755 ILCS 5/11a-18.1
2021 Illinois Compiled Statutes|Chapter 755 - ESTATES|755 ILCS 5/ - Probate Act of 1975.|Article XIa - Guardians For Adults With Disabilities

 (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 person with a disability who dedicates himself or herself to the care of the person with a disability   by living with and personally caring for the person with a disability for at least 3  years.  It shall be presumed that the person with a disability intends to make such  conditional gifts.(b) A conditional gift shall not be distributed to the donee until the  death of the person with a disability.  The court may impose such other conditions  on the gift as the court deems just and reasonable.  The court may provide  for an alternate disposition of the gift should the donee die before the  person with a disability; provided that if no such alternate disposition is made,  the conditional gift shall lapse upon the death of the donee prior to the  death of the person with a disability.  A conditional gift may be modified or  revoked by the court at any time.(c) The guardian of the estate, the spouse, parent, brother or sister of  a person with a disability, or any other interested person may petition the court to  authorize and direct the guardian of the estate to make a conditional gift  or to modify, revoke or distribute a conditional gift.  All persons who  would be heirs of the person with a disability if the person with a disability died on the  date the petition is filed (or the heirs if the person with a disability is  deceased) and all legatees under any known last will of the person with a disability   shall be given reasonable notice of the hearing on the petition by  certified U. S. mail, return receipt requested.  If a trustee is a legatee,  notice shall be given to the trustee and need not be given to the trust  beneficiaries.  Any person entitled to notice of the hearing may appear and  object to the petition.  The giving of the notice of the hearing to those  persons entitled to notice shall cause the decision and order of the court  to be binding upon all other persons who otherwise may  be interested or may become interested in the estate of the person with a disability.(d) The guardian of the estate shall set aside conditional gifts in a  separate fund for each donee and shall hold and invest each fund as part of  the estate of the person with a disability.  Upon order of the court, any conditional gift  may be revoked or modified in whole or part so that the assets may be used  for the care and comfort of the person with a disability should funds otherwise  available for such purposes be inadequate.(e) Upon the death of the person with a disability, the guardian of the estate  shall hold each special fund as trustee and shall petition the court for  authorization to distribute the special fund and for any other appropriate  relief.  The court shall order distribution upon such terms and conditions  as the court deems just and reasonable.  (Source: P.A. 99-143, eff. 7-27-15.)