101 10209 LNS 55313 b

1Marriage Act before the ward was adjudicated a person with a
2disability under this Article, the guardian of the ward's
3person and estate may maintain that action for dissolution of
4marriage on behalf of the ward. Upon petition by the guardian
5of the ward's person or estate, the court may authorize and
6direct a guardian of the ward's person or estate to file a
7petition for dissolution of marriage or to file a petition for
8legal separation or declaration of invalidity of marriage under
9the Illinois Marriage and Dissolution of Marriage Act on behalf
10of the ward if the court finds by clear and convincing evidence
11that the relief sought is in the ward's best interests. In
12making its determination, the court shall consider the
13standards set forth in subsection (e) of this Section.
14    (a-10) Upon petition by the guardian of the ward's person
15or estate, the court may authorize and direct a guardian of the
16ward's person or estate to consent, on behalf of the ward, to
17the ward's marriage pursuant to Part II of the Illinois
18Marriage and Dissolution of Marriage Act if the court finds by
19clear and convincing evidence that the marriage is in the
20ward's best interests. In making its determination, the court
21shall consider the standards set forth in subsection (e) of
22this Section. Upon presentation of a court order authorizing
23and directing a guardian of the ward's person and estate to
24consent to the ward's marriage, the county clerk shall accept
25the guardian's application, appearance, and signature on
26behalf of the ward for purposes of issuing a license to marry

 

 

SB1518- 29 -LRB101 10209 LNS 55313 b

1under Section 203 of the Illinois Marriage and Dissolution of
2Marriage Act.
3    (b) If the court directs, the guardian of the person shall
4file with the court at intervals indicated by the court, a
5report that shall state briefly: (1) the current mental,
6physical, and social condition of the ward and the ward's minor
7and adult dependent children; (2) their present living
8arrangement, and a description and the address of every
9residence where they lived during the reporting period and the
10length of stay at each place; (3) a summary of the medical,
11educational, vocational, and other professional services given
12to them; (4) a resume of the guardian's visits with and
13activities on behalf of the ward and the ward's minor and adult
14dependent children; (5) a recommendation as to the need for
15continued guardianship; (6) any other information requested by
16the court or useful in the opinion of the guardian. The Office
17of the State Guardian shall assist the guardian in filing the
18report when requested by the guardian. The court may take such
19action as it deems appropriate pursuant to the report.
20    (c) Absent court order pursuant to the Illinois Power of
21Attorney Act directing a guardian to exercise powers of the
22principal under an agency that survives disability, the
23guardian has no power, duty, or liability with respect to any
24personal or health care matters covered by the agency. This
25subsection (c) applies to all agencies, whenever and wherever
26executed.

 

 

SB1518- 30 -LRB101 10209 LNS 55313 b

1    (d) A guardian acting as a surrogate decision maker under
2the Health Care Surrogate Act shall have all the rights of a
3surrogate under that Act without court order including the
4right to make medical treatment decisions such as decisions to
5forgo or withdraw life-sustaining treatment. Any decisions by
6the guardian to forgo or withdraw life-sustaining treatment
7that are not authorized under the Health Care Surrogate Act
8shall require a court order. Nothing in this Section shall
9prevent an agent acting under a power of attorney for health
10care from exercising his or her authority under the Illinois
11Power of Attorney Act without further court order, unless a
12court has acted under Section 2-10 of the Illinois Power of
13Attorney Act. If a guardian is also a health care agent for the
14ward under a valid power of attorney for health care, the
15guardian acting as agent may execute his or her authority under
16that act without further court order.
17    (e) Decisions made by a guardian on behalf of a ward shall
18be made in accordance with the following standards for decision
19making. Decisions made by a guardian on behalf of a ward may be
20made by conforming as closely as possible to what the ward, if
21competent, would have done or intended under the circumstances,
22taking into account evidence that includes, but is not limited
23to, the ward's personal, philosophical, religious and moral
24beliefs, and ethical values relative to the decision to be made
25by the guardian. Where possible, the guardian shall determine
26how the ward would have made a decision based on the ward's

 

 

SB1518- 31 -LRB101 10209 LNS 55313 b

1previously expressed preferences, and make decisions in
2accordance with the preferences of the ward. If the ward's
3wishes are unknown and remain unknown after reasonable efforts
4to discern them, the decision shall be made on the basis of the
5ward's best interests as determined by the guardian. In
6determining the ward's best interests, the guardian shall weigh
7the reason for and nature of the proposed action, the benefit
8or necessity of the action, the possible risks and other
9consequences of the proposed action, and any available
10alternatives and their risks, consequences and benefits, and
11shall take into account any other information, including the
12views of family and friends, that the guardian believes the
13ward would have considered if able to act for herself or
14himself.
15    (f) Upon petition by any interested person (including the
16standby or short-term guardian), with such notice to interested
17persons as the court directs and a finding by the court that it
18is in the best interests interest of the person with a
19disability, the court may terminate or limit the authority of a
20standby or short-term guardian or may enter such other orders
21as the court deems necessary to provide for the best interests
22interest of the person with a disability. The petition for
23termination or limitation of the authority of a standby or
24short-term guardian may, but need not, be combined with a
25petition to have another guardian appointed for the person with
26a disability.

 

 

SB1518- 32 -LRB101 10209 LNS 55313 b

1    (g)(1) Unless there is a court order to the contrary, the
2guardian, consistent with the standards set forth in subsection
3(e) of this Section, shall use reasonable efforts to notify the
4ward's known adult children, who have requested notification
5and provided contact information, of the ward's admission to a
6hospital, or hospice or palliative care program, or the ward's
7death, and the arrangements for the disposition of the ward's
8remains.
9    (2) If a guardian unreasonably prevents an adult child,
10spouse, adult grandchild, parent, or adult sibling of the ward
11from visiting the ward, the court, upon a verified petition,
12may order the guardian to permit visitation between the ward
13and the adult child, spouse, adult grandchild, parent, or adult
14sibling. In making its determination, the court shall consider
15the standards set forth in subsection (e) of this Section. The
16court shall not allow visitation if the court finds that the
17ward has capacity to evaluate and communicate decisions
18regarding visitation and expresses a desire not to have
19visitation with the petitioner. This subsection (g) does not
20apply to duly appointed public guardians or the Office of State
21Guardian.
22(Source: P.A. 99-143, eff. 7-27-15; 99-821, eff. 1-1-17;
23100-1054, eff. 1-1-19.)
 
24    (755 ILCS 5/11a-17.1)
25    Sec. 11a-17.1. Sterilization of ward.

 

 

SB1518- 33 -LRB101 10209 LNS 55313 b

1    (a) A guardian of the person shall not consent to the
2sterilization of the ward without first obtaining an order from
3the court granting the guardian the authority to provide
4consent. For purposes of this Article XIa, "sterilization"
5means any procedure that has as its purpose rendering the ward
6permanently incapable of reproduction; provided, however, that
7an order from the court is not required for a procedure that is
8medically necessary to preserve the life of the ward or to
9prevent serious impairment to the health of the ward and which
10may result in sterilization.
11    (b) A guardian seeking authority to consent to the
12sterilization of the ward shall seek such authority by filing a
13verified motion. The verified motion shall allege facts which
14demonstrate that the proposed sterilization is warranted under
15subsection (f), (g) or (h) of this Section. The guardian ad
16litem will notify the ward of the motion in the manner set
17forth in subsection (c) of this Section.
18    (c) Upon the filing of a verified motion for authority to
19consent to sterilization, the court shall appoint a guardian ad
20litem to report to the court consistent with the provisions of
21this Section. If the guardian ad litem is not a licensed
22attorney, he or she shall be qualified, by training or
23experience, to work with or advocate for persons with a
24developmental disability, mental illness, physical disability,
25or disability because of mental deterioration, depending on the
26type of disability of the ward that is alleged in the motion.

 

 

SB1518- 34 -LRB101 10209 LNS 55313 b

1The court may allow the guardian ad litem reasonable
2compensation. The guardian ad litem may consult with a person
3who by training or experience is qualified to work with persons
4with a developmental disability, mental illness, physical
5disability, or disability because of mental deterioration,
6depending on the type of disability of the ward that is
7alleged. The guardian ad litem may also consult with health
8care providers knowledgeable about reproductive health matters
9including sterilization, other forms of contraception, and
10childbirth. Outside the presence of the guardian, the guardian
11ad litem shall personally observe the ward prior to the hearing
12and shall inform the ward orally and in writing of the contents
13of the verified motion for authority to consent to
14sterilization. Outside the presence of the guardian, the
15guardian ad litem shall also attempt to elicit the ward's
16position concerning the motion, and any other areas of inquiry
17deemed appropriate by the court. At or before the hearing, the
18guardian ad litem shall file a written report detailing his or
19her observations of the ward; the responses of the ward to any
20of the inquiries detailed in this Section; the opinion of the
21guardian ad litem and any other professionals with whom the
22guardian ad litem consulted concerning the ward's
23understanding of and desire for or objection to, as well as
24what is in the ward's best interests interest relative to,
25sterilization, other forms of contraception, and childbirth;
26and any other material issue discovered by the guardian ad

 

 

SB1518- 35 -LRB101 10209 LNS 55313 b

1litem. The guardian ad litem shall appear at the hearing and
2testify, and may present witnesses, as to any issues presented
3in his or her report.
4    (d) The court (1) may appoint counsel for the ward if the
5court finds that the interests of the ward will be best served
6by the appointment, and (2) shall appoint counsel upon the
7ward's request, if the ward is objecting to the proposed
8sterilization, or if the ward takes a position adverse to that
9of the guardian ad litem. The ward shall be permitted to obtain
10the appointment of counsel either at the hearing or by any
11written or oral request communicated to the court prior to the
12hearing. The court shall inform the ward of this right to
13obtain appointed counsel. The court may allow counsel for the
14ward reasonable compensation.
15    (e) The court shall order a medical and psychological
16evaluation of the ward. The evaluation shall address the ward's
17decision-making decision making capacity with respect to the
18proposed sterilization, the existence of any less permanent
19alternatives, and any other material issue.
20    (f) The court shall determine, as a threshold inquiry,
21whether the ward has capacity to consent or withhold consent to
22the proposed sterilization and, if the ward lacks such
23capacity, whether the ward is likely to regain such capacity.
24The ward shall not be deemed to lack such capacity solely on
25the basis of the adjudication of disability and appointment of
26a guardian. In determining capacity, the court shall consider

 

 

SB1518- 36 -LRB101 10209 LNS 55313 b

1whether the ward is able, after being provided appropriate
2information, to understand the relationship between sexual
3activity and reproduction; the consequences of reproduction;
4and the nature and consequences of the proposed sterilization
5procedure. If the court finds that (1) the ward has capacity to
6consent or withhold consent to the proposed sterilization, and
7(2) the ward objects or consents to the procedure, the court
8shall enter an order consistent with the ward's objection or
9consent and the proceedings on the verified motion shall be
10terminated.
11    (g) If the court finds that the ward does not have capacity
12to consent or withhold consent to the proposed sterilization
13and is unlikely to regain such capacity, the court shall
14determine whether the ward is expressing a clear desire for the
15proposed sterilization. If the ward is expressing a clear
16desire for the proposed sterilization, the court's decision
17regarding the proposed sterilization shall be made in
18accordance with the standards set forth in subsection (e) of
19Section 11a-17 of this Act.
20    (h) If the court finds that the ward does not have capacity
21to consent or withhold consent to the proposed sterilization
22and is unlikely to regain such capacity, and that the ward is
23not expressing a clear desire for the proposed sterilization,
24the court shall consider the standards set forth in subsection
25(e) of Section 11a-17 of this Act and enter written findings of
26fact and conclusions of law addressing those standards. In

 

 

SB1518- 37 -LRB101 10209 LNS 55313 b

1addition, the court shall not authorize the guardian to consent
2to the proposed sterilization unless the court finds, by clear
3and convincing evidence and based on written findings of fact
4and conclusions of law, that all of the following factors are
5present:
6        (1) The ward lacks decisional capacity regarding the
7    proposed sterilization.
8        (2) The ward is fertile and capable of procreation.
9        (3) The benefits to the ward of the proposed
10    sterilization outweigh the harm.
11        (4) The court has considered less intrusive
12    alternatives and found them to be inadequate in this case.
13        (5) The proposed sterilization is in the best interests
14    interest of the ward. In considering the ward's best
15    interests interest, the court shall consider the following
16    factors:
17            (A) The possibility that the ward will experience
18        trauma or psychological damage if he or she has a child
19        and, conversely, the possibility of trauma or
20        psychological damage from the proposed sterilization.
21            (B) The ward is or is likely to become sexually
22        active.
23            (C) The inability of the ward to understand
24        reproduction or contraception and the likely
25        permanence of that inability.
26            (D) Any other factors that assist the court in

 

 

SB1518- 38 -LRB101 10209 LNS 55313 b

1        determining the best interests interest of the ward
2        relative to the proposed sterilization.
3(Source: P.A. 96-272, eff. 1-1-10.)
 
4    (755 ILCS 5/11a-18)  (from Ch. 110 1/2, par. 11a-18)
5    Sec. 11a-18. Duties of the estate guardian.
6    (a) To the extent specified in the order establishing the
7guardianship, the guardian of the estate shall have the care,
8management and investment of the estate, shall manage the
9estate frugally and shall apply the income and principal of the
10estate so far as necessary for the comfort and suitable support
11and education of the ward, his minor and adult dependent
12children, and persons related by blood or marriage who are
13dependent upon or entitled to support from him, or for any
14other purpose which the court deems to be for the best
15interests of the ward, and the court may approve the making on
16behalf of the ward of such agreements as the court determines
17to be for the ward's best interests. The guardian may make
18disbursement of his ward's funds and estate directly to the
19ward or other distributee or in such other manner and in such
20amounts as the court directs. If the estate of a ward is
21derived in whole or in part from payments of compensation,
22adjusted compensation, pension, insurance or other similar
23benefits made directly to the estate by the Veterans
24Administration, notice of the application for leave to invest
25or expend the ward's funds or estate, together with a copy of

 

 

SB1518- 39 -LRB101 10209 LNS 55313 b

1the petition and proposed order, shall be given to the
2Veterans' Administration Regional Office in this State at least
37 days before the hearing on the application.
4    (a-5) The probate court, upon petition of a guardian, other
5than the guardian of a minor, and after notice to all other
6persons interested as the court directs, may authorize the
7guardian to exercise any or all powers over the estate and
8business affairs of the ward that the ward could exercise if
9present and not under disability. The court may authorize the
10taking of an action or the application of funds not required
11for the ward's current and future maintenance and support in
12any manner approved by the court as being in keeping with the
13ward's wishes so far as they can be ascertained. The court must
14consider the permanence of the ward's disabling condition and
15the natural objects of the ward's bounty. In ascertaining and
16carrying out the ward's wishes the court may consider, but
17shall not be limited to, minimization of State or federal
18income, estate, or inheritance taxes; and providing gifts to
19charities, relatives, and friends that would be likely
20recipients of donations from the ward. The ward's wishes as
21best they can be ascertained shall be carried out, whether or
22not tax savings are involved. Actions or applications of funds
23may include, but shall not be limited to, the following:
24        (1) making gifts of income or principal, or both, of
25    the estate, either outright or in trust;
26        (2) conveying, releasing, or disclaiming his or her

 

 

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1    contingent and expectant interests in property, including
2    marital property rights and any right of survivorship
3    incident to joint tenancy or tenancy by the entirety;
4        (3) releasing or disclaiming his or her powers as
5    trustee, personal representative, custodian for minors, or
6    guardian;
7        (4) exercising, releasing, or disclaiming his or her
8    powers as donee of a power of appointment;
9        (5) entering into contracts;
10        (6) creating for the benefit of the ward or others,
11    revocable or irrevocable trusts of his or her property that
12    may extend beyond his or her disability or life;
13        (7) exercising options of the ward to purchase or
14    exchange securities or other property;
15        (8) exercising the rights of the ward to elect benefit
16    or payment options, to terminate, to change beneficiaries
17    or ownership, to assign rights, to borrow, or to receive
18    cash value in return for a surrender of rights under any
19    one or more of the following:
20            (i) life insurance policies, plans, or benefits,
21            (ii) annuity policies, plans, or benefits,
22            (iii) mutual fund and other dividend investment
23        plans,
24            (iv) retirement, profit sharing, and employee
25        welfare plans and benefits;
26        (9) exercising his or her right to claim or disclaim an

 

 

SB1518- 41 -LRB101 10209 LNS 55313 b

1    elective share in the estate of his or her deceased spouse
2    and to renounce any interest by testate or intestate
3    succession or by inter vivos transfer;
4        (10) changing the ward's residence or domicile; or
5        (11) modifying by means of codicil or trust amendment
6    the terms of the ward's will or any revocable trust created
7    by the ward, as the court may consider advisable in light
8    of changes in applicable tax laws.
9    The guardian in his or her petition shall briefly outline
10the action or application of funds for which he or she seeks
11approval, the results expected to be accomplished thereby, and
12the tax savings, if any, expected to accrue. The proposed
13action or application of funds may include gifts of the ward's
14personal property or real estate, but transfers of real estate
15shall be subject to the requirements of Section 20 of this Act.
16Gifts may be for the benefit of prospective legatees, devisees,
17or heirs apparent of the ward or may be made to individuals or
18charities in which the ward is believed to have an interest.
19The guardian shall also indicate in the petition that any
20planned disposition is consistent with the intentions of the
21ward insofar as they can be ascertained, and if the ward's
22intentions cannot be ascertained, the ward will be presumed to
23favor reduction in the incidents of various forms of taxation
24and the partial distribution of his or her estate as provided
25in this subsection. The guardian shall not, however, be
26required to include as a beneficiary or fiduciary any person

 

 

SB1518- 42 -LRB101 10209 LNS 55313 b

1who he has reason to believe would be excluded by the ward. A
2guardian shall be required to investigate and pursue a ward's
3eligibility for governmental benefits.
4    (b) Upon the direction of the court which issued his
5letters, a guardian may perform the contracts of his ward which
6were legally subsisting at the time of the commencement of the
7ward's disability. The court may authorize the guardian to
8execute and deliver any bill of sale, deed or other instrument.
9    (c) The guardian of the estate of a ward shall appear for
10and represent the ward in all legal proceedings unless another
11person is appointed for that purpose as guardian or next
12friend. This does not impair the power of any court to appoint
13a guardian ad litem or next friend to defend the interests of
14the ward in that court, or to appoint or allow any person as
15the next friend of a ward to commence, prosecute or defend any
16proceeding in his behalf. Without impairing the power of the
17court in any respect, if the guardian of the estate of a ward
18and another person as next friend shall appear for and
19represent the ward in a legal proceeding in which the
20compensation of the attorney or attorneys representing the
21guardian and next friend is solely determined under a
22contingent fee arrangement, the guardian of the estate of the
23ward shall not participate in or have any duty to review the
24prosecution of the action, to participate in or review the
25appropriateness of any settlement of the action, or to
26participate in or review any determination of the

 

 

SB1518- 43 -LRB101 10209 LNS 55313 b

1appropriateness of any fees awarded to the attorney or
2attorneys employed in the prosecution of the action.
3    (d) Adjudication of disability shall not revoke or
4otherwise terminate a trust which is revocable by the ward. A
5guardian of the estate shall have no authority to revoke a
6trust that is revocable by the ward, except that the court may
7authorize a guardian to revoke a Totten trust or similar
8deposit or withdrawable capital account in trust to the extent
9necessary to provide funds for the purposes specified in
10paragraph (a) of this Section. If the trustee of any trust for
11the benefit of the ward has discretionary power to apply income
12or principal for the ward's benefit, the trustee shall not be
13required to distribute any of the income or principal to the
14guardian of the ward's estate, but the guardian may bring an
15action on behalf of the ward to compel the trustee to exercise
16the trustee's discretion or to seek relief from an abuse of
17discretion. This paragraph shall not limit the right of a
18guardian of the estate to receive accountings from the trustee
19on behalf of the ward.
20    (d-5) Upon a verified petition by the plenary or limited
21guardian of the estate or the request of the ward that is
22accompanied by a current physician's report that states the
23ward possesses testamentary capacity, the court may enter an
24order authorizing the ward to execute a will or codicil. In so
25ordering, the court shall authorize the guardian to retain
26independent counsel for the ward with whom the ward may execute

 

 

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1or modify a will or codicil.
2    (e) Absent court order pursuant to the Illinois Power of
3Attorney Act directing a guardian to exercise powers of the
4principal under an agency that survives disability, the
5guardian will have no power, duty or liability with respect to
6any property subject to the agency. This subsection (e) applies
7to all agencies, whenever and wherever executed.
8    (f) Upon petition by any interested person (including the
9standby or short-term guardian), with such notice to interested
10persons as the court directs and a finding by the court that it
11is in the best interests interest of the person with a
12disability, the court may terminate or limit the authority of a
13standby or short-term guardian or may enter such other orders
14as the court deems necessary to provide for the best interests
15interest of the person with a disability. The petition for
16termination or limitation of the authority of a standby or
17short-term guardian may, but need not, be combined with a
18petition to have another guardian appointed for the person with
19a disability.
20(Source: P.A. 99-143, eff. 7-27-15; 99-302, eff. 1-1-16;
2199-642, eff. 7-28-16.)
 
22    (755 ILCS 5/11a-18.3)
23    Sec. 11a-18.3. Duties of short-term guardian of a person
24with a disability.
25    (a) Immediately upon the effective date of the appointment

 

 

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1of a short-term guardian, the short-term guardian shall assume
2all duties as short-term guardian of the person with a
3disability as provided in this Section. The short-term guardian
4of the person shall have authority to act as short-term
5guardian, without direction of the court, for the duration of
6the appointment, which in no case shall exceed a cumulative
7total of 60 days in any 12-month 12 month period for all
8short-term guardians appointed by the guardian. The authority
9of the short-term guardian may be limited or terminated by a
10court of competent jurisdiction.
11    (b) Unless further specifically limited by the instrument
12appointing the short-term guardian, a short-term guardian
13shall have the authority to act as a guardian of the person of
14a person with a disability as prescribed in Section 11a-17, but
15shall not have any authority to act as guardian of the estate
16of a person with a disability, except that a short-term
17guardian shall have the authority to apply for and receive on
18behalf of the person with a disability benefits to which the
19person with a disability may be entitled from or under federal,
20State, or local organizations or programs.
21(Source: P.A. 99-143, eff. 7-27-15.)
 
22    (755 ILCS 5/11a-19)  (from Ch. 110 1/2, par. 11a-19)
23    Sec. 11a-19. Notice of right to seek modification. At the
24time of the appointment of a guardian the court shall inform
25the ward of his right under Section 11a-20 to petition for

 

 

SB1518- 46 -LRB101 10209 LNS 55313 b

1termination of adjudication of disability, revocation of the
2letters of guardianship of the estate or person, or both, or
3modification of the duties of the guardian and shall give the
4ward a written statement explaining this right and the
5procedures for petitioning the court. The notice shall be in
6large, bold type and shall be in a format substantially similar
7to the following: notice of rights required under subsection
8(e) of Section 11a-10 of this Act.
9
IN THE CIRCUIT COURT OF THE ... JUDICIAL CIRCUIT OF ILLINOIS
10
... COUNTY
11IN RE THE ESTATE OF             ) 
12                                ) 
13.....................,          )   CASE NO. .... 
14a Person with a Disability,     ) 
 
15
NOTICE TO WARD OF RIGHT TO SEEK MODIFICATION

 
16    [Insert name] was appointed your Guardian of the Person on
17[insert date].
18    [Insert name] was appointed your Guardian of the Estate on
19[insert date].
20    You have the right to ask the court to dismiss this
21guardianship, to revoke the power of this guardian to act for
22you, or to modify the duties of any such guardian.
23    You, or someone on your behalf, can make this request, even
24by an informal letter, a telephone call, or a visit to the

 

 

SB1518- 47 -LRB101 10209 LNS 55313 b

1court. You should send your letter to the court at the
2following address; [insert name of judge and mailing address of
3courthouse].
4    The court may appoint a Guardian ad Litem to investigate
5and report to the court. You have the right to have a lawyer
6appointed for you, to have a hearing before the court, to have
7a jury of six persons decide the facts, to present evidence and
8tell your story, and to ask witnesses any questions in
9cross-examination.
10    Entered this.....day of.............., 20.... 
11                                    .................
12                                            JUDGE
 
13[..]    At the time of the appointment of the Guardian in this
14cause, the court informed the ward of his or her rights under
15Section 11a-20 of the Illinois Probate Act and gave the ward,
16in open court, the above-written notice explaining these rights
17and procedures.
 
18or
 
19[..]    The Clerk of the Circuit Court shall mail a copy of the
20above-written notice to the above-named person with a
21disability at the residence address set forth in the petition
22filed herein.
 

 

 

SB1518- 48 -LRB101 10209 LNS 55313 b

1Copy Mailed:.................................................
 
2                            ............................................................. 
3                                Clerk of the Circuit Court
 
4
[END OF FORM].
5(Source: P.A. 89-396, eff. 8-20-95.)
 
6    (755 ILCS 5/11a-20)  (from Ch. 110 1/2, par. 11a-20)
7    Sec. 11a-20. Termination of adjudication of disability -
8Revocation of letters - modification.)
9    (a) Except as provided in subsection (b-5), upon the filing
10of a petition by or on behalf of a person with a disability or
11on its own motion, the court may terminate the adjudication of
12disability of the ward, revoke the letters of guardianship of
13the estate or person, or both, or modify the duties of the
14guardian if the ward's capacity to perform the tasks necessary
15for the care of his person or the management of his estate has
16been demonstrated by clear and convincing evidence. A report or
17testimony by a licensed physician is not a prerequisite for
18termination, revocation or modification of a guardianship
19order under this subsection (a).
20    (b) Except as provided in subsection (b-5), a request by
21the ward or any other person on the ward's behalf, under this
22Section may be communicated to the court or judge by any means,
23including but not limited to informal letter, telephone call or

 

 

SB1518- 49 -LRB101 10209 LNS 55313 b

1visit. Upon receipt of a request from the ward or another
2person, the court may appoint a guardian ad litem to
3investigate and report to the court concerning the allegations
4made in conjunction with said request, and if the ward wishes
5to terminate, revoke, or modify the guardianship order, to
6prepare the ward's petition and to render such other services
7as the court directs.
8    (b-5) Upon the filing of a verified petition by the
9guardian of the person with a disability or the person with a
10disability, the court may terminate the adjudication of
11disability of the ward, revoke the letters of guardianship of
12the estate or person, or both, or modify the duties of the
13guardian if: (i) a report completed in accordance with
14subsection (a) of Section 11a-9 states that the person with a
15disability is no longer in need of guardianship or that the
16type and scope of guardianship should be modified; (ii) the
17person with a disability no longer wishes to be under
18guardianship or desires that the type and scope of guardianship
19be modified; and (iii) the guardian of the person with a
20disability states that it is in the best interests interest of
21the person with a disability to terminate the adjudication of
22disability of the ward, revoke the letters of guardianship of
23the estate or person, or both, or modify the duties of the
24guardian, and provides the basis thereof. In a proceeding
25brought pursuant to this subsection (b-5), the court may
26terminate the adjudication of disability of the ward, revoke

 

 

SB1518- 50 -LRB101 10209 LNS 55313 b

1the letters of guardianship of the estate or person, or both,
2or modify the duties of the guardian, unless it has been
3demonstrated by clear and convincing evidence that the ward is
4incapable of performing the tasks necessary for the care of his
5or her person or the management of his or her estate.
6    (c) Notice of the hearing on a petition under this Section,
7together with a copy of the petition, shall be given to the
8ward, unless he is the petitioner, and to each and every
9guardian to whom letters of guardianship have been issued and
10not revoked, not less than 14 days before the hearing.
11(Source: P.A. 99-143, eff. 7-27-15.)
 
12    (755 ILCS 5/13-1)  (from Ch. 110 1/2, par. 13-1)
13    Sec. 13-1. Appointment and term of public administrator and
14public guardian.)
15    (a) Except as provided in Section 13-1.1, before the first
16Monday of December, 1977 and every 4 years thereafter, and as
17often as vacancies occur, the Governor, by and with the advice
18and consent of the Senate, shall appoint in each county a
19suitable person to serve as public administrator and a suitable
20person to serve as public guardian of the county. The Governor
21may designate, without the advice and consent of the Senate,
22the Office of State Guardian as an interim public guardian to
23fill a vacancy in one or more counties having a population of
24500,000 or less if the designation:
25        (1) is specifically designated as an interim

 

 

SB1518- 51 -LRB101 10209 LNS 55313 b

1    appointment for a term of the lesser of one year or until
2    the Governor appoints, with the advice and consent of the
3    Senate, a county public guardian to fill the vacancy;
4        (2) requires the Office of State Guardian to affirm its
5    availability to act in the county; and
6        (3) expires in a pending case of a person with a
7    disability in the county at such a time as the court
8    appoints a qualified successor guardian of the estate and
9    person for the person with a disability.
10    When appointed as an interim public guardian, the State
11Guardian will perform the powers and duties assigned under the
12Guardianship and Advocacy Act.
13    The Governor may appoint the same person to serve as public
14guardian and public administrator in one or more counties. In
15considering the number of counties of service for any
16prospective public guardian or public administrator the
17Governor may consider the population of the county and the
18ability of the prospective public guardian or public
19administrator to travel to multiple counties and manage estates
20in multiple counties. Each person so appointed holds his office
21for 4 years from the first Monday of December, 1977 and every 4
22years thereafter or until his successor is appointed and
23qualified.
24    (b) Within 14 days of notification to the current Public
25Guardian of the appointment by the Governor of a new public
26guardian pursuant to this Section, the outgoing Public Guardian

 

 

SB1518- 52 -LRB101 10209 LNS 55313 b

1shall provide the incoming successor Public Guardian with a
2list of current guardianships. Within 60 days of receipt of the
3list of guardianships, the incoming Public Guardian may
4petition the court for a transfer of a guardianship to the
5incoming Public Guardian. The transfer of a guardianship of the
6person, estate, or both shall be made if it is in the best
7interests of the ward as determined by the court on a
8case-by-case basis.
9    Factors for the court to consider include, but are not
10limited to, the following:
11        (1) the ward's preference as to the transfer of the
12    guardianship;
13        (2) the recommendation of the guardian ad litem, the
14    ward's family members, and other interested parties;
15        (3) the length of time in which the outgoing public
16    guardian has served as guardian for the ward;
17        (4) the ward's relationship with the outgoing public
18    guardian's office;
19        (5) the nature and extent of the ward's disabilities;
20        (6) the ward's current residential placement, his or
21    her current support network, and ongoing needs;
22        (7) the costs involved in the transfer of the ward's
23    estate;
24        (8) the status of pending legal matters or other
25    matters germane to the ward's care or the management of the
26    ward's estate;

 

 

SB1518- 53 -LRB101 10209 LNS 55313 b

1        (9) the obligation to post bond and the cost thereof;
2        (10) the guardians' status with regard to
3    certification by the Center for Guardianship
4    Certification; and
5        (11) other good causes.
6    If the court approves a transfer to the incoming Public
7Guardian, the outgoing Public Guardian shall file a final
8account of his or her activities on behalf of the ward within
930 days or within such other time that the court may allow. The
10outgoing Public Guardian may file a petition for final fees
11pursuant to subsection (b) of Section 13-3.1.
12(Source: P.A. 100-483, eff. 9-8-18.)
 
13    (755 ILCS 5/18-10)  (from Ch. 110 1/2, par. 18-10)
14    Sec. 18-10. Classification of claims against decedent's
15estate. All claims against the estate of a decedent are divided
16into classes in the manner following:
17    1st: Funeral and burial expenses, expenses of
18administration, fees awarded under Section 11a-13.5, 13-3,
1913-3.1, or 27-1, and statutory custodial claims. For the
20purposes of this paragraph, funeral and burial expenses paid by
21any person, including a surviving spouse, are funeral and
22burial expenses; and funeral and burial expenses include
23reasonable amounts paid for a burial space, crypt or niche, a
24marker on the burial space, care of the burial space, crypt or
25niche, and interest on these amounts. Interest on these amounts

 

 

SB1518- 54 -LRB101 10209 LNS 55313 b

1shall accrue beginning 60 days after issuance of letters of
2office to the representative of the decedent's estate, or if no
3such letters of office are issued, then beginning 60 days after
4those amounts are due, up to the rate of 9% per annum as
5allowed by contract or law.
6    2nd: The surviving spouse's or child's award.
7    3rd: Debts due the United States.
8    4th: Reasonable and necessary medical, hospital, and
9nursing home expenses for the care of the decedent during the
10year immediately preceding death; and money due employees of
11the decedent of not more than $800 for each claimant for
12services rendered within 4 months prior to the decedent's
13death.
14    5th: Money and property received or held in trust by
15decedent which cannot be identified or traced.
16    6th: Debts due this State and any county, township, city,
17town, village or school district located within this State.
18    7th: All other claims.
19(Source: P.A. 100-1079, eff. 8-24-18.)
 
20    (755 ILCS 5/19-2)  (from Ch. 110 1/2, par. 19-2)
21    Sec. 19-2. Lease, sale, mortgage or pledge of personal
22estate of ward.) By leave of court a representative may lease,
23sell, mortgage or pledge any personal estate of the ward, when
24in the opinion of the court it is for the best interests
25interest of the ward or his estate.

 

 

SB1518- 55 -LRB101 10209 LNS 55313 b

1(Source: P.A. 79-328.)
 
2    (755 ILCS 5/25-4)  (from Ch. 110 1/2, par. 25-4)
3    Sec. 25-4. Sale of small real estate interest of ward.) If
4the interest of a ward in any parcel of real estate does not
5exceed $2,500 in value and a private sale thereof can be made
6for cash, the interest may be sold as provided in this Section
7instead of as prescribed elsewhere in this Act. The
8representative of the estate of the ward may file a petition
9setting forth: (a) the description of the real estate, the
10interest of the ward therein and the value of the interest
11sought to be sold; (b) the name and post office address of the
12ward; (c) a private sale of the ward's interest can be made for
13cash; and (d) it is for the best interests interest of the ward
14that his interest in the real estate be sold. Upon the filing
15of the petition the court shall set it for hearing not less
16than 20 days thereafter. Not less than 15 days before the date
17of hearing of the petition, the clerk of the court shall mail a
18notice of the time and place of the hearing to the ward. No
19guardian ad litem need be appointed for the ward unless the
20court finds it necessary for the ward's protection. If on the
21hearing the court finds that the ward's interest in the real
22estate to be sold does not exceed $2,500 in value, a private
23sale of the ward's interest can be made for cash and it is for
24the best interests interest of the ward that the sale be made,
25the court shall direct the petitioner to sell the ward's

 

 

SB1518- 56 -LRB101 10209 LNS 55313 b

1interest at private sale for cash for such price as the court
2determines and upon receipt of the purchase price to execute
3and deliver a deed to the purchaser. The court shall require
4the representative to furnish a bond conditioned upon his
5disposing of the proceeds of sale in the manner required by
6law, and with or without sureties and in such amount as the
7court directs; and it is the duty of the representative to file
8the bond in and have it approved by the court.
9(Source: P.A. 79-328.)
 
10    (755 ILCS 5/27-1)  (from Ch. 110 1/2, par. 27-1)
11    Sec. 27-1. Fees of representative. A representative is
12entitled to reasonable compensation for his services, but no
13fees, charges or other compensation may be allowed a public
14administrator for services performed in administering that
15part of the estate of any United States war veteran which
16consists of compensation, insurance or other monies due or
17payable from the United States because of the veteran's war
18service. No fees, charges or other compensation may be allowed
19an employee of the Department of Human Services or the
20Department of Children and Family Services designated under
21paragraph (b) of Section 11-3 for services as guardian of the
22estate of a patient or resident in a State mental health or
23developmental disabilities facility or other State
24institution. Fees awarded under this Section shall be
25considered as a first-class claim for administrative expenses

 

 

SB1518- 57 -LRB101 10209 LNS 55313 b

1and paid from the guardianship estate or from the probate
2estate pursuant to Section 18-10. Fees awarded to guardians
3shall be consistent with Section 11a-13.5.
4(Source: P.A. 89-507, eff. 7-1-97.)
 
5    Section 10. The Illinois Power of Attorney Act is amended
6by changing Section 2-10 as follows:
 
7    (755 ILCS 45/2-10)  (from Ch. 110 1/2, par. 802-10)
8    Sec. 2-10. Agency-court relationship.
9    (a) Upon petition by any interested person (including the
10agent), with such notice to interested persons as the court
11directs and a finding by the court that the principal lacks
12either the capacity to control or the capacity to revoke the
13agency, the court may construe a power of attorney, review the
14agent's conduct, and grant appropriate relief including
15compensatory damages.
16    (b) If the court finds that the agent is not acting for the
17benefit of the principal in accordance with the terms of the
18agency or that the agent's action or inaction has caused or
19threatens substantial harm to the principal's person or
20property in a manner not authorized or intended by the
21principal, the court may order a guardian of the principal's
22person or estate to exercise any powers of the principal under
23the agency, including the power to revoke the agency, or may
24enter such other orders without appointment of a guardian as

 

 

SB1518- 58 -LRB101 10209 LNS 55313 b

1the court deems necessary to provide for the best interests of
2the principal.
3    (c) If the court finds that the agency requires
4interpretation, the court may construe the agency and instruct
5the agent, but the court may not amend the agency.
6    (d) If the court finds that the agent has not acted for the
7benefit of the principal in accordance with the terms of the
8agency and the Illinois Power of Attorney Act, or that the
9agent's action caused or threatened substantial harm to the
10principal's person or property in a manner not authorized or
11intended by the principal, then the agent shall not be
12authorized to pay or be reimbursed from the estate of the
13principal the attorneys' fees and costs of the agent in
14defending a proceeding brought pursuant to this Section.
15    (e) Upon a finding that the agent's action has caused
16substantial harm to the principal's person or property, the
17court may assess against the agent reasonable costs and
18attorney's fees to a prevailing party who is a provider agency
19as defined in Section 2 of the Adult Protective Services Act, a
20representative of the Office of the State Long Term Care
21Ombudsman, the State Guardian, a public guardian, or a
22governmental agency having regulatory authority to protect the
23welfare of the principal.
24    (f) As used in this Section, the term "interested person"
25includes (1) the principal or the agent; (2) a guardian of the
26person, guardian of the estate, or other fiduciary charged with

 

 

SB1518- 59 -LRB101 10209 LNS 55313 b

1management of the principal's property; (3) the principal's
2spouse, parent, or descendant; (4) a person who would be a
3presumptive heir-at-law of the principal; (5) a person named as
4a beneficiary to receive any property, benefit, or contractual
5right upon the principal's death, or as a beneficiary of a
6trust created by or for the principal; (6) a provider agency as
7defined in Section 2 of the Adult Protective Services Act, a
8representative of the Office of the State Long Term Care
9Ombudsman, the State Guardian, a public guardian, or a
10governmental agency having regulatory authority to protect the
11welfare of the principal; and (7) the principal's caregiver or
12another person who demonstrates sufficient interest in the
13principal's welfare.
14    (g) Absent court order directing a guardian to exercise
15powers of the principal under the agency, a guardian will have
16no power, duty or liability with respect to any property
17subject to the agency or any personal or health care matters
18covered by the agency. If an agent seeks guardianship of the
19principal pursuant to the Probate Act of 1975, the petition for
20guardianship must delineate the specific powers to be granted
21to the guardian that are not already included in the power of
22attorney. The petition for temporary, limited, or plenary
23guardianship of the principal under the Probate Act of 1975 may
24include a prayer for relief to suspend a power of attorney or
25to revoke a power of attorney in accordance with subsection
26(b).

 

 

SB1518- 60 -LRB101 10209 LNS 55313 b

1    (h) Proceedings under this Section shall be commenced in
2the county where the guardian was appointed or, if no Illinois
3guardian is acting, then in the county where the agent or
4principal resides or where the principal owns real property.
5    (i) This Section shall not be construed to limit any other
6remedies available.
7(Source: P.A. 98-49, eff. 7-1-13; 98-562, eff. 8-27-13; 98-756,
8eff. 7-16-14.)

 

 

SB1518- 61 -LRB101 10209 LNS 55313 b

1 INDEX
2 Statutes amended in order of appearance
3    755 ILCS 5/11a-1from Ch. 110 1/2, par. 11a-1
4    755 ILCS 5/11a-3from Ch. 110 1/2, par. 11a-3
5    755 ILCS 5/11a-3.1
6    755 ILCS 5/11a-3.2
7    755 ILCS 5/11a-4from Ch. 110 1/2, par. 11a-4
8    755 ILCS 5/11a-5from Ch. 110 1/2, par. 11a-5
9    755 ILCS 5/11a-8from Ch. 110 1/2, par. 11a-8
10    755 ILCS 5/11a-10from Ch. 110 1/2, par. 11a-10
11    755 ILCS 5/11a-10.1from Ch. 110 1/2, par. 11a-10.1
12    755 ILCS 5/11a-12from Ch. 110 1/2, par. 11a-12
13    755 ILCS 5/11a-13.5 new
14    755 ILCS 5/11a-17from Ch. 110 1/2, par. 11a-17
15    755 ILCS 5/11a-17.1
16    755 ILCS 5/11a-18from Ch. 110 1/2, par. 11a-18
17    755 ILCS 5/11a-18.3
18    755 ILCS 5/11a-19from Ch. 110 1/2, par. 11a-19
19    755 ILCS 5/11a-20from Ch. 110 1/2, par. 11a-20
20    755 ILCS 5/13-1from Ch. 110 1/2, par. 13-1
21    755 ILCS 5/18-10from Ch. 110 1/2, par. 18-10
22    755 ILCS 5/19-2from Ch. 110 1/2, par. 19-2
23    755 ILCS 5/25-4from Ch. 110 1/2, par. 25-4
24    755 ILCS 5/27-1from Ch. 110 1/2, par. 27-1
25    755 ILCS 45/2-10from Ch. 110 1/2, par. 802-10