Chapter 755 — ESTATES

(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 5/11-5.1) Sec. 11-5.1. (Repealed). (Source: Repealed by P.A. 88-529.)

(755 ILCS 5/11-5.2) Sec. 11-5.2. (Repealed). (Source: Repealed by P.A. 88-529.)

(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) Sec. 11-7. (Repealed). (Source: P.A. 79-328. Repealed by P.A. 96-1338, eff. 1-1-11.)

(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 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) 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 respondent is adjudged to be a person with a disabili…

(755 ILCS 5/11a-13) (from Ch. 110 1/2, par. 11a-13) 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 proceeding or report made in pursuance of the appointment…

(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) 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 power, unless specified by court order, to place hi…

(755 ILCS 5/11a-15) (from Ch. 110 1/2, par. 11a-15) 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 guardian or terminate the adjudication of disabilit…

(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) 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 and the ward's minor and adult dependent children a…

(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…

(755 ILCS 5/11a-18.2) Sec. 11a-18.2. Duties of standby guardian of a person with a disability. (a) Before a standby guardian of a person with a disability may act, the standby guardian must be appointed by the court of the proper county and, in the case of a standby guardian of t…

(755 ILCS 5/11a-18.3) Sec. 11a-18.3. Duties of short-term guardian of a person with a disability. (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 person with a disab…

(755 ILCS 5/11a-19) (from Ch. 110 1/2, par. 11a-19) Sec. 11a-19. Notice of right to seek modification. At the time of the appointment of a guardian the court shall inform the ward of his right under Section 11a-20 to petition for termination of adjudication of disability, revocat…

(755 ILCS 5/11a-2) (from Ch. 110 1/2, par. 11a-2) Sec. 11a-2. "Person with a disability" defined. "Person with a disability" means a person 18 years or older who (a) because of mental deterioration or physical incapacity is not fully able to manage his person or estate, or (b) is…

(755 ILCS 5/11a-20) (from Ch. 110 1/2, par. 11a-20) Sec. 11a-20. Termination of adjudication of disability - Revocation of letters - modification. (a) Except as provided in subsection (b-5), upon the filing of a petition by or on behalf of a person with a disability or on its own…

(755 ILCS 5/11a-21) (from Ch. 110 1/2, par. 11a-21) Sec. 11a-21. Hearing. (a) The court shall conduct a hearing on a petition filed under Section 11a-20. The ward is entitled to be represented by counsel, to demand a jury of 6 persons, to present evidence and to confront and cros…

(755 ILCS 5/11a-22) (from Ch. 110 1/2, par. 11a-22) Sec. 11a-22. Trade and contracts with a person with a disability. (a) Anyone who by trading with, bartering, gaming or any other device, wrongfully possesses himself of any property of a person known to be a person with a disabi…

(755 ILCS 5/11a-23) Sec. 11a-23. Reliance on authority of guardian, standby guardian, short-term guardian. (a) For the purpose of this Section, "guardian", "standby guardian", and "short-term guardian" includes temporary, plenary, or limited guardians of all wards. (b) Every heal…

(755 ILCS 5/11a-24) Sec. 11a-24. Notification; Illinois State Police. When a court adjudges a respondent to be a person with a disability under this Article, the court shall direct the circuit court clerk to notify the Illinois State Police, Firearm Owner's Identification (FOID) …

(755 ILCS 5/11a-25) Sec. 11a-25. Notification; Secretary of State. When a court adjudges a respondent to be a person with a disability and appoints a plenary guardian for that person under this Article pursuant to subsection (c) of Section 11a-12 or enters an order under this Art…

(755 ILCS 5/11a-3) (from Ch. 110 1/2, par. 11a-3) Sec. 11a-3. Adjudication of disability; Power to appoint guardian. (a) Upon the filing of a petition by a reputable person or by the alleged person with a disability himself or on its own motion, the court may adjudge a person to …

(755 ILCS 5/11a-3.1) Sec. 11a-3.1. Appointment of standby guardian. (a) The guardian of a person with a disability may designate in any writing, including a will, a person qualified to act under Section 11a-5 to be appointed as standby guardian of the person or estate, or both, o…

(755 ILCS 5/11a-3.2) Sec. 11a-3.2. Short-term guardian. (a) The guardian of a person with a disability may appoint in writing, without court approval, a short-term guardian of the person with a disability to take over the guardian's duties, to the extent provided in Section 11a-1…

(755 ILCS 5/11a-4) Sec. 11a-4. Temporary guardian. (a) Prior to the appointment of a guardian under this Article, pending an appeal in relation to the appointment, or pending the completion of a citation proceeding brought pursuant to Section 23-3 of this Act, or upon a guardian'…

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

(755 ILCS 5/11a-5.1) Sec. 11a-5.1. Multiple guardianships. The court may not appoint an individual the guardian of the person or estate of an adult with disabilities before the individual has disclosed to the court the number of adults with disabilities over which the individual …

(755 ILCS 5/11a-6) (from Ch. 110 1/2, par. 11a-6) Sec. 11a-6. Designation of Guardian.) A person, while of sound mind and memory, may designate in writing a person, corporation or public agency qualified to act under Section 11a-5, to be appointed as guardian or as successor guar…

(755 ILCS 5/11a-7) (from Ch. 110 1/2, par. 11a-7) Sec. 11a-7. Venue.) If the alleged ward is a resident of this State, the proceeding shall be instituted in the court of the county in which he resides. If the alleged ward is not a resident of this State, the proceeding shall be i…

(755 ILCS 5/11a-8) (from Ch. 110 1/2, par. 11a-8) Sec. 11a-8. Petition. The petition for adjudication of disability and for the appointment of a guardian of the estate or the person or both of an alleged person with a disability must state, if known or reasonably ascertainable: (…