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| [ Engrossed ] | [ Enrolled ] | [ Senate Amendment 001 ] |
90_HB1252
755 ILCS 5/11a-4 from Ch. 110 1/2, par. 11a-4
755 ILCS 5/11a-14.1 from Ch. 110 1/2, par. 11a-14.1
755 ILCS 5/11a-17 from Ch. 110 1/2, par. 11a-17
Amends the Guardians for Disabled Adults Article of the
Probate Act of 1975. Provides that a temporary guardian may
be appointed for a disabled adult pending the completion of a
citation hearing for the removal of a representative.
Exempts Public Guardians and the office of State Guardian
from provisions prohibiting a guardian from placing a ward in
a residential facility without court order. Sets forth
standards for residential placement decisions for a ward.
Provides that any decision by the guardian to forgo or
withdraw life-sustaining treatment that is not authorized
under the Health Care Surrogate Act shall require a court
order, unless the guardian is also a health care agent for
the ward under a valid power of attorney for health care.
Sets forth standards for lawful decision-making by a guardian
on behalf of a ward without court review. Effective
immediately.
LRB9000014SMdvB
LRB9000014SMdvB
1 AN ACT to amend the Probate Act of 1975 by changing
2 Sections 11a-4, 11a-14.1, and 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 Sections 11a-4, 11a-14.1, and 11a-17 as follows:
7 (755 ILCS 5/11a-4) (from Ch. 110 1/2, par. 11a-4)
8 Sec. 11a-4. Temporary guardian.) Prior to the
9 appointment of a guardian under this Article, or pending an
10 appeal in relation to the appointment, or pending the
11 completion of a citation proceeding brought pursuant to
12 Section 23-3 of this Act, the court may appoint a temporary
13 guardian upon a showing of the necessity therefor for the
14 immediate welfare and protection of the alleged disabled
15 person or his estate on such notice and subject to such
16 conditions as the court may prescribe. In determining the
17 necessity for temporary guardianship, the immediate welfare
18 and protection of the alleged disabled person and his or her
19 estate shall be of paramount concern, and the interests of
20 the petitioner, any care provider, or any other party shall
21 not outweigh the interests of the alleged disabled person.
22 The temporary guardian shall have all of the powers and
23 duties of a guardian of the person or of the estate which are
24 specifically enumerated by court order. The court order shall
25 state the actual harm identified by the court that
26 necessitates temporary guardianship. The temporary
27 guardianship shall expire within 60 days after the
28 appointment or whenever a guardian is regularly appointed,
29 whichever occurs first. Except pending the disposition on
30 appeal of an adjudication of disability, no extension shall
31 be granted. However, the ward shall have the right any time
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1 after the appointment of a temporary guardian is made to
2 petition the court to revoke the appointment of the temporary
3 guardian.
4 (Source: P.A. 89-396, eff. 8-20-95.)
5 (755 ILCS 5/11a-14.1) (from Ch. 110 1/2, par. 11a-14.1)
6 Sec. 11a-14.1. Residential placement.) No guardian
7 appointed under this Article, except for duly appointed
8 Public Guardians and the Office of State Guardian, shall have
9 the power, unless specified by court order, to place his ward
10 in a residential facility. The guardianship order may
11 specify the conditions on which the guardian may admit the
12 ward to a residential facility without further court order.
13 In making residential placement decisions, the guardian shall
14 make decisions in conformity with the preferences of the ward
15 unless the guardian is reasonably certain that the decisions
16 will result in substantial harm to the ward or to the ward's
17 estate. When the preferences of the ward cannot be
18 ascertained or where they will result in substantial harm to
19 the ward or to the ward's estate, the guardian shall make
20 decisions with respect to the ward's placement which are in
21 the best interests of the ward. The guardian shall not remove
22 the ward from his or her home or separate the ward from
23 family and friends unless such removal is necessary to
24 prevent substantial harm to the ward or to the ward's estate.
25 The guardian shall have a duty to investigate the
26 availability of reasonable residential alternatives. The
27 guardian shall monitor the placement of the ward on an
28 on-going basis to ensure its continued appropriateness, and
29 shall pursue appropriate alternatives as needed.
30 (Source: P.A. 80-1415.)
31 (755 ILCS 5/11a-17) (from Ch. 110 1/2, par. 11a-17)
32 Sec. 11a-17. Duties of personal guardian.
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1 (a) To the extent ordered by the court and under the
2 direction of the court, the guardian of the person shall have
3 custody of the ward and the ward's minor and adult dependent
4 children; shall procure for them and shall make provision for
5 their support, care, comfort, health, education and
6 maintenance, and professional services as are appropriate,
7 but the ward's spouse may not be deprived of the custody and
8 education of the ward's minor and adult dependent children,
9 without the consent of the spouse, unless the court finds
10 that the spouse is not a fit and competent person to have
11 that custody and education. The guardian shall assist the
12 ward in the development of maximum self-reliance and
13 independence. The guardian of the person may petition the
14 court for an order directing the guardian of the estate to
15 pay an amount periodically for the provision of the services
16 specified by the court order. If the ward's estate is
17 insufficient to provide for education and the guardian of the
18 ward's person fails to provide education, the court may award
19 the custody of the ward to some other person for the purpose
20 of providing education. If a person makes a settlement upon
21 or provision for the support or education of a ward, the
22 court may make an order for the visitation of the ward by the
23 person making the settlement or provision as the court deems
24 proper.
25 (b) If the court directs, the guardian of the person
26 shall file with the court at intervals indicated by the
27 court, a report that shall state briefly: (1) the current
28 mental, physical, and social condition of the ward and the
29 ward's minor and adult dependent children; (2) their present
30 living arrangement, and a description and the address of
31 every residence where they lived during the reporting period
32 and the length of stay at each place; (3) a summary of the
33 medical, educational, vocational, and other professional
34 services given to them; (4) a resume of the guardian's visits
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1 with and activities on behalf of the ward and the ward's
2 minor and adult dependent children; (5) a recommendation as
3 to the need for continued guardianship; (6) any other
4 information requested by the court or useful in the opinion
5 of the guardian. The Office of the State Guardian shall
6 assist the guardian in filing the report when requested by
7 the guardian. The court may take such action as it deems
8 appropriate pursuant to the report.
9 (c) Absent court order pursuant to the Illinois Power of
10 Attorney Act directing a guardian to exercise powers of the
11 principal under an agency that survives disability, the
12 guardian has no power, duty, or liability with respect to any
13 personal or health care matters covered by the agency. This
14 subsection (c) applies to all agencies, whenever and wherever
15 executed.
16 (d) A guardian acting as a surrogate decision maker
17 under the Health Care Surrogate Act shall have all the rights
18 of a surrogate under that Act without court order including
19 the right to make medical treatment decisions such as
20 decisions to forgo or withdraw life-sustaining treatment. Any
21 decisions by the guardian to forgo or withdraw
22 life-sustaining treatment that are not authorized under the
23 Health Care Surrogate Act shall require a court order.
24 Nothing in this Section shall prevent an agent acting under a
25 power of attorney for health care from exercising his or her
26 authority under the Illinois Power of Attorney Act without
27 further court order, unless a court has acted under Section
28 2-10 of the Illinois Power of Attorney Act. If a guardian is
29 also a health care agent for the ward under a valid power of
30 attorney for health care, the guardian acting as agent may
31 execute his or her authority under that act without further
32 court order.
33 (e) Decisions made by a guardian on behalf of a ward are
34 lawful, without court review, if the decisions are made in
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1 accordance with the following standards for decision making.
2 Decisions made by a guardian on behalf of a ward may be made
3 by conforming as closely as possible to what the ward, if
4 competent, would have done or intended under the
5 circumstances, taking into account evidence that includes,
6 but is not limited to, the ward's personal, philosophical,
7 religious and moral beliefs, and ethical values relative to
8 the decision to be made by the guardian. Where possible, the
9 guardian shall determine how the ward would have made a
10 decision based on the ward's previously expressed
11 preferences, and make decisions in accordance with the
12 preferences of the ward. If the ward's wishes are unknown and
13 remain unknown after reasonable efforts to discern them, the
14 decision shall be made on the basis of the ward's best
15 interests as determined by the guardian. In determining the
16 ward's best interests, the guardian shall weigh the reason
17 for and nature of the proposed action, the benefit or
18 necessity of the action, the possible risks and other
19 consequences of the proposed action, and any available
20 alternatives and their risks, consequences and benefits, and
21 shall take into account any other information, including the
22 views of family and friends, that the guardian believes the
23 ward would have considered if able to act for herself or
24 himself.
25 (Source: P.A. 87-749.)
26 Section 99. Effective date. This Act takes effect upon
27 becoming law.