Chapter 755, ESTATES

(755 ILCS 40/10) (from Ch. 110 1/2, par. 851-10) Sec. 10. Definitions. As used in this Act: "Adult" means a person who is (i) 18 years of age or older or (ii) an emancipated minor under the Emancipation of Minors Act. "Artificial nutrition and hydration" means supplying food and …

(755 ILCS 70/10) Sec. 10. Disclosure of other digital assets of principal. Unless otherwise ordered by the court, directed by the principal, or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority…

(755 ILCS 5/10-1) (from Ch. 110 1/2, par. 10-1) Sec. 10-1. Letters of administration to collect.) (a) Upon the filing of a petition of any interested person or upon its own motion, the court may issue letters of administration to collect: (1) when any contingency happens which is…

(755 ILCS 5/10-2) (from Ch. 110 1/2, par. 10-2) Sec. 10-2. Petition for letters of administration to collect.) A person desiring to have letters of administration to collect issued on the estate of a deceased or missing person must file a petition therefor in the court of the pro…

(755 ILCS 5/10-3) (from Ch. 110 1/2, par. 10-3) Sec. 10-3. Administrator to collect for missing person - notice.) When letters of administration to collect are sought for the estate of a missing person, the petitioner must publish a notice of the hearing on the petition once a we…

(755 ILCS 5/10-4) (from Ch. 110 1/2, par. 10-4) Sec. 10-4. Powers and duties of administrator to collect.) An administrator to collect has power to sue for and collect the personal estate and debts due the decedent or missing person and by leave of court to exercise the powers ve…

(755 ILCS 5/10-5) (from Ch. 110 1/2, par. 10-5) Sec. 10-5. Termination of powers.) On the issuance of letters testamentary or of administration or the satisfactory establishment of the survival and location of the missing person, the powers of an administrator to collect cease an…

(755 ILCS 43/100) Sec. 100. (Amendatory provisions; text omitted). (Source: P.A. 89-439, eff. 6-1-96.)

(755 ILCS 43/103) Sec. 103. (Amendatory provisions; text omitted). (Source: P.A. 89-439, eff. 6-1-96.)

(755 ILCS 43/105) Sec. 105. (Amendatory provisions; text omitted). (Source: P.A. 89-439, eff. 6-1-96.)

(755 ILCS 70/11) Sec. 11. Disclosure of digital assets held in trust when trustee is original user. Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account held i…

(755 ILCS 75/11) Sec. 11. Report of open-market sale. (a) Unless required to do so within a shorter time by Article XVII of the Code of Civil Procedure, a broker appointed under Section 10(b) to offer heirs property for open-market sale shall file a report with the court not late…

(755 ILCS 5/11-1) (from Ch. 110 1/2, par. 11-1) Sec. 11-1. Definitions. As used in this Article: "Administrative separation" means a parent's, legal guardian's, legal custodian's, or primary caretaker's: (1) arrest, detention, incarceration, removal, or deportation in connection …

(755 ILCS 5/11-10.1) (from Ch. 110 1/2, par. 11-10.1) Sec. 11-10.1. Procedure for appointment of a standby guardian or a guardian of a minor. (a) Unless excused by the court for good cause shown, it is the duty of the petitioner to give notice of the time and place of the hearing…

(755 ILCS 5/11-11) (from Ch. 110 1/2, par. 11-11) Sec. 11-11. Costs in certain cases.) No costs may be taxed or charged by any public officer in any proceeding for the appointment of a guardian or for any subsequent proceeding or report made in pursuance of the appointment when t…

(755 ILCS 5/11-13) (from Ch. 110 1/2, par. 11-13) Sec. 11-13. Duties of guardian of a minor. Before a guardian of a minor may act, the guardian shall be appointed by the court of the proper county and, in the case of a guardian of the minor's estate, the guardian shall give the b…

(755 ILCS 5/11-13.1) Sec. 11-13.1. Duties of standby guardian of a minor. (a) Before a standby guardian of a minor may act, the standby guardian must be appointed by the court of the proper county and, in the case of a standby guardian of the minor's estate, the standby guardian …

(755 ILCS 5/11-13.2) Sec. 11-13.2. Duties of short-term guardian of a minor. (a) Immediately upon the effective date of the appointment of a short-term guardian, the short-term guardian shall assume all duties as short-term guardian of the minor as provided in this Section. The s…

(755 ILCS 5/11-13.3) Sec. 11-13.3. Reliance on authority of guardian, standby guardian, short-term guardian. (a) Every health care provider and other person (reliant) has the right to rely on any decision or direction made by the guardian, standby guardian, or short-term guardian…

(755 ILCS 5/11-14.1) (from Ch. 110 1/2, par. 11-14.1) Sec. 11-14.1. Revocation of letters. (a) Upon the minor reaching the age of majority, the letters of office shall be revoked only as to that minor and the guardianship over that minor shall be terminated. The letters of office…

(755 ILCS 5/11-18) (from Ch. 110 1/2, par. 11-18) Sec. 11-18. Successor guardian. Upon the death, incapacity, resignation or removal of a standby guardian or a guardian, the court may appoint a successor standby guardian or a successor guardian. (Source: P.A. 88-529.)

(755 ILCS 5/11-3) (from Ch. 110 1/2, par. 11-3) Sec. 11-3. Who may act as guardian. (a) A person is qualified to act as guardian of the person and as guardian of the estate if the court finds that the proposed guardian is capable of providing an active and suitable program of gua…

(755 ILCS 5/11-5) (from Ch. 110 1/2, par. 11-5) Sec. 11-5. Appointment of guardian. (a) Upon the filing of a petition for the appointment of a guardian or on its own motion, the court may appoint a guardian of the estate or of both the person and estate, of a minor, or may appoin…

(755 ILCS 5/11-5.3) Sec. 11-5.3. Appointment of standby guardian. (a) A parent, adoptive parent, or adjudicated parent whose parental rights have not been terminated, or the guardian of the person of a minor may designate in any writing, including a will, a person qualified to ac…

(755 ILCS 5/11-5.4) Sec. 11-5.4. Short-term guardian. (a) A parent, adoptive parent, or adjudicated parent whose parental rights have not been terminated, or the guardian of the person of a minor may appoint in writing, without court approval, a short-term guardian of an unmarrie…

(755 ILCS 5/11-5.5) Sec. 11-5.5. Special immigrant minor findings; appointment of guardian for person aged 18 to 21 years; duties of guardian; additional services. (a) For the purpose of making a finding under this Section: "Abuse" has the meaning ascribed to that term in subsect…

(755 ILCS 5/11-6) (from Ch. 110 1/2, par. 11-6) Sec. 11-6. Venue.) If the minor is a resident of this State, the proceeding shall be instituted in the court of the county in which he resides. If the minor is not a resident of this State, the proceeding shall be instituted in the …

(755 ILCS 5/11-7.1) (from Ch. 110 1/2, par. 11-7.1) Sec. 11-7.1. Visitation rights. (a) Whenever both parents of a minor are deceased, visitation rights shall be granted to the grandparents of the minor who are the parents of the minor's legal parents unless it is shown that such…

(755 ILCS 5/11-8) (from Ch. 110 1/2, par. 11-8) Sec. 11-8. Petition for guardian of minor. (a) The petition for appointment of a guardian of the estate, or of both the person and estate, of a minor, or for appointment of the guardian of the person only of a minor or minors must s…

(755 ILCS 5/11-8.1) Sec. 11-8.1. Petition for standby guardian of minor. The petition for appointment of a standby guardian of the person or the estate, or both, of a minor must state, if known: (a) the name, date of birth, and residence of the minor; (b) the names and post offic…

(755 ILCS 5/11-9) (from Ch. 110 1/2, par. 11-9) Sec. 11-9. Domestic Violence: Order of Protection. An order of protection, as defined in the Illinois Domestic Violence Act of 1986, enacted by the 84th General Assembly, may be issued in conjunction with a proceeding for appointmen…

(755 ILCS 43/110) Sec. 110. The Department of Mental Health and Developmental Disabilities Act is amended by repealing Section 60. (Source: P.A. 89-439, eff. 6-1-96.)

(755 ILCS 43/115) Sec. 115. The Planning Council on Mental Health Law, Article 1 of "An Act in relation to mental health and developmental disabilities", approved August 29, 1990, Public Act 86-1190, is repealed. (Source: P.A. 89-439, eff. 6-1-96.)

(755 ILCS 5/11a-1) (from Ch. 110 1/2, par. 11a-1) Sec. 11a-1. "Developmental disability", "intellectual disability", and "related condition" defined. "Developmental disability" means "developmental disability" as defined in Section 1-116 of the Mental Health and Developmental Dis…

(755 ILCS 5/11a-10) (from Ch. 110 1/2, par. 11a-10) Sec. 11a-10. Procedures preliminary to hearing. (a) Upon the filing of a petition pursuant to Section 11a-8, the court shall set a date and place for hearing to take place within 30 days. The court shall appoint a guardian ad li…

(755 ILCS 5/11a-10.1) (from Ch. 110 1/2, par. 11a-10.1) Sec. 11a-10.1. Domestic Violence: Order of Protection. An order of protection, as defined in the Illinois Domestic Violence Act of 1986, may be issued in conjunction with a proceeding for adjudication of disability and appoi…

(755 ILCS 5/11a-10.2) Sec. 11a-10.2. Procedure for appointment of a standby guardian or a guardian of a person with a disability. In any proceeding for the appointment of a standby guardian or a guardian the court may appoint a guardian ad litem to represent the person with a dis…

(755 ILCS 5/11a-11) (from Ch. 110 1/2, par. 11a-11) Sec. 11a-11. Hearing. (a) The respondent is entitled to be represented by counsel, to demand a jury of 6 persons, to present evidence, and to confront and cross-examine all witnesses. The hearing may be closed to the public on r…

(755 ILCS 5/11a-11.5) Sec. 11a-11.5. Video conferencing. Any circuit court of this State may adopt rules consistent with the rules of the Supreme Court of this State permitting the use of video conferencing equipment in any hearing under Section 11a-11. No rule shall preclude a p…

(755 ILCS 5/11a-12) (from Ch. 110 1/2, par. 11a-12) (Text of Section before amendment by P.A. 104-465) Sec. 11a-12. Order of appointment. (a) If basis for the appointment of a guardian as specified in Section 11a-3 is not found, the court shall dismiss the petition. (b) If the re…

(755 ILCS 5/11a-13) (from Ch. 110 1/2, par. 11a-13) (Text of Section before amendment by P.A. 104-465) Sec. 11a-13. Costs in certain cases.) (a) No costs may be taxed or charged by any public officer in any proceeding for the appointment of a guardian or for any subsequent procee…

(755 ILCS 5/11a-13.5) Sec. 11a-13.5. Guardian fees. A guardian is entitled to reasonable and appropriate compensation for services related to guardianship duties, but all fees must be reviewed and approved by the court pursuant to a fee petition. In considering the reasonableness…

(755 ILCS 5/11a-14) (from Ch. 110 1/2, par. 11a-14) Sec. 11a-14. Legal disabilities of ward.) (a) An order appointing a limited guardian of the person under this Article removes from the ward only that authority provided under Section 11a-17 which is specifically conferred on the…

(755 ILCS 5/11a-14.1) (from Ch. 110 1/2, par. 11a-14.1) (Text of Section before amendment by P.A. 104-465) Sec. 11a-14.1. Residential placement.) No guardian appointed under this Article, except for duly appointed Public Guardians and the Office of State Guardian, shall have the …

(755 ILCS 5/11a-15) (from Ch. 110 1/2, par. 11a-15) (Text of Section before amendment by P.A. 104-547) Sec. 11a-15. Successor guardian. Upon the death, incapacity, resignation, or removal of a guardian of the estate or person of a living ward, the court shall appoint a successor …

(755 ILCS 5/11a-16) (from Ch. 110 1/2, par. 11a-16) Sec. 11a-16. Testamentary guardian.) A parent of a person with a disability may designate by will a person, corporation or public agency qualified to act under Section 11a-5, to be appointed as guardian or as successor guardian …

(755 ILCS 5/11a-17) (from Ch. 110 1/2, par. 11a-17) (Text of Section before amendment by P.A. 104-465) Sec. 11a-17. Duties of personal guardian. (a) To the extent ordered by the court and under the direction of the court, the guardian of the person shall have custody of the ward …

(755 ILCS 5/11a-17.1) Sec. 11a-17.1. Sterilization of ward. (a) A guardian of the person shall not consent to the sterilization of the ward without first obtaining an order from the court granting the guardian the authority to provide consent. For purposes of this Article XIa, "s…

(755 ILCS 5/11a-18) (from Ch. 110 1/2, par. 11a-18) Sec. 11a-18. Duties of the estate guardian. (a) To the extent specified in the order establishing the guardianship, the guardian of the estate shall have the care, management and investment of the estate, shall manage the estate…

(755 ILCS 5/11a-18.1) (from Ch. 110 1/2, par. 11a-18.1) Sec. 11a-18.1. Conditional gifts. (a) The court may authorize and direct the guardian of the estate to make conditional gifts from the estate of a person with a disability to any spouse, parent, brother or sister of the pers…