Illinois General Assembly - Full Text of HB0266
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Full Text of HB0266  102nd General Assembly


Sen. Jason A. Barickman

Filed: 5/6/2021





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2    AMENDMENT NO. ______. Amend House Bill 266 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Probate Act of 1975 is amended by changing
5Section 11a-17 as follows:
6    (755 ILCS 5/11a-17)  (from Ch. 110 1/2, par. 11a-17)
7    Sec. 11a-17. Duties of personal guardian.
8    (a) To the extent ordered by the court and under the
9direction of the court, the guardian of the person shall have
10custody of the ward and the ward's minor and adult dependent
11children and shall procure for them and shall make provision
12for their support, care, comfort, health, education and
13maintenance, and professional services as are appropriate, but
14the ward's spouse may not be deprived of the custody and
15education of the ward's minor and adult dependent children,
16without the consent of the spouse, unless the court finds that



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1the spouse is not a fit and competent person to have that
2custody and education. The guardian shall assist the ward in
3the development of maximum self-reliance and independence. The
4guardian of the person may petition the court for an order
5directing the guardian of the estate to pay an amount
6periodically for the provision of the services specified by
7the court order. If the ward's estate is insufficient to
8provide for education and the guardian of the ward's person
9fails to provide education, the court may award the custody of
10the ward to some other person for the purpose of providing
11education. If a person makes a settlement upon or provision
12for the support or education of a ward, the court may make an
13order for the visitation of the ward by the person making the
14settlement or provision as the court deems proper. A guardian
15of the person may not admit a ward to a mental health facility
16except at the ward's request as provided in Article IV of the
17Mental Health and Developmental Disabilities Code and unless
18the ward has the capacity to consent to such admission as
19provided in Article IV of the Mental Health and Developmental
20Disabilities Code.
21    (a-3) If a guardian of an estate has not been appointed,
22the guardian of the person may, without an order of court,
23open, maintain, and transfer funds to an ABLE account on
24behalf of the ward and the ward's minor and adult dependent
25children as specified under Section 16.6 of the State
26Treasurer Act.



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



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



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1personal or health care matters covered by the agency. This
2subsection (c) applies to all agencies, whenever and wherever
4    (d) A guardian acting as a surrogate decision maker under
5the Health Care Surrogate Act shall have all the rights of a
6surrogate under that Act without court order including the
7right to make medical treatment decisions such as decisions to
8forgo or withdraw life-sustaining treatment. Any decisions by
9the guardian to forgo or withdraw life-sustaining treatment
10that are not authorized under the Health Care Surrogate Act
11shall require a court order. Nothing in this Section shall
12prevent an agent acting under a power of attorney for health
13care from exercising his or her authority under the Illinois
14Power of Attorney Act without further court order, unless a
15court has acted under Section 2-10 of the Illinois Power of
16Attorney Act. If a guardian is also a health care agent for the
17ward under a valid power of attorney for health care, the
18guardian acting as agent may execute his or her authority
19under that act without further court order.
20    (e) Decisions made by a guardian on behalf of a ward shall
21be made in accordance with the following standards for
22decision making. The guardian shall consider the ward's
23current preferences to the extent the ward has the ability to
24participate in decision making when those preferences are
25known or reasonably ascertainable by the guardian. Decisions
26by the guardian shall conform to the ward's current



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1preferences: (1) unless the guardian reasonably believes that
2doing so would result in substantial harm to the ward's
3welfare or personal or financial interests; and (2) so long as
4such decisions give substantial weight Decisions made by a
5guardian on behalf of a ward may be made by conforming as
6closely as possible to what the ward, if competent, would have
7done or intended under the circumstances, taking into account
8evidence that includes, but is not limited to, the ward's
9personal, philosophical, religious and moral beliefs, and
10ethical values relative to the decision to be made by the
11guardian. Where possible, the guardian shall determine how the
12ward would have made a decision based on the ward's previously
13expressed preferences, and make decisions in accordance with
14the preferences of the ward. If the ward's wishes are unknown
15and remain unknown after reasonable efforts to discern them,
16or if the guardian reasonably believes that a decision made in
17conformity with the ward's preferences would result in
18substantial harm to the ward's welfare or personal or
19financial interests, the decision shall be made on the basis
20of the ward's best interests as determined by the guardian. In
21determining the ward's best interests, the guardian shall
22weigh the reason for and nature of the proposed action, the
23benefit or necessity of the action, the possible risks and
24other consequences of the proposed action, and any available
25alternatives and their risks, consequences and benefits, and
26shall take into account any other information, including the



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1views of family and friends, that the guardian believes the
2ward would have considered if able to act for herself or
4    (f) Upon petition by any interested person (including the
5standby or short-term guardian), with such notice to
6interested persons as the court directs and a finding by the
7court that it is in the best interest of the person with a
8disability, the court may terminate or limit the authority of
9a standby or short-term guardian or may enter such other
10orders as the court deems necessary to provide for the best
11interest of the person with a disability. The petition for
12termination or limitation of the authority of a standby or
13short-term guardian may, but need not, be combined with a
14petition to have another guardian appointed for the person
15with a disability.
16    (g)(1) Unless there is a court order to the contrary, the
17guardian, consistent with the standards set forth in
18subsection (e) of this Section, shall use reasonable efforts
19to notify the ward's known adult children, who have requested
20notification and provided contact information, of the ward's
21admission to a hospital or hospice program, the ward's death,
22and the arrangements for the disposition of the ward's
24    (2) If a guardian unreasonably prevents an adult child,
25spouse, adult grandchild, parent, or adult sibling of the ward
26from visiting the ward, the court, upon a verified petition,



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1may order the guardian to permit visitation between the ward
2and the adult child, spouse, adult grandchild, parent, or
3adult sibling. In making its determination, the court shall
4consider the standards set forth in subsection (e) of this
5Section. The court shall not allow visitation if the court
6finds that the ward has capacity to evaluate and communicate
7decisions regarding visitation and expresses a desire not to
8have visitation with the petitioner. This subsection (g) does
9not apply to duly appointed public guardians or the Office of
10State Guardian.
11(Source: P.A. 100-1054, eff. 1-1-19; 101-329, eff. 8-9-19.)
12    Section 99. Effective date. This Act takes effect upon
13becoming law.".