755 ILCS 5/11a-18
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)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 frugally and shall  apply the income and principal of the estate so far as necessary for the  comfort and suitable support and education of the ward, his minor and adult  dependent children, and persons related by blood or marriage  who are dependent upon or entitled to support from him, or for any other  purpose which the court deems to be for the best interests of the ward,  and the court may approve the making on behalf of the ward of such  agreements as the court determines to be for the ward's best interests.  The guardian may make disbursement of his ward's  funds and estate directly to the ward or other distributee or in such  other manner and in such amounts as the court directs.  If the estate of  a ward is derived in whole or in part from payments of compensation,  adjusted compensation, pension, insurance or other similar benefits made  directly to the estate by the Veterans Administration, notice of the  application for leave to invest or expend the ward's funds or estate,  together with a copy of the petition and proposed order, shall be given  to the Veterans' Administration Regional Office in this State at least 7  days before the hearing on the application.(a-5) The probate court, upon petition of a guardian, other than the  guardian of a minor, and after notice to all other persons interested as the  court directs, may authorize the guardian to exercise any or all powers over  the estate and business affairs of the ward that the ward could exercise if  present and not under disability.  The court may authorize the taking of an  action or the application of funds not required for the ward's current and  future maintenance  and support in any manner approved by the court as being in keeping with the  ward's wishes so far as they can be ascertained.  The court must consider the  permanence of the ward's disabling condition and the natural objects of the  ward's bounty.  In ascertaining and carrying  out the ward's wishes the court may consider, but shall not be limited to,  minimization of State or federal income, estate, or inheritance taxes; and  providing gifts to charities, relatives, and friends that would be likely  recipients of donations from the ward.  The ward's wishes as best they can be  ascertained shall be carried out, whether or not tax savings are involved.  Actions or applications of funds may include, but shall not be limited to, the  following:(1) making gifts of income or principal, or both, of     the estate, either outright or in trust;(2) conveying, releasing, or disclaiming his or her     contingent and expectant interests in property, including marital property rights and any right of survivorship incident to joint tenancy or tenancy by the entirety;(3) releasing or disclaiming his or her powers as     trustee, personal representative, custodian for minors, or guardian;(4) exercising, releasing, or disclaiming his or her     powers as donee of a power of appointment;(5) entering into contracts;(6) creating for the benefit of the ward or others,     revocable or irrevocable trusts of his or her property that  may extend beyond his or her disability or life;(7) exercising options of the ward to purchase or     exchange securities or other property;(8) exercising the rights of the ward to elect     benefit or payment options, to terminate, to change beneficiaries or ownership, to assign rights, to borrow, or to receive cash value in return for a surrender of rights under any one or more of the following:(i) life insurance policies, plans, or benefits,(ii) annuity policies, plans, or benefits,(iii) mutual fund and other dividend investment         plans,(iv) retirement, profit sharing, and employee         welfare plans and benefits;(9) exercising his or her right to claim or disclaim     an elective share in the estate of his or her deceased spouse and to renounce any interest by testate or intestate succession or by inter vivos transfer;(10) changing the ward's residence or domicile; or(11) modifying by means of codicil or trust amendment     the terms of the ward's will or any revocable trust created by the ward, as the court may consider advisable in light of changes in applicable tax laws.The guardian in his or her petition shall briefly outline the action or  application of funds for which he or she seeks approval, the results expected  to be accomplished thereby, and the tax savings, if any, expected to accrue.  The proposed action or application of funds may include gifts of the ward's  personal property or real estate, but transfers of real estate shall be subject  to the requirements of Section 20 of this Act.  Gifts may be for  the benefit of prospective legatees, devisees, or heirs apparent of the ward  or may be made to individuals or charities in which the ward is believed to  have an interest.  The guardian shall also indicate in the petition that any  planned disposition is consistent with the intentions of the ward insofar as  they can be ascertained, and if the ward's intentions cannot be ascertained,  the ward will be presumed to favor reduction in the incidents of various forms  of taxation and the partial distribution of his or her estate as provided in  this subsection.  The guardian shall not, however, be required to include as  a beneficiary or fiduciary any person who he has reason to believe would be  excluded by the ward.  A guardian shall be required to investigate and pursue  a ward's eligibility for governmental benefits.(a-6) The guardian may, without an order of court, open, maintain, and transfer funds to an ABLE account on behalf of the ward and the ward's minor and adult dependent children as specified under Section 16.6 of the State Treasurer Act.(b) Upon the direction of the court which issued his letters,  a guardian may perform the contracts of his ward which were  legally subsisting at the time of the commencement of the ward's  disability.  The court may authorize the guardian to execute and deliver  any bill of sale, deed or other instrument.(c) The guardian of the estate of a ward shall  appear for and represent the ward in all legal proceedings unless another  person is appointed for that purpose as guardian or next friend. This does not  impair the power of any court to appoint a guardian ad litem or next friend  to defend the interests of the ward in that court, or to appoint or allow any   person as the next friend of a ward to commence, prosecute or defend any  proceeding in his behalf.  Without impairing the power of the court in any  respect, if the guardian of the estate of a ward and another person as next  friend shall appear for and represent the ward in a legal proceeding in which  the compensation of the attorney or attorneys representing the guardian and  next friend is solely determined under a contingent fee arrangement, the  guardian of the estate of the ward shall not participate in or have any duty  to review the prosecution of the action, to participate in or review the  appropriateness of any settlement of the action, or to participate in or review  any determination of the appropriateness of any fees awarded to the attorney or  attorneys employed in the prosecution of the action.(d) Adjudication of disability shall not revoke or  otherwise terminate a trust which is revocable by the ward.  A guardian of the  estate shall have no authority to revoke a trust that is revocable by the  ward, except that the court may authorize a guardian to revoke a Totten trust  or similar deposit or withdrawable capital account in trust to the extent  necessary to provide funds for the purposes specified in paragraph (a) of  this Section.  If the trustee of any trust for the benefit of the ward has  discretionary power to apply income or principal for the ward's benefit,  the trustee shall not be required to distribute any of the income or principal  to the guardian of the ward's estate, but the guardian may  bring an action on behalf of the ward to compel  the trustee to exercise the trustee's discretion or to seek relief from  an abuse of discretion.  This paragraph shall not limit the right of a  guardian of the estate to receive accountings from the trustee  on behalf of the ward.(d-5) Upon a verified petition by the plenary or limited guardian of the estate or the request of the ward that is accompanied by a current physician's report that states the ward possesses testamentary capacity, the court may enter an order authorizing the ward to execute a will or codicil.  In so ordering, the court shall authorize the guardian to retain independent counsel for the ward with whom the ward may execute or modify a will or codicil.(e) Absent court order pursuant to the Illinois Power of Attorney  Act directing a guardian to exercise  powers of the principal under an agency that survives disability, the  guardian will have no power, duty or liability with respect to any property  subject to the agency.  This subsection (e) applies to all agencies,  whenever and wherever executed.(f) Upon petition by any interested person (including the standby or  short-term guardian), with such notice to interested persons as the court  directs and a finding by the court that it is in the best interests of the  person with a disability, the court may terminate or limit the authority of a standby or  short-term guardian or may enter such other orders as the court deems necessary  to provide for the best interests of the person with a disability.  The petition for  termination or limitation of the authority of a standby or short-term guardian  may, but need not, be combined with a petition to have another guardian  appointed for the person with a disability.  (Source: P.A. 101-329, eff. 8-9-19; 102-72, eff. 1-1-22.)