Illinois 2025-2026 Regular Session

Illinois House Bill HB2579 Compare Versions

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

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2579 Introduced , by Rep. Suzanne M. Ness SYNOPSIS AS INTRODUCED: 750 ILCS 5/202 from Ch. 40, par. 202750 ILCS 5/203 from Ch. 40, par. 203755 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. LRB104 11494 JRC 21583 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2579 Introduced , by Rep. Suzanne M. Ness SYNOPSIS AS INTRODUCED: 750 ILCS 5/202 from Ch. 40, par. 202750 ILCS 5/203 from Ch. 40, par. 203755 ILCS 5/11a-17 from Ch. 110 1/2, par. 11a-17 750 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. LRB104 11494 JRC 21583 b LRB104 11494 JRC 21583 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2579 Introduced , by Rep. Suzanne M. Ness SYNOPSIS AS INTRODUCED:
3	3	750 ILCS 5/202 from Ch. 40, par. 202750 ILCS 5/203 from Ch. 40, par. 203755 ILCS 5/11a-17 from Ch. 110 1/2, par. 11a-17 750 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
4	4	750 ILCS 5/202 from Ch. 40, par. 202
5	5	750 ILCS 5/203 from Ch. 40, par. 203
6	6	755 ILCS 5/11a-17 from Ch. 110 1/2, par. 11a-17
7	7	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.
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10	10	A BILL FOR
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13	13	1 AN ACT concerning civil law.
14	14	2 Be it enacted by the People of the State of Illinois,
15	15	3 represented in the General Assembly:
16	16	4 Section 5. The Illinois Marriage and Dissolution of
17	17	5 Marriage Act is amended by changing Sections 202 and 203 as
18	18	6 follows:
19	19	7 (750 ILCS 5/202) (from Ch. 40, par. 202)
20	20	8 Sec. 202. Marriage License and Marriage Certificate.)
21	21	9 (a) The Director of Public Health shall prescribe the form
22	22	10 for an application for a marriage license, which shall include
23	23	11 the following information:
24	24	12 (1) name, sex, occupation, address, social security
25	25	13 number, and date and place of birth of each party to the
26	26	14 proposed marriage;
27	27	15 (2) if either party was previously married, his name,
28	28	16 and the date, place, and court in which the marriage was
29	29	17 dissolved or declared invalid or the date and place of
30	30	18 death of the former spouse;
31	31	19 (3) name and address of the parents or guardian of
32	32	20 each party; and
33	33	21 (4) whether the parties are related to each other and,
34	34	22 if so, their relationship; and .
35	35	23 (5) whether either party is under a court-ordered
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39	39	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2579 Introduced , by Rep. Suzanne M. Ness SYNOPSIS AS INTRODUCED:
40	40	750 ILCS 5/202 from Ch. 40, par. 202750 ILCS 5/203 from Ch. 40, par. 203755 ILCS 5/11a-17 from Ch. 110 1/2, par. 11a-17 750 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
41	41	750 ILCS 5/202 from Ch. 40, par. 202
42	42	750 ILCS 5/203 from Ch. 40, par. 203
43	43	755 ILCS 5/11a-17 from Ch. 110 1/2, par. 11a-17
44	44	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.
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47	47	A BILL FOR
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53	53	750 ILCS 5/202 from Ch. 40, par. 202
54	54	750 ILCS 5/203 from Ch. 40, par. 203
55	55	755 ILCS 5/11a-17 from Ch. 110 1/2, par. 11a-17
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74	74	1 guardianship in any state in the United States.
75	75	2 (b) The Director of Public Health shall prescribe the
76	76	3 forms for the marriage license, the marriage certificate, and,
77	77	4 when necessary, the consent to marriage.
78	78	5 (Source: P.A. 80-923.)
79	79	6 (750 ILCS 5/203) (from Ch. 40, par. 203)
80	80	7 Sec. 203. License to Marry. When a marriage application
81	81	8 has been completed and signed by both parties to a prospective
82	82	9 marriage and both parties have appeared before the county
83	83	10 clerk and the marriage license fee has been paid, the county
84	84	11 clerk shall issue a license to marry and a marriage
85	85	12 certificate form upon being furnished:
86	86	13 (1) satisfactory proof that each party to the marriage
87	87	14 will have attained the age of 18 years at the time the
88	88	15 marriage license is effective or will have attained the
89	89	16 age of 16 years and has either the consent to the marriage
90	90	17 of both parents or his guardian or judicial approval;
91	91	18 provided, if one parent cannot be located in order to
92	92	19 obtain such consent and diligent efforts have been made to
93	93	20 locate that parent by the consenting parent, then the
94	94	21 consent of one parent plus a signed affidavit by the
95	95	22 consenting parent which (i) names the absent parent and
96	96	23 states that he or she cannot be located, and (ii) states
97	97	24 what diligent efforts have been made to locate the absent
98	98	25 parent, shall have the effect of both parents' consent for
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109	109	1 purposes of this Section;
110	110	2 (1.5) satisfactory proof that neither party to the
111	111	3 marriage is under a court-ordered guardianship, or that if
112	112	4 at least one party is under a court-ordered guardianship,
113	113	5 there has been a judicial determination, as described
114	114	6 under subsection (a-10) of Section 11a-17 of the Probate
115	115	7 Act of 1975, that the marriage is in the best interests of
116	116	8 the person or persons under court-ordered guardianship;
117	117	9 (2) satisfactory proof that the marriage is not
118	118	10 prohibited; and
119	119	11 (3) an affidavit or record as prescribed in
120	120	12 subparagraph (1) of Section 205 or a court order as
121	121	13 prescribed in subparagraph (2) of Section 205, if
122	122	14 applicable.
123	123	15 With each marriage license, the county clerk shall provide
124	124	16 a pamphlet describing the causes and effects of fetal alcohol
125	125	17 syndrome. At least annually, the county board shall submit to
126	126	18 the Illinois Department of Public Health a report as to the
127	127	19 county clerk's compliance with the requirement that the county
128	128	20 clerk provide a pamphlet with each marriage license. All
129	129	21 funding and production costs for the aforementioned
130	130	22 educational pamphlets for distribution to each county clerk
131	131	23 shall be provided by non-profit, non-sectarian statewide
132	132	24 programs that provide education, advocacy, support, and
133	133	25 prevention services pertaining to Fetal Alcohol Syndrome.
134	134	26 (Source: P.A. 96-1323, eff. 1-1-11.)
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145	145	1 Section 10. The Probate Act of 1975 is amended by changing
146	146	2 Section 11a-17 as follows:
147	147	3 (755 ILCS 5/11a-17) (from Ch. 110 1/2, par. 11a-17)
148	148	4 Sec. 11a-17. Duties of personal guardian.
149	149	5 (a) To the extent ordered by the court and under the
150	150	6 direction of the court, the guardian of the person shall have
151	151	7 custody of the ward and the ward's minor and adult dependent
152	152	8 children and shall procure for them and shall make provision
153	153	9 for their support, care, comfort, health, education and
154	154	10 maintenance, and professional services as are appropriate, but
155	155	11 the ward's spouse may not be deprived of the custody and
156	156	12 education of the ward's minor and adult dependent children,
157	157	13 without the consent of the spouse, unless the court finds that
158	158	14 the spouse is not a fit and competent person to have that
159	159	15 custody and education. The guardian shall assist the ward in
160	160	16 the development of maximum self-reliance and independence. The
161	161	17 guardian of the person may petition the court for an order
162	162	18 directing the guardian of the estate to pay an amount
163	163	19 periodically for the provision of the services specified by
164	164	20 the court order. If the ward's estate is insufficient to
165	165	21 provide for education and the guardian of the ward's person
166	166	22 fails to provide education, the court may award the custody of
167	167	23 the ward to some other person for the purpose of providing
168	168	24 education. If a person makes a settlement upon or provision
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179	179	1 for the support or education of a ward, the court may make an
180	180	2 order for the visitation of the ward by the person making the
181	181	3 settlement or provision as the court deems proper. A guardian
182	182	4 of the person may not admit a ward to a mental health facility
183	183	5 except at the ward's request as provided in Article IV of the
184	184	6 Mental Health and Developmental Disabilities Code and unless
185	185	7 the ward has the capacity to consent to such admission as
186	186	8 provided in Article IV of the Mental Health and Developmental
187	187	9 Disabilities Code.
188	188	10 (a-3) If a guardian of an estate has not been appointed,
189	189	11 the guardian of the person may, without an order of court,
190	190	12 open, maintain, and transfer funds to an ABLE account on
191	191	13 behalf of the ward and the ward's minor and adult dependent
192	192	14 children as specified under Section 16.6 of the State
193	193	15 Treasurer Act.
194	194	16 (a-5) If the ward filed a petition for dissolution of
195	195	17 marriage under the Illinois Marriage and Dissolution of
196	196	18 Marriage Act before the ward was adjudicated a person with a
197	197	19 disability under this Article, the guardian of the ward's
198	198	20 person and estate may maintain that action for dissolution of
199	199	21 marriage on behalf of the ward. Upon petition by the guardian
200	200	22 of the ward's person or estate, the court may authorize and
201	201	23 direct a guardian of the ward's person or estate to file a
202	202	24 petition for dissolution of marriage or to file a petition for
203	203	25 legal separation or declaration of invalidity of marriage
204	204	26 under the Illinois Marriage and Dissolution of Marriage Act on
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215	215	1 behalf of the ward if the court finds by clear and convincing
216	216	2 evidence that the relief sought is in the ward's best
217	217	3 interests. In making its determination, the court shall
218	218	4 consider the standards set forth in subsection (e) of this
219	219	5 Section.
220	220	6 (a-10) Upon petition by the guardian of the ward's person
221	221	7 or estate, the court may authorize and direct a guardian of the
222	222	8 ward's person or estate to consent, on behalf of the ward, to
223	223	9 the ward's marriage pursuant to Part II of the Illinois
224	224	10 Marriage and Dissolution of Marriage Act if the court finds by
225	225	11 clear and convincing evidence that the marriage is in the
226	226	12 ward's best interests. In making its determination, the court
227	227	13 must follow shall consider the standards set forth in
228	228	14 subsection (e) of this Section. Upon presentation of a court
229	229	15 order authorizing and directing a guardian of the ward's
230	230	16 person and estate to consent to the ward's marriage, the
231	231	17 county clerk shall accept the guardian's application,
232	232	18 appearance, and signature on behalf of the ward for purposes
233	233	19 of issuing a license to marry under Section 203 of the Illinois
234	234	20 Marriage and Dissolution of Marriage Act. If a best interests
235	235	21 hearing is not held before a judicial officer prior to the ward
236	236	22 entering into marriage, then the marriage is without legal
237	237	23 effect and void ab initio. Any person who knowingly enters a
238	238	24 marriage with a ward without following the procedures of this
239	239	25 subsection shall be guilty of a Class 4 felony.
240	240	26 (b) If the court directs, the guardian of the person shall
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251	251	1 file with the court at intervals indicated by the court, a
252	252	2 report that shall state briefly: (1) the current mental,
253	253	3 physical, and social condition of the ward and the ward's
254	254	4 minor and adult dependent children; (2) their present living
255	255	5 arrangement, and a description and the address of every
256	256	6 residence where they lived during the reporting period and the
257	257	7 length of stay at each place; (3) a summary of the medical,
258	258	8 educational, vocational, and other professional services given
259	259	9 to them; (4) a resume of the guardian's visits with and
260	260	10 activities on behalf of the ward and the ward's minor and adult
261	261	11 dependent children; (5) a recommendation as to the need for
262	262	12 continued guardianship; (6) any other information requested by
263	263	13 the court or useful in the opinion of the guardian. The Office
264	264	14 of the State Guardian shall assist the guardian in filing the
265	265	15 report when requested by the guardian. The court may take such
266	266	16 action as it deems appropriate pursuant to the report.
267	267	17 (c) Absent court order pursuant to the Illinois Power of
268	268	18 Attorney Act directing a guardian to exercise powers of the
269	269	19 principal under an agency that survives disability, the
270	270	20 guardian has no power, duty, or liability with respect to any
271	271	21 personal or health care matters covered by the agency. This
272	272	22 subsection (c) applies to all agencies, whenever and wherever
273	273	23 executed.
274	274	24 (d) A guardian acting as a surrogate decision maker under
275	275	25 the Health Care Surrogate Act shall have all the rights of a
276	276	26 surrogate under that Act without court order including the
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287	287	1 right to make medical treatment decisions such as decisions to
288	288	2 forgo or withdraw life-sustaining treatment. Any decisions by
289	289	3 the guardian to forgo or withdraw life-sustaining treatment
290	290	4 that are not authorized under the Health Care Surrogate Act
291	291	5 shall require a court order. Nothing in this Section shall
292	292	6 prevent an agent acting under a power of attorney for health
293	293	7 care from exercising his or her authority under the Illinois
294	294	8 Power of Attorney Act without further court order, unless a
295	295	9 court has acted under Section 2-10 of the Illinois Power of
296	296	10 Attorney Act. If a guardian is also a health care agent for the
297	297	11 ward under a valid power of attorney for health care, the
298	298	12 guardian acting as agent may execute his or her authority
299	299	13 under that act without further court order.
300	300	14 (e) Decisions made by a guardian on behalf of a ward shall
301	301	15 be made in accordance with the following standards for
302	302	16 decision making. The guardian shall consider the ward's
303	303	17 current preferences to the extent the ward has the ability to
304	304	18 participate in decision making when those preferences are
305	305	19 known or reasonably ascertainable by the guardian. Decisions
306	306	20 by the guardian shall conform to the ward's current
307	307	21 preferences: (1) unless the guardian reasonably believes that
308	308	22 doing so would result in substantial harm to the ward's
309	309	23 welfare or personal or financial interests; and (2) so long as
310	310	24 such decisions give substantial weight to what the ward, if
311	311	25 competent, would have done or intended under the
312	312	26 circumstances, taking into account evidence that includes, but
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323	323	1 is not limited to, the ward's personal, philosophical,
324	324	2 religious and moral beliefs, and ethical values relative to
325	325	3 the decision to be made by the guardian. Where possible, the
326	326	4 guardian shall determine how the ward would have made a
327	327	5 decision based on the ward's previously expressed preferences,
328	328	6 and make decisions in accordance with the preferences of the
329	329	7 ward. If the ward's wishes are unknown and remain unknown
330	330	8 after reasonable efforts to discern them, or if the guardian
331	331	9 reasonably believes that a decision made in conformity with
332	332	10 the ward's preferences would result in substantial harm to the
333	333	11 ward's welfare or personal or financial interests, the
334	334	12 decision shall be made on the basis of the ward's best
335	335	13 interests as determined by the guardian. In determining the
336	336	14 ward's best interests, the guardian shall weigh the reason for
337	337	15 and nature of the proposed action, the benefit or necessity of
338	338	16 the action, the possible risks and other consequences of the
339	339	17 proposed action, and any available alternatives and their
340	340	18 risks, consequences and benefits, and shall take into account
341	341	19 any other information, including the views of family and
342	342	20 friends, that the guardian believes the ward would have
343	343	21 considered if able to act for herself or himself.
344	344	22 (f) Upon petition by any interested person (including the
345	345	23 standby or short-term guardian), with such notice to
346	346	24 interested persons as the court directs and a finding by the
347	347	25 court that it is in the best interests of the person with a
348	348	26 disability, the court may terminate or limit the authority of
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359	359	1 a standby or short-term guardian or may enter such other
360	360	2 orders as the court deems necessary to provide for the best
361	361	3 interests of the person with a disability. The petition for
362	362	4 termination or limitation of the authority of a standby or
363	363	5 short-term guardian may, but need not, be combined with a
364	364	6 petition to have another guardian appointed for the person
365	365	7 with a disability.
366	366	8 (g)(1) Unless there is a court order to the contrary, the
367	367	9 guardian, consistent with the standards set forth in
368	368	10 subsection (e) of this Section, shall use reasonable efforts
369	369	11 to notify the ward's known adult children, who have requested
370	370	12 notification and provided contact information, of the ward's
371	371	13 admission to a hospital, hospice, or palliative care program,
372	372	14 the ward's death, and the arrangements for the disposition of
373	373	15 the ward's remains.
374	374	16 (2) If a guardian unreasonably prevents an adult child,
375	375	17 spouse, adult grandchild, parent, or adult sibling of the ward
376	376	18 from visiting the ward, the court, upon a verified petition,
377	377	19 may order the guardian to permit visitation between the ward
378	378	20 and the adult child, spouse, adult grandchild, parent, or
379	379	21 adult sibling. In making its determination, the court shall
380	380	22 consider the standards set forth in subsection (e) of this
381	381	23 Section. The court shall not allow visitation if the court
382	382	24 finds that the ward has capacity to evaluate and communicate
383	383	25 decisions regarding visitation and expresses a desire not to
384	384	26 have visitation with the petitioner. This subsection (g) does
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