755 ILCS 5/11a-3.1
2021 Illinois Compiled Statutes|Chapter 755 - ESTATES|755 ILCS 5/ - Probate Act of 1975.|Article XIa - Guardians For Adults With Disabilities

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, of the person with a disability.  The  guardian may designate in any writing,  including a will, a person qualified to act under Section 11a-5 to be appointed  as successor standby guardian of the person or estate of the person with a disability, or  both. The designation must be witnessed by 2 or more credible witnesses at  least 18 years of age, neither of whom is the person designated as the  standby guardian. The designation may be proved by any competent evidence.  If  the designation is executed and attested in the same manner as a will, it shall  have prima facie validity.  Prior to designating a proposed standby guardian, the guardian shall consult  with the person with a disability to determine the preference of the person with a disability as to  the person who will serve as standby guardian.  The guardian shall give due  consideration to the preference of the person with a disability in selecting a standby  guardian.(b) Upon the filing of a petition for the appointment of a standby guardian,  the court may appoint a standby guardian of the person or estate, or both, of  the person with a disability as the court finds to be in the best interests of the  person with a disability.  The court shall apply the same standards used in determining the suitability  of a plenary or limited guardian in determining the suitability of a standby  guardian, giving due consideration to the preference of the person with a disability as  to a standby guardian.  The court may not appoint the Office of State Guardian, pursuant to  Section 30 of the Guardianship and Advocacy Act, or a public guardian, pursuant  to Section 13-5 of this Act, as a standby guardian, without the written consent  of the State Guardian or public guardian or an authorized representative of the  State Guardian or public guardian.(c) The standby guardian shall take and file an oath or affirmation that the  standby guardian will faithfully discharge the duties of the office of standby  guardian according to law, and shall file in and have approved by the court a  bond binding the standby guardian so to do, but shall not be required to file a  bond until the standby guardian assumes all duties as guardian of the person with a disability under Section 11a-18.2.(d) The designation of a standby guardian may, but need not, be in the  following form:  DESIGNATION OF STANDBY GUARDIAN [IT IS IMPORTANT TO READ THE FOLLOWING INSTRUCTIONS:A standby guardian is someone who has been appointed     by the court as the person who will act as guardian of the person with a disability when the guardian of the person with a disability dies or is no longer willing or able to make and carry out day-to-day care decisions concerning the person with a disability.  By properly completing this form, a guardian is naming the person that the guardian wants to be appointed as the standby guardian of the person with a disability. Signing the form does not appoint the standby guardian; to be appointed, a petition must be filed in and approved by the court.]1. Guardian and Ward. I, (insert name of designating     guardian), currently residing at (insert address of designating guardian), am the guardian of the following person with a disability:  (insert name of ward).2. Standby Guardian.  I hereby designate the     following person to be appointed as standby guardian for my ward listed above: (insert name and address of person designated).3. Successor Standby Guardian.  If the person named     in item 2 above cannot or will not act as standby guardian, I designate the following person to be appointed as successor standby guardian for my ward: (insert name and address of person designated).4. Date and Signature.  This designation is made this     (insert day) day of (insert month and year).Signed:   (designating guardian)5. Witnesses.  I saw the guardian sign this     designation or the guardian told me that the guardian signed this designation. Then I signed the designation as a witness in the presence of the guardian.  I am not designated in this instrument to act as a standby guardian for the guardian's ward.  (insert space for names, addresses, and signatures of 2 witnesses) [END OF FORM] (Source: P.A. 102-72, eff. 1-1-22.)