Chapter 755, ESTATES

(755 ILCS 50/1-1) (was 755 ILCS 50/1) Sec. 1-1. Short Title. This Act may be cited as the Illinois Anatomical Gift Act. (Source: P.A. 93-794, eff. 7-22-04.)

(755 ILCS 6/1-1) Sec. 1-1. Short title. This Act may be cited as the Electronic Wills, Electronic Estate Planning Documents, and Remote Witnesses Act. (Source: P.A. 102-167, eff. 7-26-21; 103-301, eff. 1-1-24.)

(755 ILCS 50/1-10) (was 755 ILCS 50/2) Sec. 1-10. Definitions. "Close friend" means any person 18 years of age or older who has exhibited special care and concern for the decedent and who presents an affidavit to the decedent's attending physician, or the hospital administrator o…

(755 ILCS 6/1-10) Sec. 1-10. Applicability. Any document executed under this Act is executed in this State; however, executing a document under this Act does not automatically confer jurisdiction in the courts of this State. (Source: P.A. 102-167, eff. 7-26-21.)

(755 ILCS 6/1-15) Sec. 1-15. Relation to Probate Act of 1975, other statutes, and common law. All electronic wills, paper copies of electronic wills, and wills attested to under this Act are subject to all requirements of the Probate Act of 1975 and the common law, but to the ext…

(755 ILCS 6/1-20) Sec. 1-20. Definitions. As used in this Act: "Audio-video communication" means communication by which a person can hear, see, and communicate with another person in real time using electronic means. A person's visual or hearing impairment does not prohibit or li…

(755 ILCS 6/1-5) Sec. 1-5. Purpose. The purpose of this Act is to provide for: (1) the valid execution, attestation, self-proving, and probate of electronic wills, paper copies of electronic wills, and wills attested to by witnesses through audio-video communication; (2) the vali…

(755 ILCS 50/1-5) Sec. 1-5. Purpose. Illinois recognizes that there is a critical shortage of human organs and tissues available to citizens in need of organ and tissue transplants. This shortage leads to the untimely death of many adults and children in Illinois and across the n…

(755 ILCS 8/101) Sec. 101. Short title. This Act may be cited as the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. (Source: P.A. 96-177, eff. 1-1-10.)

(755 ILCS 8/102) Sec. 102. Definitions. In this Act: (1) "Adult" means an individual who has attained 18 years of age. (2) "Conservator" means a person appointed by the court to administer the property of an adult, including a person appointed under the Probate Act of 1975. (3) "…

(755 ILCS 8/103) Sec. 103. International application of Act. A court of this state may treat a foreign country as if it were a state for the purpose of applying this Article and Articles 2, 3, and 5. (Source: P.A. 96-177, eff. 1-1-10.)

(755 ILCS 8/104) Sec. 104. Communication between courts. (a) A court of this state may communicate with a court in another state concerning a proceeding arising under this Act. The court may allow the parties to participate in the communication. Except as otherwise provided in su…

(755 ILCS 8/105) Sec. 105. Cooperation between courts. (a) In a guardianship or protective proceeding in this state, a court of this state may request the appropriate court of another state to do any of the following: (1) hold an evidentiary hearing; (2) order a person in that st…

(755 ILCS 8/106) Sec. 106. Taking testimony in another state. (a) In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in thi…

(755 ILCS 8/201) Sec. 201. Definitions; significant connection factors. (a) In this Article: (1) "Emergency" means a circumstance that likely will result in substantial harm to a respondent's health, safety, or welfare, and for which the appointment of a guardian is necessary bec…

(755 ILCS 8/202) Sec. 202. Exclusive basis. This Article provides the exclusive jurisdictional basis for a court of this state to appoint a guardian or issue a protective order for an adult. (Source: P.A. 96-177, eff. 1-1-10.)

(755 ILCS 8/203) Sec. 203. Jurisdiction. A court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if: (1) this state is the respondent's home state; (2) on the date the petition is filed, this state is a significant-connection stat…

(755 ILCS 8/204) Sec. 204. Special jurisdiction. (a) A court of this state lacking jurisdiction under Section 203(1) through (3) has special jurisdiction to do any of the following: (1) appoint a guardian in an emergency for a term not exceeding 90 days for a respondent who is ph…

(755 ILCS 8/205) Sec. 205. Exclusive and continuing jurisdiction. Except as otherwise provided in Section 204, a court that has appointed a guardian or issued a protective order consistent with this Act has exclusive and continuing jurisdiction over the proceeding until it is ter…

(755 ILCS 8/206) Sec. 206. Appropriate forum. (a) A court of this state having jurisdiction under Section 203 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriat…

(755 ILCS 8/207) Sec. 207. Jurisdiction declined by reason of conduct. (a) If at any time a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may: (1) decline to exercise juri…

(755 ILCS 8/208) Sec. 208. Notice of proceeding. If a petition for the appointment of a guardian or issuance of a protective order is brought in this state and this state was not the respondent's home state on the date the petition was filed, in addition to complying with the not…

(755 ILCS 8/209) Sec. 209. Proceedings in more than one state. Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this state under Section 204(a)(1) or (a)(2), if a petition for the appointment …

(755 ILCS 8/301) Sec. 301. Transfer of guardianship or conservatorship to another state. (a) A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state. (b) Notice of a petition under subsection (a) mu…

(755 ILCS 8/302) Sec. 302. Accepting guardianship or conservatorship transferred from another state. (a) To confirm transfer of a guardianship or conservatorship transferred to this state under provisions similar to Section 301, the guardian or conservator must petition the court…

(755 ILCS 8/401) Sec. 401. Registration of guardianship orders. If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court …

(755 ILCS 8/402) Sec. 402. Registration of protective orders. If a conservator has been appointed in another state and a petition for a protective order is not pending in this state, the conservator appointed in the other state, after giving notice to the appointing court of an i…

(755 ILCS 8/403) Sec. 403. Effect of registration. (a) Upon registration of a guardianship or protective order from another state, the guardian or conservator may exercise in this state all powers authorized in the order of appointment except as prohibited under the laws of this …

(755 ILCS 6/5-10) Sec. 5-10. Revocation. (a) An electronic will may be revoked in the following ways: (1) execution of a later will declaring the revocation; (2) execution of a later will to the extent that it is inconsistent with the prior will; or (3) execution of a written ins…

(755 ILCS 50/5-12) Sec. 5-12. Persons who may receive an anatomical gift; purpose of anatomical gift. (a) An anatomical gift may be made to the following persons named in the document of gift: (1) for research or education, a hospital; an accredited medical school, dental school,…

(755 ILCS 6/5-15) Sec. 5-15. Digital assets and electronic commerce. (a) At any time during the administration of the estate without further notice or, if there is no grant of administration, upon such notice and in such a manner as the court directs, the court may issue an order…

(755 ILCS 50/5-15) (was 755 ILCS 50/4.5) Sec. 5-15. Disability of recipient. (a) A hospital, physician and surgeon, procurement organization, or other person shall not, solely on the basis of an individual's mental or physical disability: (1) deem an individual ineligible to rece…

(755 ILCS 50/5-20) (was 755 ILCS 50/5) Sec. 5-20. Manner of executing anatomical gifts. (a) A donor may make an anatomical gift: (1) by authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donor's driver's license or ident…

(755 ILCS 50/5-25) Sec. 5-25. Notification; authorization. (a) Each hospital in this State shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts. (b) Hospitals shall proceed in accordance with the ap…

(755 ILCS 50/5-27) (was 755 ILCS 60/3.5) Sec. 5-27. Notification of patient; family rights and options after circulatory death. (a) In this Section, "donation after circulatory death" means the donation of organs from a patient whose death is declared based upon cardiopulmonary, …

(755 ILCS 50/5-35) (was 755 ILCS 50/6) Sec. 5-35. Delivery of document of anatomical gift not required; right to examine. (a) A document of gift need not be delivered during the donor's lifetime to be effective. (b) Upon or after an individual's death, a person in possession of a…

(755 ILCS 50/5-42) Sec. 5-42. Amending or revoking anatomical gift before donor's death. (a) Subject to Section 5-7, a donor or other person authorized to make an anatomical gift under subsection (a) of Section 5-5 may amend or revoke an anatomical gift by: (1) a record signed by…

(755 ILCS 50/5-43) Sec. 5-43. Refusal to make anatomical gift; effect of refusal. (a) An individual may refuse to make an anatomical gift of the individual's body or part by: (1) a record signed by: (A) the individual; or (B) subject to subsection (b) of this Section, another ind…

(755 ILCS 50/5-45) (was 755 ILCS 50/8) Sec. 5-45. Rights and Duties at Death. (a) The donee may accept or reject the anatomical gift. If the donee accepts a gift of the entire body, he may, subject to the terms of the gift, authorize embalming and the use of the body in funeral s…

(755 ILCS 50/5-47) Sec. 5-47. Rights and duties of procurement organizations and others. (a) When a hospital refers an individual at or near death to a procurement organization, the organization shall make a reasonable search of the records of the Secretary of State and any donor…

(755 ILCS 6/5-5) Sec. 5-5. Signing electronic wills. (a) To be valid under this Act, an electronic will shall be executed by the testator or by some person in the testator's presence and at the testator's direction, and attested to in the testator's presence by 2 or more credible…

(755 ILCS 50/5-5) (was 755 ILCS 50/3) Sec. 5-5. Persons who may execute an anatomical gift. (a) An anatomical gift of a donor's body or part that is to be carried out upon the donor's death may be made during the life of the donor for the purpose of transplantation, therapy, rese…

(755 ILCS 50/5-50) (was 755 ILCS 50/8.1) Sec. 5-50. Payment for anatomical gift. (a) Except as provided in subsection (b), any person who knowingly pays or offers to pay any financial consideration to a donor or to any of the persons listed in subsection (b) of Section 5-5 for ma…

(755 ILCS 50/5-55) Sec. 5-55. Law governing validity; choice of law as to the execution of document of anatomical gift; presumption of validity. (a) A document of gift is valid if executed in accordance with: (1) this Act; (2) the laws of the state or country where it was execute…

(755 ILCS 50/5-7) Sec. 5-7. Preclusive effect of anatomical gift, amendment, or revocation. (a) Subject to subsection (f) of this Section and except as provided in subsection (a-5) of this Section, in the absence of an express, contrary indication by the donor, a person other tha…

(755 ILCS 8/501) Sec. 501. Uniformity of application and construction. In applying and construing this uniform Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. (Source: P.A. 96-177, eff. 1…

(755 ILCS 8/502) Sec. 502. Relation to Electronic Signatures in Global and National Commerce Act. This Act modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but does not modify, limit, or super…

(755 ILCS 8/503) Sec. 503. Repeals. (Blank). (Source: P.A. 96-177, eff. 1-1-10.)

(755 ILCS 8/504) Sec. 504. Transitional provisions. (a) This Act applies to guardianship and protective proceedings begun on or after the effective date of this Act. (b) Articles 1, 3, and 4 and Sections 501 and 502 apply to proceedings begun before the effective date of this Act…

(755 ILCS 8/505) Sec. 505. Effective date. (Blank). (Source: P.A. 96-177, eff. 1-1-10.)