The addition of subsection (g) to 755 ILCS 5/11a-17, effective January 1, 2017, expanded the rights of family members of a legally disabled adult (a “ward”) and added to the duties of a guardian of the ward’s person. Absent a court order to the contrary, a guardian of a person must use reasonable efforts to notify the Ward’s adult children of: (i) the Ward’s admission to the hospital or hospice program; (ii) the Ward’s death; or (iii) the arrangements for the disposition of the Ward’s remains. Subsection (g)(2) authorizes adult children of a ward to take specific actions if they believe a guardian is unreasonably preventing them from visiting a ward. They can request the Court order the guardian of the person permit visitation between a ward and the adult child. Before the court authorizes visitation between the adult child and a ward, the court must find that the requested visitation is in the best interests of a ward.
Actions by a guardian of the person under subjection (g)(1) and court findings under subsection (g)(2) must be made consistent with the standards set forth in 755 ILCS 5/11a-17(e) which requires a guardian of a ward’s person to make decisions on behalf of a ward by conforming as closely as possible to what the ward, if competent, would have done. If the ward’s wishes are unknown or remain unknown, subsection (e) requires decisions to be made on the basis of a ward’s best interest as determined by the guardian by considering, among other things, the benefits, risks, and any alternatives. New subsection (g) of 755 ILCS 5/11a-17, expands the rights of family members of a legally disabled adult and adds to the duties of a guardian of the ward’s person.
