State of Illinois
91st General Assembly
Legislation

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[ Introduced ][ Engrossed ][ Senate Amendment 001 ]

91_SB0289enr

 
SB289 Enrolled                                LRB9100972DJcdA

 1        AN ACT to amend the  Probate  Act  of  1975  by  changing
 2    Section 11a-17.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section 5.   The  Probate  Act  of  1975  is  amended  by
 6    changing Section 11a-17 as follows:

 7        (755 ILCS 5/11a-17) (from Ch. 110 1/2, par. 11a-17)
 8        Sec. 11a-17.  Duties of personal guardian.
 9        (a)  To  the  extent  ordered  by the court and under the
10    direction of the court, the guardian of the person shall have
11    custody of the ward and the ward's minor and adult  dependent
12    children; shall procure for them and shall make provision for
13    their   support,   care,   comfort,   health,  education  and
14    maintenance, and professional services  as  are  appropriate,
15    but  the ward's spouse may not be deprived of the custody and
16    education of the ward's minor and adult  dependent  children,
17    without  the  consent  of  the spouse, unless the court finds
18    that the spouse is not a fit and  competent  person  to  have
19    that  custody  and  education.  The guardian shall assist the
20    ward  in  the  development  of  maximum   self-reliance   and
21    independence.  The  guardian  of  the person may petition the
22    court for an order directing the guardian of  the  estate  to
23    pay  an amount periodically for the provision of the services
24    specified by the  court  order.   If  the  ward's  estate  is
25    insufficient to provide for education and the guardian of the
26    ward's person fails to provide education, the court may award
27    the  custody of the ward to some other person for the purpose
28    of providing education.  If a person makes a settlement  upon
29    or  provision  for  the  support  or education of a ward, the
30    court may make an order for the visitation of the ward by the
31    person making the settlement or provision as the court  deems
 
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 1    proper.
 2        (a-5)  If  the  ward  filed a petition for dissolution of
 3    marriage under  the  Illinois  Marriage  and  Dissolution  of
 4    Marriage  Act  before  the  ward  was  adjudicated a disabled
 5    person under this Article, the guardian of the ward's  person
 6    and  estate  may  maintain  that  action  for  dissolution of
 7    marriage on behalf of the ward.
 8        (b)  If the court directs, the  guardian  of  the  person
 9    shall  file  with  the  court  at  intervals indicated by the
10    court, a report that shall state  briefly:  (1)  the  current
11    mental,  physical,  and  social condition of the ward and the
12    ward's minor and adult dependent children; (2) their  present
13    living  arrangement,  and  a  description  and the address of
14    every residence where they lived during the reporting  period
15    and  the  length  of stay at each place; (3) a summary of the
16    medical,  educational,  vocational,  and  other  professional
17    services given to them; (4) a resume of the guardian's visits
18    with and activities on behalf of  the  ward  and  the  ward's
19    minor  and  adult dependent children; (5) a recommendation as
20    to  the  need  for  continued  guardianship;  (6)  any  other
21    information requested by the court or useful in  the  opinion
22    of  the  guardian.  The  Office  of  the State Guardian shall
23    assist the guardian in filing the report  when  requested  by
24    the  guardian.   The  court  may take such action as it deems
25    appropriate pursuant to the report.
26        (c)  Absent court order pursuant to the Illinois Power of
27    Attorney Act directing a guardian to exercise powers  of  the
28    principal  under  an  agency  that  survives  disability, the
29    guardian has no power, duty, or liability with respect to any
30    personal or health care matters covered by the  agency.  This
31    subsection (c) applies to all agencies, whenever and wherever
32    executed.
33        (d)  A  guardian  acting  as  a  surrogate decision maker
34    under the Health Care Surrogate Act shall have all the rights
 
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 1    of a surrogate under that Act without court  order  including
 2    the  right  to  make  medical  treatment  decisions  such  as
 3    decisions to forgo or withdraw life-sustaining treatment. Any
 4    decisions    by   the   guardian   to   forgo   or   withdraw
 5    life-sustaining treatment that are not authorized  under  the
 6    Health  Care  Surrogate  Act  shall  require  a  court order.
 7    Nothing in this Section shall prevent an agent acting under a
 8    power of attorney for health care from exercising his or  her
 9    authority  under  the  Illinois Power of Attorney Act without
10    further court order, unless a court has acted  under  Section
11    2-10 of the Illinois Power of Attorney Act.  If a guardian is
12    also  a health care agent for the ward under a valid power of
13    attorney for health care, the guardian acting  as  agent  may
14    execute  his  or her authority under that act without further
15    court order.
16        (e)  Decisions made by a guardian on  behalf  of  a  ward
17    shall  be made in accordance with the following standards for
18    decision making. Decisions made by a guardian on behalf of  a
19    ward may be made by conforming as closely as possible to what
20    the ward, if competent, would have done or intended under the
21    circumstances,  taking  into  account evidence that includes,
22    but is not limited to, the  ward's  personal,  philosophical,
23    religious  and  moral beliefs, and ethical values relative to
24    the decision to be made by the guardian. Where possible,  the
25    guardian  shall  determine  how  the  ward  would have made a
26    decision   based   on   the   ward's   previously   expressed
27    preferences,  and  make  decisions  in  accordance  with  the
28    preferences of the ward. If the ward's wishes are unknown and
29    remain unknown after reasonable efforts to discern them,  the
30    decision  shall  be  made  on  the  basis  of the ward's best
31    interests as determined by the guardian. In  determining  the
32    ward's  best  interests,  the guardian shall weigh the reason
33    for and  nature  of  the  proposed  action,  the  benefit  or
34    necessity  of  the  action,  the  possible  risks  and  other
 
SB289 Enrolled              -4-               LRB9100972DJcdA
 1    consequences  of  the  proposed  action,  and  any  available
 2    alternatives  and their risks, consequences and benefits, and
 3    shall take into account any other information, including  the
 4    views  of  family and friends, that the guardian believes the
 5    ward would have considered if able  to  act  for  herself  or
 6    himself.
 7        (f)  Upon  petition  by  any interested person (including
 8    the standby or short-term  guardian),  with  such  notice  to
 9    interested  persons as the court directs and a finding by the
10    court that it is in the best interest of the disabled person,
11    the court may terminate or limit the authority of  a  standby
12    or  short-term guardian or may enter such other orders as the
13    court deems necessary to provide for the best interest of the
14    disabled person.  The petition  for termination or limitation
15    of the authority of a standby or short-term guardian may, but
16    need not,  be  combined  with  a  petition  to  have  another
17    guardian appointed for the disabled person.
18    (Source: P.A. 90-250, eff. 7-29-97; 90-796, eff. 12-15-98.)

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