(755 ILCS 5/11a-16) (from Ch. 110 1/2, par. 11a-16)
Sec. 11a-16. Testamentary guardian.) A parent of a person with a disability may
designate
by will a person, corporation or public agency qualified to act under
Section 11a-5, to be appointed as guardian or as successor guardian of the
person or of the estate or both of that person. If a conservator appointed
under a prior law or a guardian appointed under this Article is acting at
the time of the death of the parent, the designation shall become effective
only upon the death, incapacity, resignation or removal of the conservator
or guardian. If no conservator or guardian is acting at the time of the
death of the parent, the person, corporation or public agency so designated
or any other person may petition the court having jurisdiction over the
person or estate or both of the child for the appointment of the one so
designated. The designation shall be proved in the manner provided for
proof of will. Admission of the will to probate in any other jurisdiction
shall be conclusive proof of the validity of the designation. If the court
finds that the appointment of the one so designated will serve the best
interests and welfare of the ward, it shall appoint the one so designated.
The selection of a guardian shall be in the discretion of the court, whether
or not a designation is made.
(Source: P.A. 99-143, eff. 7-27-15.)
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