103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4444

 

Introduced 1/16/2024, by Rep. Suzanne M. Ness

 

SYNOPSIS AS INTRODUCED:
 
750 ILCS 5/202  from Ch. 40, par. 202
750 ILCS 5/203  from Ch. 40, par. 203
755 ILCS 5/11a-17  from Ch. 110 1/2, par. 11a-17

    Amends the Illinois Marriage and Dissolution of Marriage Act. Requires the form for an application for a marriage license to include whether either party is under a court-ordered guardianship in any State in the United States. Provides that a county clerk shall issue a license to marry and a marriage certificate form, among other requirements, upon being furnished satisfactory proof that neither party to the marriage is under a court-ordered guardianship, or that if at least one party is under a court-ordered guardianship, there has been a judicial determination that the marriage is in the best interests of the person or persons under court-ordered guardianship. Amends the Guardians For Adults With Disabilities Article of the Probate Act of 1975. Requires the court, when determining whether a marriage is in the best interests of a ward, to follow (rather than consider) specified standards. Provides that if a best interests hearing is not held before a judicial officer prior to a ward entering into marriage, then the marriage is without legal effect and void ab initio. Provides that any person who knowingly enters a marriage with a ward without following the required procedures shall be guilty of a Class 4 felony.


LRB103 35718 LNS 65797 b

 

 

A BILL FOR

 

HB4444LRB103 35718 LNS 65797 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 Illinois Marriage and Dissolution of
5Marriage Act is amended by changing Sections 202 and 203 as
6follows:
 
7    (750 ILCS 5/202)  (from Ch. 40, par. 202)
8    Sec. 202. Marriage License and Marriage Certificate.)
9    (a) The Director of Public Health shall prescribe the form
10for an application for a marriage license, which shall include
11the following information:
12        (1) name, sex, occupation, address, social security
13    number, and date and place of birth of each party to the
14    proposed marriage;
15        (2) if either party was previously married, his name,
16    and the date, place, and court in which the marriage was
17    dissolved or declared invalid or the date and place of
18    death of the former spouse;
19        (3) name and address of the parents or guardian of
20    each party; and
21        (4) whether the parties are related to each other and,
22    if so, their relationship; and .
23        (5) whether either party is under a court-ordered

 

 

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1    guardianship in any state in the United States.
2    (b) The Director of Public Health shall prescribe the
3forms for the marriage license, the marriage certificate, and,
4when necessary, the consent to marriage.
5(Source: P.A. 80-923.)
 
6    (750 ILCS 5/203)  (from Ch. 40, par. 203)
7    Sec. 203. License to Marry. When a marriage application
8has been completed and signed by both parties to a prospective
9marriage and both parties have appeared before the county
10clerk and the marriage license fee has been paid, the county
11clerk shall issue a license to marry and a marriage
12certificate form upon being furnished:
13        (1) satisfactory proof that each party to the marriage
14    will have attained the age of 18 years at the time the
15    marriage license is effective or will have attained the
16    age of 16 years and has either the consent to the marriage
17    of both parents or his guardian or judicial approval;
18    provided, if one parent cannot be located in order to
19    obtain such consent and diligent efforts have been made to
20    locate that parent by the consenting parent, then the
21    consent of one parent plus a signed affidavit by the
22    consenting parent which (i) names the absent parent and
23    states that he or she cannot be located, and (ii) states
24    what diligent efforts have been made to locate the absent
25    parent, shall have the effect of both parents' consent for

 

 

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1    purposes of this Section;
2        (1.5) satisfactory proof that neither party to the
3    marriage is under a court-ordered guardianship, or that if
4    at least one party is under a court-ordered guardianship,
5    there has been a judicial determination, as described
6    under subsection (a-10) of Section 11a-17 of the Probate
7    Act of 1975, that the marriage is in the best interests of
8    the person or persons under court-ordered guardianship;
9        (2) satisfactory proof that the marriage is not
10    prohibited; and
11        (3) an affidavit or record as prescribed in
12    subparagraph (1) of Section 205 or a court order as
13    prescribed in subparagraph (2) of Section 205, if
14    applicable.
15    With each marriage license, the county clerk shall provide
16a pamphlet describing the causes and effects of fetal alcohol
17syndrome. At least annually, the county board shall submit to
18the Illinois Department of Public Health a report as to the
19county clerk's compliance with the requirement that the county
20clerk provide a pamphlet with each marriage license. All
21funding and production costs for the aforementioned
22educational pamphlets for distribution to each county clerk
23shall be provided by non-profit, non-sectarian statewide
24programs that provide education, advocacy, support, and
25prevention services pertaining to Fetal Alcohol Syndrome.
26(Source: P.A. 96-1323, eff. 1-1-11.)
 

 

 

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1    Section 10. The Probate Act of 1975 is amended by changing
2Section 11a-17 as follows:
 
3    (755 ILCS 5/11a-17)  (from Ch. 110 1/2, par. 11a-17)
4    Sec. 11a-17. Duties of personal guardian.
5    (a) To the extent ordered by the court and under the
6direction of the court, the guardian of the person shall have
7custody of the ward and the ward's minor and adult dependent
8children and shall procure for them and shall make provision
9for their support, care, comfort, health, education and
10maintenance, and professional services as are appropriate, but
11the ward's spouse may not be deprived of the custody and
12education of the ward's minor and adult dependent children,
13without the consent of the spouse, unless the court finds that
14the spouse is not a fit and competent person to have that
15custody and education. The guardian shall assist the ward in
16the development of maximum self-reliance and independence. The
17guardian of the person may petition the court for an order
18directing the guardian of the estate to pay an amount
19periodically for the provision of the services specified by
20the court order. If the ward's estate is insufficient to
21provide for education and the guardian of the ward's person
22fails to provide education, the court may award the custody of
23the ward to some other person for the purpose of providing
24education. If a person makes a settlement upon or provision

 

 

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1for the support or education of a ward, the court may make an
2order for the visitation of the ward by the person making the
3settlement or provision as the court deems proper. A guardian
4of the person may not admit a ward to a mental health facility
5except at the ward's request as provided in Article IV of the
6Mental Health and Developmental Disabilities Code and unless
7the ward has the capacity to consent to such admission as
8provided in Article IV of the Mental Health and Developmental
9Disabilities Code.
10    (a-3) If a guardian of an estate has not been appointed,
11the guardian of the person may, without an order of court,
12open, maintain, and transfer funds to an ABLE account on
13behalf of the ward and the ward's minor and adult dependent
14children as specified under Section 16.6 of the State
15Treasurer Act.
16    (a-5) If the ward filed a petition for dissolution of
17marriage under the Illinois Marriage and Dissolution of
18Marriage Act before the ward was adjudicated a person with a
19disability under this Article, the guardian of the ward's
20person and estate may maintain that action for dissolution of
21marriage on behalf of the ward. Upon petition by the guardian
22of the ward's person or estate, the court may authorize and
23direct a guardian of the ward's person or estate to file a
24petition for dissolution of marriage or to file a petition for
25legal separation or declaration of invalidity of marriage
26under the Illinois Marriage and Dissolution of Marriage Act on

 

 

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1behalf of the ward if the court finds by clear and convincing
2evidence that the relief sought is in the ward's best
3interests. In making its determination, the court shall
4consider the standards set forth in subsection (e) of this
5Section.
6    (a-10) Upon petition by the guardian of the ward's person
7or estate, the court may authorize and direct a guardian of the
8ward's person or estate to consent, on behalf of the ward, to
9the ward's marriage pursuant to Part II of the Illinois
10Marriage and Dissolution of Marriage Act if the court finds by
11clear and convincing evidence that the marriage is in the
12ward's best interests. In making its determination, the court
13must follow shall consider the standards set forth in
14subsection (e) of this Section. Upon presentation of a court
15order authorizing and directing a guardian of the ward's
16person and estate to consent to the ward's marriage, the
17county clerk shall accept the guardian's application,
18appearance, and signature on behalf of the ward for purposes
19of issuing a license to marry under Section 203 of the Illinois
20Marriage and Dissolution of Marriage Act. If a best interests
21hearing is not held before a judicial officer prior to the ward
22entering into marriage, then the marriage is without legal
23effect and void ab initio. Any person who knowingly enters a
24marriage with a ward without following the procedures of this
25subsection shall be guilty of a Class 4 felony.
26    (b) If the court directs, the guardian of the person shall

 

 

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1file with the court at intervals indicated by the court, a
2report that shall state briefly: (1) the current mental,
3physical, and social condition of the ward and the ward's
4minor and adult dependent children; (2) their present living
5arrangement, and a description and the address of every
6residence where they lived during the reporting period and the
7length of stay at each place; (3) a summary of the medical,
8educational, vocational, and other professional services given
9to them; (4) a resume of the guardian's visits with and
10activities on behalf of the ward and the ward's minor and adult
11dependent children; (5) a recommendation as to the need for
12continued guardianship; (6) any other information requested by
13the court or useful in the opinion of the guardian. The Office
14of the State Guardian shall assist the guardian in filing the
15report when requested by the guardian. The court may take such
16action as it deems appropriate pursuant to the report.
17    (c) Absent court order pursuant to the Illinois Power of
18Attorney Act directing a guardian to exercise powers of the
19principal under an agency that survives disability, the
20guardian has no power, duty, or liability with respect to any
21personal or health care matters covered by the agency. This
22subsection (c) applies to all agencies, whenever and wherever
23executed.
24    (d) A guardian acting as a surrogate decision maker under
25the Health Care Surrogate Act shall have all the rights of a
26surrogate under that Act without court order including the

 

 

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1right to make medical treatment decisions such as decisions to
2forgo or withdraw life-sustaining treatment. Any decisions by
3the guardian to forgo or withdraw life-sustaining treatment
4that are not authorized under the Health Care Surrogate Act
5shall require a court order. Nothing in this Section shall
6prevent an agent acting under a power of attorney for health
7care from exercising his or her authority under the Illinois
8Power of Attorney Act without further court order, unless a
9court has acted under Section 2-10 of the Illinois Power of
10Attorney Act. If a guardian is also a health care agent for the
11ward under a valid power of attorney for health care, the
12guardian acting as agent may execute his or her authority
13under that act without further court order.
14    (e) Decisions made by a guardian on behalf of a ward shall
15be made in accordance with the following standards for
16decision making. The guardian shall consider the ward's
17current preferences to the extent the ward has the ability to
18participate in decision making when those preferences are
19known or reasonably ascertainable by the guardian. Decisions
20by the guardian shall conform to the ward's current
21preferences: (1) unless the guardian reasonably believes that
22doing so would result in substantial harm to the ward's
23welfare or personal or financial interests; and (2) so long as
24such decisions give substantial weight to what the ward, if
25competent, would have done or intended under the
26circumstances, taking into account evidence that includes, but

 

 

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1is not limited to, the ward's personal, philosophical,
2religious and moral beliefs, and ethical values relative to
3the decision to be made by the guardian. Where possible, the
4guardian shall determine how the ward would have made a
5decision based on the ward's previously expressed preferences,
6and make decisions in accordance with the preferences of the
7ward. If the ward's wishes are unknown and remain unknown
8after reasonable efforts to discern them, or if the guardian
9reasonably believes that a decision made in conformity with
10the ward's preferences would result in substantial harm to the
11ward's welfare or personal or financial interests, the
12decision shall be made on the basis of the ward's best
13interests as determined by the guardian. In determining the
14ward's best interests, the guardian shall weigh the reason for
15and nature of the proposed action, the benefit or necessity of
16the action, the possible risks and other consequences of the
17proposed action, and any available alternatives and their
18risks, consequences and benefits, and shall take into account
19any other information, including the views of family and
20friends, that the guardian believes the ward would have
21considered if able to act for herself or himself.
22    (f) Upon petition by any interested person (including the
23standby or short-term guardian), with such notice to
24interested persons as the court directs and a finding by the
25court that it is in the best interests of the person with a
26disability, the court may terminate or limit the authority of

 

 

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1a standby or short-term guardian or may enter such other
2orders as the court deems necessary to provide for the best
3interests of the person with a disability. The petition for
4termination or limitation of the authority of a standby or
5short-term guardian may, but need not, be combined with a
6petition to have another guardian appointed for the person
7with a disability.
8    (g)(1) Unless there is a court order to the contrary, the
9guardian, consistent with the standards set forth in
10subsection (e) of this Section, shall use reasonable efforts
11to notify the ward's known adult children, who have requested
12notification and provided contact information, of the ward's
13admission to a hospital, hospice, or palliative care program,
14the ward's death, and the arrangements for the disposition of
15the ward's remains.
16    (2) If a guardian unreasonably prevents an adult child,
17spouse, adult grandchild, parent, or adult sibling of the ward
18from visiting the ward, the court, upon a verified petition,
19may order the guardian to permit visitation between the ward
20and the adult child, spouse, adult grandchild, parent, or
21adult sibling. In making its determination, the court shall
22consider the standards set forth in subsection (e) of this
23Section. The court shall not allow visitation if the court
24finds that the ward has capacity to evaluate and communicate
25decisions regarding visitation and expresses a desire not to
26have visitation with the petitioner. This subsection (g) does

 

 

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1not apply to duly appointed public guardians or the Office of
2State Guardian.
3(Source: P.A. 101-329, eff. 8-9-19; 102-72, eff. 1-1-22;
4102-258, eff. 8-6-21; 102-813, eff. 5-13-22.)