Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2758 Compare Versions

Only one version of the bill is available at this time.

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1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2758 Introduced 1/16/2024, by Sen. Karina Villa SYNOPSIS AS INTRODUCED: 755 ILCS 5/11a-17 from Ch. 110 1/2, par. 11a-17 Amends the Probate Act of 1975. Allows a ward in guardianship to get married who understands the nature, effect, duties, and obligations of marriage. Prior consent of the guardian of the person or estate or approval of the court is not required for the ward to enter into a marriage. A guardian may contest the validity of the marriage pursuant to Sections 301 and 302 of Illinois Marriage and Dissolution of Marriage Act. LRB103 36614 JRC 66723 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2758 Introduced 1/16/2024, by Sen. Karina Villa SYNOPSIS AS INTRODUCED: 755 ILCS 5/11a-17 from Ch. 110 1/2, par. 11a-17 755 ILCS 5/11a-17 from Ch. 110 1/2, par. 11a-17 Amends the Probate Act of 1975. Allows a ward in guardianship to get married who understands the nature, effect, duties, and obligations of marriage. Prior consent of the guardian of the person or estate or approval of the court is not required for the ward to enter into a marriage. A guardian may contest the validity of the marriage pursuant to Sections 301 and 302 of Illinois Marriage and Dissolution of Marriage Act. LRB103 36614 JRC 66723 b LRB103 36614 JRC 66723 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2758 Introduced 1/16/2024, by Sen. Karina Villa SYNOPSIS AS INTRODUCED:
3	3	755 ILCS 5/11a-17 from Ch. 110 1/2, par. 11a-17 755 ILCS 5/11a-17 from Ch. 110 1/2, par. 11a-17
4	4	755 ILCS 5/11a-17 from Ch. 110 1/2, par. 11a-17
5	5	Amends the Probate Act of 1975. Allows a ward in guardianship to get married who understands the nature, effect, duties, and obligations of marriage. Prior consent of the guardian of the person or estate or approval of the court is not required for the ward to enter into a marriage. A guardian may contest the validity of the marriage pursuant to Sections 301 and 302 of Illinois Marriage and Dissolution of Marriage Act.
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8	8	A BILL FOR
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11	11	1 AN ACT concerning civil law.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Probate Act of 1975 is amended by changing
15	15	5 Section 11a-17 as follows:
16	16	6 (755 ILCS 5/11a-17) (from Ch. 110 1/2, par. 11a-17)
17	17	7 Sec. 11a-17. Duties of personal guardian.
18	18	8 (a) To the extent ordered by the court and under the
19	19	9 direction of the court, the guardian of the person shall have
20	20	10 custody of the ward and the ward's minor and adult dependent
21	21	11 children and shall procure for them and shall make provision
22	22	12 for their support, care, comfort, health, education and
23	23	13 maintenance, and professional services as are appropriate, but
24	24	14 the ward's spouse may not be deprived of the custody and
25	25	15 education of the ward's minor and adult dependent children,
26	26	16 without the consent of the spouse, unless the court finds that
27	27	17 the spouse is not a fit and competent person to have that
28	28	18 custody and education. The guardian shall assist the ward in
29	29	19 the development of maximum self-reliance and independence. The
30	30	20 guardian of the person may petition the court for an order
31	31	21 directing the guardian of the estate to pay an amount
32	32	22 periodically for the provision of the services specified by
33	33	23 the court order. If the ward's estate is insufficient to
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2758 Introduced 1/16/2024, by Sen. Karina Villa SYNOPSIS AS INTRODUCED:
38	38	755 ILCS 5/11a-17 from Ch. 110 1/2, par. 11a-17 755 ILCS 5/11a-17 from Ch. 110 1/2, par. 11a-17
39	39	755 ILCS 5/11a-17 from Ch. 110 1/2, par. 11a-17
40	40	Amends the Probate Act of 1975. Allows a ward in guardianship to get married who understands the nature, effect, duties, and obligations of marriage. Prior consent of the guardian of the person or estate or approval of the court is not required for the ward to enter into a marriage. A guardian may contest the validity of the marriage pursuant to Sections 301 and 302 of Illinois Marriage and Dissolution of Marriage Act.
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43	43	A BILL FOR
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49	49	755 ILCS 5/11a-17 from Ch. 110 1/2, par. 11a-17
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68	68	1 provide for education and the guardian of the ward's person
69	69	2 fails to provide education, the court may award the custody of
70	70	3 the ward to some other person for the purpose of providing
71	71	4 education. If a person makes a settlement upon or provision
72	72	5 for the support or education of a ward, the court may make an
73	73	6 order for the visitation of the ward by the person making the
74	74	7 settlement or provision as the court deems proper. A guardian
75	75	8 of the person may not admit a ward to a mental health facility
76	76	9 except at the ward's request as provided in Article IV of the
77	77	10 Mental Health and Developmental Disabilities Code and unless
78	78	11 the ward has the capacity to consent to such admission as
79	79	12 provided in Article IV of the Mental Health and Developmental
80	80	13 Disabilities Code.
81	81	14 (a-3) If a guardian of an estate has not been appointed,
82	82	15 the guardian of the person may, without an order of court,
83	83	16 open, maintain, and transfer funds to an ABLE account on
84	84	17 behalf of the ward and the ward's minor and adult dependent
85	85	18 children as specified under Section 16.6 of the State
86	86	19 Treasurer Act.
87	87	20 (a-5) If the ward filed a petition for dissolution of
88	88	21 marriage under the Illinois Marriage and Dissolution of
89	89	22 Marriage Act before the ward was adjudicated a person with a
90	90	23 disability under this Article, the guardian of the ward's
91	91	24 person and estate may maintain that action for dissolution of
92	92	25 marriage on behalf of the ward. Upon petition by the guardian
93	93	26 of the ward's person or estate, the court may authorize and
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104	104	1 direct a guardian of the ward's person or estate to file a
105	105	2 petition for dissolution of marriage or to file a petition for
106	106	3 legal separation or declaration of invalidity of marriage
107	107	4 under the Illinois Marriage and Dissolution of Marriage Act on
108	108	5 behalf of the ward if the court finds by clear and convincing
109	109	6 evidence that the relief sought is in the ward's best
110	110	7 interests. In making its determination, the court shall
111	111	8 consider the standards set forth in subsection (e) of this
112	112	9 Section.
113	113	10 (a-10) A ward who understands the nature, effect, duties,
114	114	11 and obligations of marriage retains the fundamental right to
115	115	12 marry. Prior consent of the guardian of the person or estate or
116	116	13 approval of the court is not required for the ward to enter
117	117	14 into a marriage. A ward, guardian of the person, or guardian of
118	118	15 the estate may seek judicial approval or ratification of a
119	119	16 marriage pursuant to a petition to the court. Upon petition by
120	120	17 the guardian of the ward's person or estate, the court may
121	121	18 authorize and direct a guardian of the ward's person or estate
122	122	19 to consent, on behalf of the ward, to the ward's marriage
123	123	20 pursuant to Part II of the Illinois Marriage and Dissolution
124	124	21 of Marriage Act if the court finds by clear and convincing
125	125	22 evidence that the marriage is in the ward's best interests. In
126	126	23 making its determination, the court shall consider the
127	127	24 standards set forth in subsection (e) of this Section. A
128	128	25 guardian may contest the validity of a marriage pursuant to
129	129	26 Sections 301 and 302 of Illinois Marriage and Dissolution of
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140	140	1 Marriage Act. Upon presentation of a court order authorizing
141	141	2 and directing a guardian of the ward's person and estate to
142	142	3 consent to the ward's marriage, the county clerk shall accept
143	143	4 the guardian's application, appearance, and signature on
144	144	5 behalf of the ward for purposes of issuing a license to marry
145	145	6 under Section 203 of the Illinois Marriage and Dissolution of
146	146	7 Marriage Act.
147	147	8 (b) If the court directs, the guardian of the person shall
148	148	9 file with the court at intervals indicated by the court, a
149	149	10 report that shall state briefly: (1) the current mental,
150	150	11 physical, and social condition of the ward and the ward's
151	151	12 minor and adult dependent children; (2) their present living
152	152	13 arrangement, and a description and the address of every
153	153	14 residence where they lived during the reporting period and the
154	154	15 length of stay at each place; (3) a summary of the medical,
155	155	16 educational, vocational, and other professional services given
156	156	17 to them; (4) a resume of the guardian's visits with and
157	157	18 activities on behalf of the ward and the ward's minor and adult
158	158	19 dependent children; (5) a recommendation as to the need for
159	159	20 continued guardianship; (6) any other information requested by
160	160	21 the court or useful in the opinion of the guardian. The Office
161	161	22 of the State Guardian shall assist the guardian in filing the
162	162	23 report when requested by the guardian. The court may take such
163	163	24 action as it deems appropriate pursuant to the report.
164	164	25 (c) Absent court order pursuant to the Illinois Power of
165	165	26 Attorney Act directing a guardian to exercise powers of the
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176	176	1 principal under an agency that survives disability, the
177	177	2 guardian has no power, duty, or liability with respect to any
178	178	3 personal or health care matters covered by the agency. This
179	179	4 subsection (c) applies to all agencies, whenever and wherever
180	180	5 executed.
181	181	6 (d) A guardian acting as a surrogate decision maker under
182	182	7 the Health Care Surrogate Act shall have all the rights of a
183	183	8 surrogate under that Act without court order including the
184	184	9 right to make medical treatment decisions such as decisions to
185	185	10 forgo or withdraw life-sustaining treatment. Any decisions by
186	186	11 the guardian to forgo or withdraw life-sustaining treatment
187	187	12 that are not authorized under the Health Care Surrogate Act
188	188	13 shall require a court order. Nothing in this Section shall
189	189	14 prevent an agent acting under a power of attorney for health
190	190	15 care from exercising his or her authority under the Illinois
191	191	16 Power of Attorney Act without further court order, unless a
192	192	17 court has acted under Section 2-10 of the Illinois Power of
193	193	18 Attorney Act. If a guardian is also a health care agent for the
194	194	19 ward under a valid power of attorney for health care, the
195	195	20 guardian acting as agent may execute his or her authority
196	196	21 under that act without further court order.
197	197	22 (e) Decisions made by a guardian on behalf of a ward shall
198	198	23 be made in accordance with the following standards for
199	199	24 decision making. The guardian shall consider the ward's
200	200	25 current preferences to the extent the ward has the ability to
201	201	26 participate in decision making when those preferences are
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212	212	1 known or reasonably ascertainable by the guardian. Decisions
213	213	2 by the guardian shall conform to the ward's current
214	214	3 preferences: (1) unless the guardian reasonably believes that
215	215	4 doing so would result in substantial harm to the ward's
216	216	5 welfare or personal or financial interests; and (2) so long as
217	217	6 such decisions give substantial weight to what the ward, if
218	218	7 competent, would have done or intended under the
219	219	8 circumstances, taking into account evidence that includes, but
220	220	9 is not limited to, the ward's personal, philosophical,
221	221	10 religious and moral beliefs, and ethical values relative to
222	222	11 the decision to be made by the guardian. Where possible, the
223	223	12 guardian shall determine how the ward would have made a
224	224	13 decision based on the ward's previously expressed preferences,
225	225	14 and make decisions in accordance with the preferences of the
226	226	15 ward. If the ward's wishes are unknown and remain unknown
227	227	16 after reasonable efforts to discern them, or if the guardian
228	228	17 reasonably believes that a decision made in conformity with
229	229	18 the ward's preferences would result in substantial harm to the
230	230	19 ward's welfare or personal or financial interests, the
231	231	20 decision shall be made on the basis of the ward's best
232	232	21 interests as determined by the guardian. In determining the
233	233	22 ward's best interests, the guardian shall weigh the reason for
234	234	23 and nature of the proposed action, the benefit or necessity of
235	235	24 the action, the possible risks and other consequences of the
236	236	25 proposed action, and any available alternatives and their
237	237	26 risks, consequences and benefits, and shall take into account
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248	248	1 any other information, including the views of family and
249	249	2 friends, that the guardian believes the ward would have
250	250	3 considered if able to act for herself or himself.
251	251	4 (f) Upon petition by any interested person (including the
252	252	5 standby or short-term guardian), with such notice to
253	253	6 interested persons as the court directs and a finding by the
254	254	7 court that it is in the best interests of the person with a
255	255	8 disability, the court may terminate or limit the authority of
256	256	9 a standby or short-term guardian or may enter such other
257	257	10 orders as the court deems necessary to provide for the best
258	258	11 interests of the person with a disability. The petition for
259	259	12 termination or limitation of the authority of a standby or
260	260	13 short-term guardian may, but need not, be combined with a
261	261	14 petition to have another guardian appointed for the person
262	262	15 with a disability.
263	263	16 (g)(1) Unless there is a court order to the contrary, the
264	264	17 guardian, consistent with the standards set forth in
265	265	18 subsection (e) of this Section, shall use reasonable efforts
266	266	19 to notify the ward's known adult children, who have requested
267	267	20 notification and provided contact information, of the ward's
268	268	21 admission to a hospital, hospice, or palliative care program,
269	269	22 the ward's death, and the arrangements for the disposition of
270	270	23 the ward's remains.
271	271	24 (2) If a guardian unreasonably prevents an adult child,
272	272	25 spouse, adult grandchild, parent, or adult sibling of the ward
273	273	26 from visiting the ward, the court, upon a verified petition,
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