Public Act 101-0329
 
SB1387 EnrolledLRB101 08069 JRG 53132 b

    AN ACT concerning State government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The State Treasurer Act is amended by changing
Section 16.6 as follows:
 
    (15 ILCS 505/16.6)
    Sec. 16.6. ABLE account program.
    (a) As used in this Section:
    "ABLE account" or "account" means an account established
for the purpose of financing certain qualified expenses of
eligible individuals as specifically provided for in this
Section and authorized by Section 529A of the Internal Revenue
Code.
    "ABLE account plan" or "plan" means the savings account
plan provided for in this Section.
    "Account administrator" means the person or entity
selected by the State Treasurer to administer the daily
operations of the ABLE account plan and provide marketing,
recordkeeping, investment management, and other services for
the plan.
    "Aggregate account balance" means the amount in an account
on a particular date or the fair market value of an account on
a particular date.
    "Beneficiary" means the ABLE account owner.
    "Board" means the Illinois State Board of Investment.
    "Contracting state" means a state without a qualified ABLE
program which has entered into a contract with Illinois to
provide residents of the contracting state access to a
qualified ABLE program.
    "Designated representative" means a person who is
authorized to act on behalf of an account owner. An account
owner is authorized to act on his or her own behalf unless the
account owner is a minor or the account owner has been
adjudicated to have a disability so that a guardian has been
appointed. A designated representative acts in a fiduciary
capacity to the account owner. The State Treasurer shall
recognize the following a person as a designated representative
without appointment by a court in the following order of
priority:
        (1) The account owner's guardian of the person, plenary
    guardian of the estate, or the account owner's limited
    guardian of financial or contractual matters, or any other
    State-appointed guardian. A Any guardian acting in this
    capacity shall not be required to seek court approval for
    any ABLE account activity qualified distributions.
        (2) The agent named by the account owner in a property
    power of attorney recognized as a statutory short form
    power of attorney for property.
        (3) Such individual or entity that the account owner so
    designates in writing, in a manner to be established by the
    State Treasurer.
        (4) Such other individual or entity designated by the
    State Treasurer pursuant to its rules.
    "Disability certification" has the meaning given to that
term under Section 529A of the Internal Revenue Code.
    "Eligible individual" has the meaning given to that term
under Section 529A of the Internal Revenue Code.
    "Participation agreement" means an agreement to
participate in the ABLE account plan between an account owner
and the State, through its agencies and the State Treasurer.
    "Qualified disability expenses" has the meaning given to
that term under Section 529A of the Internal Revenue Code.
    "Qualified withdrawal" or "qualified distribution" means a
withdrawal from an ABLE account to pay the qualified disability
expenses of the beneficiary of the account.
    (b) Establishment of the ABLE Program. The "Achieving a
Better Life Experience" or "ABLE" account program is hereby
created and shall be administered by the State Treasurer. The
purpose of the ABLE program plan is to encourage and assist
individuals and families in saving private funds for the
purpose of supporting individuals with disabilities to
maintain health, independence, and quality of life, and to
provide secure funding for disability-related expenses on
behalf of designated beneficiaries with disabilities that will
supplement, but not supplant, benefits provided through
private insurance, federal and State medical and disability
insurance, the beneficiary's employment, and other sources.
Under the plan, a person may make contributions to an ABLE
account to meet the qualified disability expenses of the
designated beneficiary of the account. The plan must be
operated as an accounts-type plan that permits persons to save
for qualified disability expenses incurred by or on behalf of
an eligible individual.
    (c) Promotion of the ABLE Program. The State Treasurer
shall promote awareness of the availability and advantages of
the ABLE account plan as a way to assist individuals and
families in saving private funds for the purpose of supporting
individuals with disabilities. The cost of these promotional
efforts shall not be funded with fees imposed on participants
by the State Treasurer.
    The State Treasurer shall not accept contributions for ABLE
accounts under this Section until the Internal Revenue Service
has issued its final regulations or interim guidance concerning
ABLE accounts.
    A separate account must be maintained for each beneficiary
for whom contributions are made, and no more than one account
shall be established per beneficiary. If an ABLE account is
established for a designated beneficiary, no account
subsequently established for such beneficiary shall be treated
as an ABLE account. The preceding sentence shall not apply in
the case of an ABLE account established for purposes of a
rollover as permitted under Section 529A of the Internal
Revenue Code.
    (d) Availability of the ABLE Program. An ABLE account may
be established under this Section for a designated beneficiary
who is a resident of Illinois, a resident of a contracting
state, or a resident of any other state.
    Prior to the establishment of an ABLE account, an account
owner must provide documentation to the State Treasurer that
the account beneficiary is an eligible individual.
    Annual contributions to an ABLE account on behalf of a
beneficiary are subject to the requirements of subsection (b)
of Section 529A of the Internal Revenue Code. No person may
make a contribution to an ABLE account if such a contribution
would result in the aggregate account balance of an ABLE
account exceeding the account balance limit authorized under
Section 529A of the Internal Revenue Code. The Treasurer shall
review the contribution limit at least annually. A separate
account must be maintained for each beneficiary for whom
contributions are made, and no more than one account shall be
established per beneficiary. If an ABLE account is established
for a designated beneficiary, no account subsequently
established for such beneficiary shall be treated as an ABLE
account. The preceding sentence shall not apply in the case of
an ABLE account established for purposes of a rollover as
permitted under Sections 529 and 529A of the Internal Revenue
Code.
    (e) Administration of the ABLE Program. The State Treasurer
shall administer the plan, including accepting and processing
applications, maintaining account records, making payments,
and undertaking any other necessary tasks to administer the
plan, including the appointment of an account administrator.
The State Treasurer may contract with one or more third parties
to carry out some or all of these administrative duties,
including, but not limited to, providing investment management
services, incentives, and marketing the plan. The State
Treasurer may enter into agreements with other states to either
allow Illinois residents to participate in a plan operated by
another state or to allow residents of other states to
participate in the Illinois ABLE plan.
    (f) Fees. In designing and establishing the plan's
requirements and in negotiating or entering into contracts with
third parties under this Section, the State Treasurer shall
consult with the Board. The State Treasurer may shall establish
fees to be imposed on participants to cover recover the costs
of administration, recordkeeping, and investment management.
The State Treasurer must use his or her best efforts to keep
these fees as low as possible, consistent with efficient
administration.
    (g) The Illinois ABLE Accounts Administrative Fund. The
Illinois ABLE Accounts Administrative Fund is created as a
nonappropriated trust fund in the State treasury. The State
Treasurer shall use moneys in the Administrative Fund to pay
for administrative expenses he or she incurs in the performance
of his or her duties under this Section. The State Treasurer
shall use moneys in the Administrative Fund to cover
administrative expenses incurred under this Section. The
Administrative Fund may receive any grants or other moneys
designated for administrative purposes from the State, or any
unit of federal, state, or local government, or any other
person, firm, partnership, or corporation. Any interest
earnings that are attributable to moneys in the Administrative
Fund must be deposited into the Administrative Fund. Any fees
established by the State Treasurer to cover recover the costs
of administration, recordkeeping, and investment management
shall be deposited into the Administrative Fund.
    Subject to appropriation, the State Treasurer may pay
administrative costs associated with the creation and
management of the plan until sufficient assets are available in
the Administrative Fund for that purpose.
    (h) Privacy. Applications for accounts, account owner
data, account data, and data on beneficiaries of accounts are
confidential and exempt from disclosure under the Freedom of
Information Act.
    (c) The State Treasurer may invest the moneys in ABLE
accounts in the same manner and in the same types of
investments provided for the investment of moneys by the Board.
To enhance the safety and liquidity of ABLE accounts, to ensure
the diversification of the investment portfolio of accounts,
and in an effort to keep investment dollars in the State, the
State Treasurer may make a percentage of each account available
for investment in participating financial institutions doing
business in the State, except that the accounts may be invested
without limit in investment options from open-ended investment
companies registered under Section 80a of the federal
Investment Company Act of 1940. The State Treasurer may
contract with one or more third parties for investment
management, recordkeeping, or other services in connection
with investing the accounts.
    (i) Investment Policy. The Treasurer account administrator
shall annually prepare and adopt a written statement of
investment policy that includes a risk management and oversight
program which shall be reviewed annually and posted on the
Treasurer's website prior to implementation. The risk
management and oversight program shall be designed to ensure
that an effective risk management system is in place to monitor
the risk levels of the ABLE plan, to ensure that the risks
taken are prudent and properly managed, to provide an
integrated process for overall risk management, and to assess
investment returns as well as risk to determine if the risks
taken are adequately compensated compared to applicable
performance benchmarks and standards. To enhance the safety and
liquidity of ABLE accounts, to ensure the diversification of
the investment portfolio of accounts, and in an effort to keep
investment dollars in the State, the State Treasurer may make a
percentage of each account available for investment in
participating financial institutions doing business in the
State, except that the accounts may be invested without limit
in investment options from open-ended investment companies
registered under Section 80a of the federal Investment Company
Act of 1940. The State Treasurer may contract with one or more
third parties for investment management, recordkeeping, or
other services in connection with investing the accounts.
    The State Treasurer may enter into agreements with other
states to either allow Illinois residents to participate in a
plan operated by another state or to allow residents of other
states to participate in the Illinois ABLE plan.
    (j) Investment restrictions. (d) The State Treasurer shall
ensure that the plan meets the requirements for an ABLE account
under Section 529A of the Internal Revenue Code. The State
Treasurer may request a private letter ruling or rulings from
the Internal Revenue Service and must take any necessary steps
to ensure that the plan qualifies under relevant provisions of
federal law. Notwithstanding the foregoing, any determination
by the Secretary of the Treasury of the United States that an
account was utilized to make non-qualified distributions shall
not result in an ABLE account being disregarded as a resource.
    (k) Contributions. A person may make contributions to an
ABLE account on behalf of a beneficiary. Contributions to an
account made by persons other than the account owner become the
property of the account owner. Contributions to an account
shall be considered as a transfer of assets for fair market
value. A person does not acquire an interest in an ABLE account
by making contributions to an account. A contribution to any
account for a beneficiary must be rejected if the contribution
would cause either the aggregate or annual account balance of
the account to exceed the limits imposed by Section 529A of the
Internal Revenue Code.
    Any change in account owner must be done in a manner
consistent with Section 529A of the Internal Revenue Code.
    (l) Notice. Notice of any proposed amendments to the rules
and regulations shall be provided to all owners or their
designated representatives prior to adoption. Amendments to
rules and regulations shall apply only to contributions made
after the adoption of the amendment. Amendments to this Section
automatically amend the participation agreement. Any
amendments to the operating procedures and policies of the plan
shall automatically amend the participation agreement after
adoption by the State Treasurer.
    (m) Plan assets. All assets of the plan, including any
contributions to accounts, are held in trust for the exclusive
benefit of the account owner and shall be considered
spendthrift accounts exempt from all of the owner's creditors.
The plan shall provide separate accounting for each designated
beneficiary sufficient to satisfy the requirements of
paragraph (3) of subsection (b) of Section 529A of the Internal
Revenue Code. Assets must be held in either a state trust fund
outside the State treasury, to be known as the Illinois ABLE
plan trust fund, or in accounts with a third-party provider
selected pursuant to this Section. Amounts contributed to ABLE
accounts shall not be commingled with State funds and the State
shall have no claim to or against, or interest in, such funds.
    Plan assets are not subject to claims by creditors of the
State and are not subject to appropriation by the State.
Payments from the Illinois ABLE account plan shall be made
under this Section.
    The assets of ABLE accounts and their income may not be
used as security for a loan.
    (n) Taxation. The assets of ABLE accounts and their income
and operation shall be exempt from all taxation by the State of
Illinois and any of its subdivisions to the extent exempt from
federal income taxation. The accrued earnings on investments in
an ABLE account once disbursed on behalf of a designated
beneficiary shall be similarly exempt from all taxation by the
State of Illinois and its subdivisions to the extent exempt
from federal income taxation, so long as they are used for
qualified expenses.
    Notwithstanding any other provision of law that requires
consideration of one or more financial circumstances of an
individual, for the purpose of determining eligibility to
receive, or the amount of, any assistance or benefit authorized
by such provision to be provided to or for the benefit of such
individual, any amount, including earnings thereon, in the ABLE
account of such individual, any contributions to the ABLE
account of the individual, and any distribution for qualified
disability expenses shall be disregarded for such purpose with
respect to any period during which such individual maintains,
makes contributions to, or receives distributions from such
ABLE account.
    (o) Distributions. (e) The account owner or the designated
representative of the account owner may make request that a
qualified distribution be made for the benefit of the account
owner. Qualified distributions shall be made for qualified
disability expenses allowed pursuant to Section 529A of the
Internal Revenue Code. Qualified distributions must be
withdrawn proportionally from contributions and earnings in an
account owner's account on the date of distribution as provided
in Section 529A of the Internal Revenue Code. Unless prohibited
by federal law, upon the death of a designated beneficiary,
proceeds from an account may be transferred to the estate of a
designated beneficiary, or to an account for another eligible
individual specified by the designated beneficiary or the
estate of the designated beneficiary. An agency or
instrumentality of the State may not seek payment under
subsection (f) of Section 529A of the federal Internal Revenue
Code from the account or its proceeds for benefits provided to
a designated beneficiary.
    (p) Rules. (f) The State Treasurer may adopt rules to carry
out the purposes of this Section. The State Treasurer shall
further have the power to issue peremptory rules necessary to
ensure that ABLE accounts meet all of the requirements for a
qualified state ABLE program under Section 529A of the Internal
Revenue Code and any regulations issued by the Internal Revenue
Service.
(Source: P.A. 99-145, eff. 1-1-16; 99-563, eff. 7-15-16;
100-713, eff. 8-3-18.)
 
    Section 10. The Probate Act of 1975 is amended by changing
Sections 11-13, 11a-17, and 11a-18 as follows:
 
    (755 ILCS 5/11-13)  (from Ch. 110 1/2, par. 11-13)
    Sec. 11-13. Duties of guardian of a minor. Before a
guardian of a minor may act, the guardian shall be appointed by
the court of the proper county and, in the case of a guardian
of the minor's estate, the guardian shall give the bond
prescribed in Section 12-2. Except as provided in Section
11-13.1 and Section 11-13.2 with respect to the standby or
short-term guardian of the person of a minor, the court shall
have control over the person and estate of the ward. Under the
direction of the court:
    (a) The guardian of the person shall have the custody,
nurture and tuition and shall provide education of the ward and
of his children, but the ward's spouse may not be deprived of
the custody and education of the spouse's children, without
consent of the spouse, unless the court finds that the spouse
is not a fit and competent person to have such custody and
education. If the ward's estate is insufficient to provide for
the ward's education and the guardian of his person fails to
provide education, the court may award the custody of the ward
to some other person for the purpose of providing education. If
a person makes a settlement upon or provision for the support
or education of a ward and if either parent of the ward is
dead, the court may make such order for the visitation of the
ward by the person making the settlement or provision as the
court deems proper. The guardian of the minor shall inform the
court of the minor's current address by certified mail, hand
delivery, or other method in accordance with court rules within
30 days of any change of residence.
    (a-5) The guardian of estate, or the guardian of the person
if a guardian of the estate has not been appointed, may,
without an order of court, open, maintain, and transfer funds
to an ABLE account on behalf of the ward to provide for the
ward as specified under Section 16.6 of the State Treasurer
Act.
    (b) The guardian or other representative of the ward's
estate shall have the care, management and investment of the
estate, shall manage the estate frugally and shall apply the
income and principal of the estate so far as necessary for the
comfort and suitable support and education of the ward, his
children, and persons related by blood or marriage who are
dependent upon or entitled to support from him, or for any
other purpose which the court deems to be for the best
interests of the ward, and the court may approve the making on
behalf of the ward of such agreements as the court determines
to be for the ward's best interests. The representative may
make disbursement of his ward's funds and estate directly to
the ward or other distributee or in such other manner and in
such amounts as the court directs. If the estate of a ward is
derived in whole or in part from payments of compensation,
adjusted compensation, pension, insurance or other similar
benefits made directly to the estate by the Veterans
Administration, notice of the application for leave to invest
or expend the ward's funds or estate, together with a copy of
the petition and proposed order, shall be given to the
Veterans' Administration Regional Office in this State at least
7 days before the hearing on the application. The court, upon
petition of a guardian of the estate of a minor, may permit the
guardian to make a will or create a revocable or irrevocable
trust for the minor that the court considers appropriate in
light of changes in applicable tax laws that allow for
minimization of State or federal income, estate, or inheritance
taxes; however, the will or trust must make distributions only
to the persons who would be entitled to distributions if the
minor were to die intestate and the will or trust must make
distributions to those persons in the same amounts to which
they would be entitled if the minor were to die intestate.
    (c) Upon the direction of the court which issued his
letters a representative may perform the contracts of his ward
which were legally subsisting at the time of the commencement
of the guardianship. The court may authorize the guardian to
execute and deliver any bill of sale, deed or other instrument.
    (d) The representative of the estate of a ward shall appear
for and represent the ward in all legal proceedings unless
another person is appointed for that purpose as representative
or next friend. This does not impair the power of any court to
appoint a representative or next friend to defend the interests
of the ward in that court, or to appoint or allow any person as
the next friend of a ward to commence, prosecute or defend any
proceeding in his behalf. Any proceeding on behalf of a minor
may be commenced and prosecuted by his next friend, without any
previous authority or appointment by the court if the next
friend enters bond for costs and files it in the court where
the proceeding is pending. Without impairing the power of the
court in any respect, if the representative of the estate of a
minor and another person as next friend shall appear for and
represent the minor in a legal proceeding in which the
compensation of the attorney or attorneys representing the
guardian and next friend is solely determined under a
contingent fee arrangement, the guardian of the estate of the
minor shall not participate in or have any duty to review the
prosecution of the action, to participate in or review the
appropriateness of any settlement of the action, or to
participate in or review any determination of the
appropriateness of any fees awarded to the attorney or
attorneys employed in the prosecution of the action.
    (e) Upon petition by any interested person (including the
standby or short-term guardian), with such notice to interested
persons as the court directs and a finding by the court that it
is in the best interest of the minor, the court may terminate
or limit the authority of a standby or short-term guardian or
may enter such other orders as the court deems necessary to
provide for the best interest of the minor. The petition for
termination or limitation of the authority of a standby or
short-term guardian may, but need not, be combined with a
petition to have a guardian appointed for the minor.
    (f) The court may grant leave to the guardian of a minor
child or children to remove such child or children from
Illinois whenever such approval is in the best interests of
such child or children. The guardian may not remove a minor
from Illinois except as permitted under this Section and must
seek leave of the court prior to removing a child for 30 days
or more. The burden of proving that such removal is in the best
interests of such child or children is on the guardian. When
such removal is permitted, the court may require the guardian
removing such child or children from Illinois to give
reasonable security guaranteeing the return of such children.
    The court shall consider the wishes of the minor's parent
or parents and the effect of removal on visitation and the
wishes of the minor if he or she is 14 years of age or older.
The court may not consider the availability of electronic
communication as a factor in support of the removal of a child
by the guardian from Illinois. The guardianship order may
incorporate language governing removal of the minor from the
State. Any order for removal, including one incorporated into
the guardianship order, must include the date of the removal,
the reason for removal, and the proposed residential and
mailing address of the minor after removal. A copy of the order
must be provided to any parent whose location is known, within
3 days of entry, either by personal delivery or by certified
mail, return receipt requested.
    Before a minor child is temporarily removed from Illinois
for more than 48 hours but less than 30 days, the guardian
shall inform the parent or parents of the address and telephone
number where the child may be reached during the period of
temporary removal and the date on which the child shall return
to Illinois. The State of Illinois retains jurisdiction when
the minor child is absent from the State pursuant to this
subsection. The guardianship order may incorporate language
governing out-of-state travel with the minor.
(Source: P.A. 98-1082, eff. 1-1-15; 99-207, eff. 7-30-15.)
 
    (755 ILCS 5/11a-17)  (from Ch. 110 1/2, par. 11a-17)
    Sec. 11a-17. Duties of personal guardian.
    (a) To the extent ordered by the court and under the
direction of the court, the guardian of the person shall have
custody of the ward and the ward's minor and adult dependent
children and shall procure for them and shall make provision
for their support, care, comfort, health, education and
maintenance, and professional services as are appropriate, but
the ward's spouse may not be deprived of the custody and
education of the ward's minor and adult dependent children,
without the consent of the spouse, unless the court finds that
the spouse is not a fit and competent person to have that
custody and education. The guardian shall assist the ward in
the development of maximum self-reliance and independence. The
guardian of the person may petition the court for an order
directing the guardian of the estate to pay an amount
periodically for the provision of the services specified by the
court order. If the ward's estate is insufficient to provide
for education and the guardian of the ward's person fails to
provide education, the court may award the custody of the ward
to some other person for the purpose of providing education. If
a person makes a settlement upon or provision for the support
or education of a ward, the court may make an order for the
visitation of the ward by the person making the settlement or
provision as the court deems proper. A guardian of the person
may not admit a ward to a mental health facility except at the
ward's request as provided in Article IV of the Mental Health
and Developmental Disabilities Code and unless the ward has the
capacity to consent to such admission as provided in Article IV
of the Mental Health and Developmental Disabilities Code.
    (a-3) If a guardian of an estate has not been appointed,
the guardian of the person may, without an order of court,
open, maintain, and transfer funds to an ABLE account on behalf
of the ward and the ward's minor and adult dependent children
as specified under Section 16.6 of the State Treasurer Act.
    (a-5) If the ward filed a petition for dissolution of
marriage under the Illinois Marriage and Dissolution of
Marriage Act before the ward was adjudicated a person with a
disability under this Article, the guardian of the ward's
person and estate may maintain that action for dissolution of
marriage on behalf of the ward. Upon petition by the guardian
of the ward's person or estate, the court may authorize and
direct a guardian of the ward's person or estate to file a
petition for dissolution of marriage or to file a petition for
legal separation or declaration of invalidity of marriage under
the Illinois Marriage and Dissolution of Marriage Act on behalf
of the ward if the court finds by clear and convincing evidence
that the relief sought is in the ward's best interests. In
making its determination, the court shall consider the
standards set forth in subsection (e) of this Section.
    (a-10) Upon petition by the guardian of the ward's person
or estate, the court may authorize and direct a guardian of the
ward's person or estate to consent, on behalf of the ward, to
the ward's marriage pursuant to Part II of the Illinois
Marriage and Dissolution of Marriage Act if the court finds by
clear and convincing evidence that the marriage is in the
ward's best interests. In making its determination, the court
shall consider the standards set forth in subsection (e) of
this Section. Upon presentation of a court order authorizing
and directing a guardian of the ward's person and estate to
consent to the ward's marriage, the county clerk shall accept
the guardian's application, appearance, and signature on
behalf of the ward for purposes of issuing a license to marry
under Section 203 of the Illinois Marriage and Dissolution of
Marriage Act.
    (b) If the court directs, the guardian of the person shall
file with the court at intervals indicated by the court, a
report that shall state briefly: (1) the current mental,
physical, and social condition of the ward and the ward's minor
and adult dependent children; (2) their present living
arrangement, and a description and the address of every
residence where they lived during the reporting period and the
length of stay at each place; (3) a summary of the medical,
educational, vocational, and other professional services given
to them; (4) a resume of the guardian's visits with and
activities on behalf of the ward and the ward's minor and adult
dependent children; (5) a recommendation as to the need for
continued guardianship; (6) any other information requested by
the court or useful in the opinion of the guardian. The Office
of the State Guardian shall assist the guardian in filing the
report when requested by the guardian. The court may take such
action as it deems appropriate pursuant to the report.
    (c) Absent court order pursuant to the Illinois Power of
Attorney Act directing a guardian to exercise powers of the
principal under an agency that survives disability, the
guardian has no power, duty, or liability with respect to any
personal or health care matters covered by the agency. This
subsection (c) applies to all agencies, whenever and wherever
executed.
    (d) A guardian acting as a surrogate decision maker under
the Health Care Surrogate Act shall have all the rights of a
surrogate under that Act without court order including the
right to make medical treatment decisions such as decisions to
forgo or withdraw life-sustaining treatment. Any decisions by
the guardian to forgo or withdraw life-sustaining treatment
that are not authorized under the Health Care Surrogate Act
shall require a court order. Nothing in this Section shall
prevent an agent acting under a power of attorney for health
care from exercising his or her authority under the Illinois
Power of Attorney Act without further court order, unless a
court has acted under Section 2-10 of the Illinois Power of
Attorney Act. If a guardian is also a health care agent for the
ward under a valid power of attorney for health care, the
guardian acting as agent may execute his or her authority under
that act without further court order.
    (e) Decisions made by a guardian on behalf of a ward shall
be made in accordance with the following standards for decision
making. Decisions made by a guardian on behalf of a ward may be
made by conforming as closely as possible to what the ward, if
competent, would have done or intended under the circumstances,
taking into account evidence that includes, but is not limited
to, the ward's personal, philosophical, religious and moral
beliefs, and ethical values relative to the decision to be made
by the guardian. Where possible, the guardian shall determine
how the ward would have made a decision based on the ward's
previously expressed preferences, and make decisions in
accordance with the preferences of the ward. If the ward's
wishes are unknown and remain unknown after reasonable efforts
to discern them, the decision shall be made on the basis of the
ward's best interests as determined by the guardian. In
determining the ward's best interests, the guardian shall weigh
the reason for and nature of the proposed action, the benefit
or necessity of the action, the possible risks and other
consequences of the proposed action, and any available
alternatives and their risks, consequences and benefits, and
shall take into account any other information, including the
views of family and friends, that the guardian believes the
ward would have considered if able to act for herself or
himself.
    (f) Upon petition by any interested person (including the
standby or short-term guardian), with such notice to interested
persons as the court directs and a finding by the court that it
is in the best interest of the person with a disability, the
court may terminate or limit the authority of a standby or
short-term guardian or may enter such other orders as the court
deems necessary to provide for the best interest of the person
with a disability. The petition for termination or limitation
of the authority of a standby or short-term guardian may, but
need not, be combined with a petition to have another guardian
appointed for the person with a disability.
    (g)(1) Unless there is a court order to the contrary, the
guardian, consistent with the standards set forth in subsection
(e) of this Section, shall use reasonable efforts to notify the
ward's known adult children, who have requested notification
and provided contact information, of the ward's admission to a
hospital or hospice program, the ward's death, and the
arrangements for the disposition of the ward's remains.
    (2) If a guardian unreasonably prevents an adult child,
spouse, adult grandchild, parent, or adult sibling of the ward
from visiting the ward, the court, upon a verified petition,
may order the guardian to permit visitation between the ward
and the adult child, spouse, adult grandchild, parent, or adult
sibling. In making its determination, the court shall consider
the standards set forth in subsection (e) of this Section. The
court shall not allow visitation if the court finds that the
ward has capacity to evaluate and communicate decisions
regarding visitation and expresses a desire not to have
visitation with the petitioner. This subsection (g) does not
apply to duly appointed public guardians or the Office of State
Guardian.
(Source: P.A. 99-143, eff. 7-27-15; 99-821, eff. 1-1-17;
100-1054, eff. 1-1-19.)
 
    (755 ILCS 5/11a-18)  (from Ch. 110 1/2, par. 11a-18)
    Sec. 11a-18. Duties of the estate guardian.
    (a) To the extent specified in the order establishing the
guardianship, the guardian of the estate shall have the care,
management and investment of the estate, shall manage the
estate frugally and shall apply the income and principal of the
estate so far as necessary for the comfort and suitable support
and education of the ward, his minor and adult dependent
children, and persons related by blood or marriage who are
dependent upon or entitled to support from him, or for any
other purpose which the court deems to be for the best
interests of the ward, and the court may approve the making on
behalf of the ward of such agreements as the court determines
to be for the ward's best interests. The guardian may make
disbursement of his ward's funds and estate directly to the
ward or other distributee or in such other manner and in such
amounts as the court directs. If the estate of a ward is
derived in whole or in part from payments of compensation,
adjusted compensation, pension, insurance or other similar
benefits made directly to the estate by the Veterans
Administration, notice of the application for leave to invest
or expend the ward's funds or estate, together with a copy of
the petition and proposed order, shall be given to the
Veterans' Administration Regional Office in this State at least
7 days before the hearing on the application.
    (a-5) The probate court, upon petition of a guardian, other
than the guardian of a minor, and after notice to all other
persons interested as the court directs, may authorize the
guardian to exercise any or all powers over the estate and
business affairs of the ward that the ward could exercise if
present and not under disability. The court may authorize the
taking of an action or the application of funds not required
for the ward's current and future maintenance and support in
any manner approved by the court as being in keeping with the
ward's wishes so far as they can be ascertained. The court must
consider the permanence of the ward's disabling condition and
the natural objects of the ward's bounty. In ascertaining and
carrying out the ward's wishes the court may consider, but
shall not be limited to, minimization of State or federal
income, estate, or inheritance taxes; and providing gifts to
charities, relatives, and friends that would be likely
recipients of donations from the ward. The ward's wishes as
best they can be ascertained shall be carried out, whether or
not tax savings are involved. Actions or applications of funds
may include, but shall not be limited to, the following:
        (1) making gifts of income or principal, or both, of
    the estate, either outright or in trust;
        (2) conveying, releasing, or disclaiming his or her
    contingent and expectant interests in property, including
    marital property rights and any right of survivorship
    incident to joint tenancy or tenancy by the entirety;
        (3) releasing or disclaiming his or her powers as
    trustee, personal representative, custodian for minors, or
    guardian;
        (4) exercising, releasing, or disclaiming his or her
    powers as donee of a power of appointment;
        (5) entering into contracts;
        (6) creating for the benefit of the ward or others,
    revocable or irrevocable trusts of his or her property that
    may extend beyond his or her disability or life;
        (7) exercising options of the ward to purchase or
    exchange securities or other property;
        (8) exercising the rights of the ward to elect benefit
    or payment options, to terminate, to change beneficiaries
    or ownership, to assign rights, to borrow, or to receive
    cash value in return for a surrender of rights under any
    one or more of the following:
            (i) life insurance policies, plans, or benefits,
            (ii) annuity policies, plans, or benefits,
            (iii) mutual fund and other dividend investment
        plans,
            (iv) retirement, profit sharing, and employee
        welfare plans and benefits;
        (9) exercising his or her right to claim or disclaim an
    elective share in the estate of his or her deceased spouse
    and to renounce any interest by testate or intestate
    succession or by inter vivos transfer;
        (10) changing the ward's residence or domicile; or
        (11) modifying by means of codicil or trust amendment
    the terms of the ward's will or any revocable trust created
    by the ward, as the court may consider advisable in light
    of changes in applicable tax laws.
    The guardian in his or her petition shall briefly outline
the action or application of funds for which he or she seeks
approval, the results expected to be accomplished thereby, and
the tax savings, if any, expected to accrue. The proposed
action or application of funds may include gifts of the ward's
personal property or real estate, but transfers of real estate
shall be subject to the requirements of Section 20 of this Act.
Gifts may be for the benefit of prospective legatees, devisees,
or heirs apparent of the ward or may be made to individuals or
charities in which the ward is believed to have an interest.
The guardian shall also indicate in the petition that any
planned disposition is consistent with the intentions of the
ward insofar as they can be ascertained, and if the ward's
intentions cannot be ascertained, the ward will be presumed to
favor reduction in the incidents of various forms of taxation
and the partial distribution of his or her estate as provided
in this subsection. The guardian shall not, however, be
required to include as a beneficiary or fiduciary any person
who he has reason to believe would be excluded by the ward. A
guardian shall be required to investigate and pursue a ward's
eligibility for governmental benefits.
    (a-6) The guardian may, without an order of court, open,
maintain, and transfer funds to an ABLE account on behalf of
the ward and the ward's minor and adult dependent children as
specified under Section 16.6 of the State Treasurer Act.
    (b) Upon the direction of the court which issued his
letters, a guardian may perform the contracts of his ward which
were legally subsisting at the time of the commencement of the
ward's disability. The court may authorize the guardian to
execute and deliver any bill of sale, deed or other instrument.
    (c) The guardian of the estate of a ward shall appear for
and represent the ward in all legal proceedings unless another
person is appointed for that purpose as guardian or next
friend. This does not impair the power of any court to appoint
a guardian ad litem or next friend to defend the interests of
the ward in that court, or to appoint or allow any person as
the next friend of a ward to commence, prosecute or defend any
proceeding in his behalf. Without impairing the power of the
court in any respect, if the guardian of the estate of a ward
and another person as next friend shall appear for and
represent the ward in a legal proceeding in which the
compensation of the attorney or attorneys representing the
guardian and next friend is solely determined under a
contingent fee arrangement, the guardian of the estate of the
ward shall not participate in or have any duty to review the
prosecution of the action, to participate in or review the
appropriateness of any settlement of the action, or to
participate in or review any determination of the
appropriateness of any fees awarded to the attorney or
attorneys employed in the prosecution of the action.
    (d) Adjudication of disability shall not revoke or
otherwise terminate a trust which is revocable by the ward. A
guardian of the estate shall have no authority to revoke a
trust that is revocable by the ward, except that the court may
authorize a guardian to revoke a Totten trust or similar
deposit or withdrawable capital account in trust to the extent
necessary to provide funds for the purposes specified in
paragraph (a) of this Section. If the trustee of any trust for
the benefit of the ward has discretionary power to apply income
or principal for the ward's benefit, the trustee shall not be
required to distribute any of the income or principal to the
guardian of the ward's estate, but the guardian may bring an
action on behalf of the ward to compel the trustee to exercise
the trustee's discretion or to seek relief from an abuse of
discretion. This paragraph shall not limit the right of a
guardian of the estate to receive accountings from the trustee
on behalf of the ward.
    (d-5) Upon a verified petition by the plenary or limited
guardian of the estate or the request of the ward that is
accompanied by a current physician's report that states the
ward possesses testamentary capacity, the court may enter an
order authorizing the ward to execute a will or codicil. In so
ordering, the court shall authorize the guardian to retain
independent counsel for the ward with whom the ward may execute
or modify a will or codicil.
    (e) Absent court order pursuant to the Illinois Power of
Attorney Act directing a guardian to exercise powers of the
principal under an agency that survives disability, the
guardian will have no power, duty or liability with respect to
any property subject to the agency. This subsection (e) applies
to all agencies, whenever and wherever executed.
    (f) Upon petition by any interested person (including the
standby or short-term guardian), with such notice to interested
persons as the court directs and a finding by the court that it
is in the best interest of the person with a disability, the
court may terminate or limit the authority of a standby or
short-term guardian or may enter such other orders as the court
deems necessary to provide for the best interest of the person
with a disability. The petition for termination or limitation
of the authority of a standby or short-term guardian may, but
need not, be combined with a petition to have another guardian
appointed for the person with a disability.
(Source: P.A. 99-143, eff. 7-27-15; 99-302, eff. 1-1-16;
99-642, eff. 7-28-16.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.