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2005 Illinois Code - 755 ILCS 5/      Probate Act of 1975. Article XI - Minors


      (755 ILCS 5/Art. XI heading)
ARTICLE XI. MINORS

    (755 ILCS 5/11‑1) (from Ch. 110 1/2, par. 11‑1)
    Sec. 11‑1. Minor defined.) A minor is a person who has not attained the age of 18 years. A person who has attained the age of 18 years is of legal age for all purposes except as otherwise provided in the Illinois Uniform Transfers to Minors Act.
(Source: P.A. 84‑915.)

    (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 guardianship for the minor and that the proposed guardian:
        (1) has attained the age of 18 years;
        (2) is a resident of the United States;
        (3) is not of unsound mind;
        (4) is not an adjudged disabled person as defined in
    
this Act; and
        (5) has not been convicted of a felony, unless the
    
court finds appointment of the person convicted of a felony to be in the minor's best interests, and as part of the best interest determination, the court has considered the nature of the offense, the date of offense, and the evidence of the proposed guardian's rehabilitation. No person shall be appointed who has been convicted of a felony involving harm or threat to a child, including a felony sexual offense.
One person may be appointed guardian of the person and
    
another person appointed guardian of the estate.
    (b) The Department of Human Services or the Department of Children and Family Services may with the approval of the court designate one of its employees to serve without fees as guardian of the estate of a minor patient in a State mental hospital or a resident in a State institution when the value of the personal estate does not exceed $1,000.
(Source: P.A. 94‑579, eff. 8‑12‑05.)

    (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 appoint a guardian of the person only of a minor or minors, as the court finds to be in the best interest of the minor or minors.
    (a‑1) A parent, adoptive parent or adjudicated parent, whose parental rights have not been terminated, may designate in any writing, including a will, a person qualified to act under Section 11‑3 to be appointed as guardian of the person or estate, or both, of an unmarried minor or of a child likely to be born. A parent, adoptive parent or adjudicated parent, whose parental rights have not been terminated, or a guardian or a standby guardian of an unmarried minor or of a child likely to be born may designate in any writing, including a will, a person qualified to act under Section 11‑3 to be appointed as successor guardian of the minor's person or estate, 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 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. The designation of a guardian or successor guardian does not affect the rights of the other parent in the minor.
    (b) The court lacks jurisdiction to proceed on a petition for the appointment of a guardian of a minor if (i) the minor has a living parent, adoptive parent or adjudicated parent, whose parental rights have not been terminated, whose whereabouts are known, and who is willing and able to make and carry out day‑to‑day child care decisions concerning the minor, unless the parent or parents consent to the appointment or, after receiving notice of the hearing under Section 11‑10.1, fail to object to the appointment at the hearing on the petition or (ii) there is a guardian for the minor appointed by a court of competent jurisdiction. There shall be a rebuttable presumption that a parent of a minor is willing and able to make and carry out day‑to‑day child care decisions concerning the minor, but the presumption may be rebutted by a preponderance of the evidence.
    (b‑1) If the court finds the appointment of a guardian of the minor to be in the best interest of the minor, and if a standby guardian has previously been appointed for the minor under Section 11‑5.3, the court shall appoint the standby guardian as the guardian of the person or estate, or both, of the minor unless the court finds, upon good cause shown, that the appointment would no longer be in the best interest of the minor.
    (c) If the minor is 14 years of age or more, the minor may nominate the guardian of the minor's person and estate, subject to approval of the court. If the minor's nominee is not approved by the court or if, after notice to the minor, the minor fails to nominate a guardian of the minor's person or estate, the court may appoint the guardian without nomination.
    (d) The court shall not appoint as guardian of the person of the minor any person whom the court has determined had caused or substantially contributed to the minor becoming a neglected or abused minor as defined in the Juvenile Court Act of 1987 unless 2 years have elapsed since the last proven incident of abuse or neglect and the court determines that appointment of such person as guardian is in the best interests of the minor.
    (e) Previous statements made by the minor relating to any allegations that the minor is an abused or neglected child within the meaning of the Abused and Neglected Child Reporting Act, or an abused or neglected minor within the meaning of the Juvenile Court Act of 1987, shall be admissible in evidence in a hearing concerning appointment of a guardian of the person or estate of the minor. No such statement, however, if uncorroborated and not subject to cross‑examination, shall be sufficient in itself to support a finding of abuse or neglect.
(Source: P.A. 90‑430, eff. 8‑16‑97; 90‑472, eff. 8‑17‑97; 90‑796, eff. 12‑15‑98.)

    (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 act under Section 11‑3 to be appointed as standby guardian of the person or estate, or both, of an unmarried minor or of a child likely to be born. A parent, adoptive parent, or adjudicated parent whose parental rights have not been terminated, or the guardian of the person of a minor or a standby guardian of an unmarried minor or of a child likely to be born may designate in any writing, including a will, a person qualified to act under Section 11‑3 to be appointed as successor standby guardian of the minor's person or estate, 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. The designation of a standby guardian or successor standby guardian does not affect the rights of the other parent in the minor.
    (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 a minor as the court finds to be in the best interest of the minor.
    (c) The court lacks jurisdiction to proceed on a petition for the appointment of a standby guardian of a minor if the minor has a living parent, adoptive parent or adjudicated parent, whose parental rights have not been terminated, whose whereabouts are known, and who is willing and able to make and carry out day‑to‑day child care decisions concerning the minor, unless the parent or parents consent to the appointment or, after receiving notice of the hearing under Section 11‑10.1, fail to object to the appointment at the hearing on the petition. There shall be a rebuttable presumption that a parent of a minor is willing and able to make and carry out day‑to‑day child care decisions concerning the minor, but the presumption may be rebutted by a preponderance of the evidence.
    (d) 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 minor under Section 11‑13.1.
    (e) 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 child when the child's parents or the guardian of the person of the child die or are no longer willing or able to make and carry out day‑to‑day child care decisions concerning the child. By properly completing this form, a parent or the guardian of the person of the child is naming the person that the parent or the guardian wants to be appointed as the standby guardian of the child or children. Both parents of a child may join together and co‑sign this form. Signing the form does not appoint the standby guardian; to be appointed, a petition must be filed in and approved by the court.]
        1. Parent (or guardian) and Children. I, (insert
    
name of designating parent or guardian), currently residing at (insert address of designating parent or guardian), am a parent (or the guardian of the person) of the following child or children (or of a child likely to be born): (insert name and date of birth of each child, or insert the words "not yet born" to designate a standby guardian for a child likely to be born and the child's expected date of birth).
        2. Standby Guardian. I hereby designate the
    
following person to be appointed as standby guardian for the child or children 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 the child or children: (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 parent or guardian)
        5. Witnesses. I saw the parent (or the guardian of
    
the person of the child) sign this designation or the parent (or the guardian of the person of the child) told me that (he or she) signed this designation. Then I signed the designation as a witness in the presence of the parent (or the guardian). I am not designated in this instrument to act as a standby guardian for the child or children. (insert space for names, addresses, and signatures of 2 witnesses).
(Source: P.A. 90‑796, eff. 12‑15‑98.)

    (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 unmarried minor or a child likely to be born. The written instrument appointing a short‑term guardian shall be dated and shall identify the appointing parent or guardian, the minor, and the person appointed to be the short‑term guardian. The written instrument shall be signed by, or at the direction of, the appointing parent in the presence of at least 2 credible witnesses at least 18 years of age, neither of whom is the person appointed as the short‑term guardian. The person appointed as the short‑term guardian shall also sign the written instrument, but need not sign at the same time as the appointing parent.
    (b) A parent or guardian shall not appoint a short‑term guardian of a minor if the minor has another living parent, adoptive parent or adjudicated parent, whose parental rights have not been terminated, whose whereabouts are known, and who is willing and able to make and carry out day‑to‑day child care decisions concerning the minor, unless the nonappointing parent consents to the appointment by signing the written instrument of appointment.
    (c) The appointment of the short‑term guardian is effective immediately upon the date the written instrument is executed, unless the written instrument provides for the appointment to become effective upon a later specified date or event. The short‑term guardian shall have authority to act as guardian of the minor as provided in Section 11‑13.2 for a period of 60 days from the date the appointment is effective, unless the written instrument provides for the appointment to terminate upon an earlier specified date or event. Only one written instrument appointing a short‑term guardian may be in force at any given time.
    (d) Every appointment of a short‑term guardian may be amended or revoked by the appointing parent or by the appointing guardian of the person of the minor at any time and in any manner communicated to the short‑term guardian or to any other person. Any person other than the short‑term guardian to whom a revocation or amendment is communicated or delivered shall make all reasonable efforts to inform the short‑term guardian of that fact as promptly as possible.
    (e) The appointment of a short‑term guardian or successor short‑term guardian does not affect the rights of the other parent in the minor.
    (f) The written instrument appointing a short‑term guardian may, but need not, be in the following form:
 
APPOINTMENT OF SHORT‑TERM GUARDIAN     
[IT IS IMPORTANT TO READ THE FOLLOWING INSTRUCTIONS:     By properly completing this form, a parent or the guardian of the person of the child is appointing a guardian of a child of the parent (or a minor ward of the guardian, as the case may be) for a period of up to 60 days. A separate form should be completed for each child. The person appointed as the guardian must sign the form, but need not do so at the same time as the parent or parents or guardian.
    This form may not be used to appoint a guardian if there is a guardian already appointed for the child, except that if a guardian of the person of the child has been appointed, that guardian may use this form to appoint a short‑term guardian. Both living parents of a child may together appoint a guardian of the child, or the guardian of the person of the child may appoint a guardian of the child, for a period of up to 60 days through the use of this form. If the short‑term guardian is appointed by both living parents of the child, the parents need not sign the form at the same time.]
        1. Parent (or guardian) and Child. I, (insert name
    
of appointing parent or guardian), currently residing at (insert address of appointing parent or guardian), am a parent (or the guardian of the person) of the following child (or of a child likely to be born): (insert name and date of birth of child, or insert the words "not yet born" to appoint a short‑term guardian for a child likely to be born and the child's expected date of birth).
        2. Guardian. I hereby appoint the following person
    
as the short‑term guardian for the child: (insert name and address of appointed person).
        3. Effective date. This appointment becomes
    
effective: (check one if you wish it to be applicable)
            ( ) On the date that I state in writing that I
        
am no longer either willing or able to make and carry out day‑to‑day child care decisions concerning the child.
            ( ) On the date that a physician familiar with
        
my condition certifies in writing that I am no longer willing or able to make and carry out day‑to‑day child care decisions concerning the child.
            ( ) On the date that I am admitted as an
        
in‑patient to a hospital or other health care institution.
            ( ) On the following date: (insert date).
            ( ) Other: (insert other).
[NOTE: If this item is not completed, the appointment is effective immediately upon the date the form is signed and dated below.]
        4. Termination. This appointment shall terminate 60
    
days after the effective date, unless it terminates sooner as determined by the event or date I have indicated below: (check one if you wish it to be applicable)
            ( ) On the date that I state in writing that I
        
am willing and able to make and carry out day‑to‑day child care decisions concerning the child.
            ( ) On the date that a physician familiar with
        
my condition certifies in writing that I am willing and able to make and carry out day‑to‑day child care decisions concerning the child.
            ( ) On the date that I am discharged from the
        
hospital or other health care institution where I was admitted as an in‑patient, which established the effective date.
            ( ) On the date which is (state a number of
        
days, but no more than 60 days) days after the effective date.
            ( ) Other: (insert other).
[NOTE: If this item is not completed, the appointment will be effective for a period of 60 days, beginning on the effective date.]
        5. Date and signature of appointing parent or
    
guardian. This appointment is made this (insert day) day of (insert month and year).
            Signed: (appointing parent)
        6. Witnesses. I saw the parent (or the guardian of
    
the person of the child) sign this instrument or I saw the parent (or the guardian of the person of the child) direct someone to sign this instrument for the parent (or the guardian). Then I signed this instrument as a witness in the presence of the parent (or the guardian). I am not appointed in this instrument to act as the short‑term guardian for the child. (Insert space for names, addresses, and signatures of 2 witnesses)
        7. Acceptance of short‑term guardian. I accept this
    
appointment as short‑term guardian on this (insert day) day of (insert month and year).
            Signed: (short‑term guardian)
        8. Consent of child's other parent. I, (insert name
    
of the child's other living parent), currently residing at (insert address of child's other living parent), hereby consent to this appointment on this (insert day) day of (insert month and year).
            Signed: (consenting parent)
[NOTE: The signature of a consenting parent is not necessary if one of the following applies: (i) the child's other parent has died; or (ii) the whereabouts of the child's other parent are not known; or (iii) the child's other parent is not willing or able to make and carry out day‑to‑day child care decisions concerning the child; or (iv) the child's parents were never married and no court has issued an order establishing parentage.]
(Source: P.A. 90‑796, eff. 12‑15‑98.)

    (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 court of a county in which his real or personal estate is located.
(Source: P.A. 80‑1415.)

    (755 ILCS 5/11‑7) (from Ch. 110 1/2, par. 11‑7)
    Sec. 11‑7. Parental right to custody.) If both parents of a minor are living and are competent to transact their own business and are fit persons, they are entitled to the custody of the person of the minor and the direction of his education. If one parent is dead and the surviving parent is competent to transact his own business and is a fit person, he is similarly entitled. The parents have equal powers, rights and duties concerning the minor. If the parents live apart, the court for good reason may award the custody and education of the minor to either parent or to some other person.
(Source: P.A. 79‑328.)

    (755 ILCS 5/11‑7.1) (from Ch. 110 1/2, par. 11‑7.1)
    Sec. 11‑7.1. Visitation rights.
    (a) Whenever both natural or adoptive 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 visitation would be detrimental to the best interests and welfare of the minor. In the discretion of the court, reasonable visitation rights may be granted to any other relative of the minor or other person having an interest in the welfare of the child. However, the court shall not grant visitation privileges to any person who otherwise might have visitation privileges under this Section where the minor has been adopted subsequent to the death of both his legal parents except where such adoption is by a close relative. For the purpose of this Section, "close relative" shall include, but not be limited to, a grandparent, aunt, uncle, first cousin, or adult brother or sister.
    Where such adoption is by a close relative, the court shall not grant visitation privileges under this Section unless the petitioner alleges and proves that he or she has been unreasonably denied visitation with the child. The court may grant reasonable visitation privileges upon finding that such visitation would be in the best interest of the child.
    An order denying visitation rights to grandparents of the minor shall be in writing and shall state the reasons for denial. An order denying visitation rights is a final order for purposes of appeal.
    (b) Unless the court determines, after considering all relevant factors, including but not limited to those set forth in Section 602(a) of the Illinois Marriage and Dissolution of Marriage Act, that it would be in the best interests of the child to allow visitation, the court shall not enter an order providing visitation rights and pursuant to a motion to modify visitation brought under Section 607(f) of the Illinois Marriage and Dissolution of Marriage Act shall revoke visitation rights previously granted to any person who would otherwise be entitled to petition for visitation rights under this Section who has been convicted of first degree murder of the parent, grandparent, great‑grandparent, or sibling of the child who is the subject of the order. Until an order is entered pursuant to this subsection, no person shall visit, with the child present, a person who has been convicted of first degree murder of the parent, grandparent, great‑grandparent, or sibling of the child without the consent of the child's parent, other than a parent convicted of first degree murder as set forth herein, or legal guardian.
(Source: P.A. 90‑801, eff. 6‑1‑99.)

    (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 state, if known: (1) the name, date of birth and residence of the minor; (2) the names and post office addresses of the nearest relatives of the minor in the following order: (i) the spouse, if any; if none, (ii) the parents and adult brothers and sisters, if any; if none, (iii) the nearest adult kindred; (3) the name and post office address of the person having the custody of the minor; (4) the approximate value of the personal estate; (5) the amount of the anticipated gross annual income and other receipts; (6) the name, post office address and, in case of an individual, the age and occupation of the proposed guardian; (7) the facts concerning the execution or admission to probate of the written designation of the guardian, if any, a copy of which shall be attached to or filed with the petition; and (8) the facts concerning any juvenile, adoption, parentage, dissolution, or guardianship court actions pending concerning the minor or the parents of the minor and whether any guardian is currently acting for the minor. In addition, if the petition seeks the appointment of a previously appointed standby guardian as guardian of the minor, the petition must also state: (9) the facts concerning the standby guardian's previous appointment and (10) the date of death of the minor's parent or parents or the facts concerning the consent of the minor's parent or parents to the appointment of the standby guardian as guardian, or the willingness and ability of the minor's parent or parents to make and carry out day‑to‑day child care decisions concerning the minor.
    (b) A single petition for appointment of only a guardian of the person of a minor may include more than one minor. The statements required in items (1) and (2) of subsection (a) shall be listed separately for each minor.
(Source: P.A. 90‑796, eff. 12‑15‑98.)

    (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 office addresses of the nearest relatives of the minor in the following order: (1) the parents, if any; if none, (2) the adult brothers and sisters, if any; if none, (3) the nearest adult kindred; (c) the name and post office address of the person having custody of the minor; (d) the name, post office address, and, in case of any individual, the age and occupation of the proposed standby guardian; (e) the facts concerning the consent of the minor's parent or parents or the guardian of the person of the minor to the appointment of the standby guardian, or the willingness and ability of the minor's parent or parents, if any, or the guardian of the person of the minor to make and carry out day‑to‑day child care decisions concerning the minor; (f) the facts concerning the execution or admission to probate of the written designation of the standby guardian, if any, a copy of which shall be attached to or filed with the petition; and (g) the facts concerning any juvenile, adoption, parentage, dissolution, or guardianship court actions pending concerning the minor or the parents of the minor and whether any guardian is currently acting for the minor.
(Source: P.A. 90‑796, eff. 12‑15‑98.)

    (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 appointment of a guardian for a minor if the petition for an order of protection alleges that a person who is party to or the subject of the proceeding has been abused by or has abused a family or household member. The Illinois Domestic Violence Act of 1986 shall govern the issuance, enforcement and recording of orders of protection issued under this Section.
(Source: P.A. 84‑1305.)

    (755 ILCS 5/11‑10.1) (from Ch. 110 1/2, par. 11‑10.1)
    Sec. 11‑10.1. Procedure for appointment of a standby guardian or a guardian of a minor.
    (a) Unless excused by the court for good cause shown, it is the duty of the petitioner to give notice of the time and place of the hearing on the petition, in person or by mail, to the minor, if the minor is 14 years, or older, and to the relatives of the minor whose names and addresses are stated in the petition, not less than 3 days before the hearing, but failure to give notice to any relative is not jurisdictional.
    (b) In any proceeding for the appointment of a standby guardian or a guardian the court may appoint a guardian ad litem to represent the minor in the proceeding.
(Source: P.A. 88‑529.)

    (755 ILCS 5/11‑11) (from Ch. 110 1/2, par. 11‑11)
    Sec. 11‑11. Costs in certain cases.) 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 when the primary purpose of the appointment is any of the following:
    (a) The proper expenditure of public assistance awarded to the ward under the provisions of any act of the General Assembly;
    (b) The collection, disbursement or administering of money or assets derived from money awarded to the ward by the Veterans Administration or by any state or territory of the United States or the District of Columbia as a veteran's benefit, but costs may be allowed, in the discretion of the court, whenever there are assets from sources other than the Veterans Administration;
    (c) The management of the estate of a minor patient in a State mental health or developmental disabilities facility when the value of the personal estate does not exceed $1,000.
(Source: P.A. 80‑1415.)

    (755 ILCS 5/11‑13) (from Ch. 110 1/2, par. 11‑13)
    Sec. 11‑13. Duties of guardian of a minor. Before a guardian of a minor may act, the guardian shall be appointed by the court of the proper county and, in the case of a guardian of the minor's estate, the guardian shall give the bond prescribed in Section 12‑2. Except as provided in Section 11‑13.1 and Section 11‑13.2 with respect to the standby or short‑term guardian of the person of a minor, the court shall have control over the person and estate of the ward. Under the direction of the court:
    (a) The guardian of the person shall have the custody, nurture and tuition and shall provide education of the ward and of his children, but the ward's spouse may not be deprived of the custody and education of the spouse's children, without consent of the spouse, unless the court finds that the spouse is not a fit and competent person to have such custody and education. If the ward's estate is insufficient to provide for the ward's education and the guardian of his person fails to provide education, the court may award the custody of the ward to some other person for the purpose of providing education. If a person makes a settlement upon or provision for the support or education of a ward and if either parent of the ward is dead, the court may make such order for the visitation of the ward by the person making the settlement or provision as the court deems proper.
    (b) The guardian or other representative of the ward's 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 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 representative 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. The court, upon petition of a guardian of the estate of a minor, may permit the guardian to make a will or create a revocable or irrevocable trust for the minor that the court considers appropriate in light of changes in applicable tax laws that allow for minimization of State or federal income, estate, or inheritance taxes; however, the will or trust must make distributions only to the persons who would be entitled to distributions if the minor were to die intestate and the will or trust must make distributions to those persons in the same amounts to which they would be entitled if the minor were to die intestate.
    (c) Upon the direction of the court which issued his letters a representative may perform the contracts of his ward which were legally subsisting at the time of the commencement of the guardianship. The court may authorize the guardian to execute and deliver any bill of sale, deed or other instrument.
    (d) The representative 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 representative or next friend. This does not impair the power of any court to appoint a representative 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. Any proceeding on behalf of a minor may be commenced and prosecuted by his next friend, without any previous authority or appointment by the court if the next friend enters bond for costs and files it in the court where the proceeding is pending. Without impairing the power of the court in any respect, if the representative of the estate of a minor and another person as next friend shall appear for and represent the minor 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 minor 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.
    (e) 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 interest of the minor, 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 interest of the minor. 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 a guardian appointed for the minor.
(Source: P.A. 90‑345, eff. 8‑8‑97; 91‑149, eff. 1‑1‑00.)

    (755 ILCS 5/11‑13.1)
    Sec. 11‑13.1. Duties of standby guardian of a minor.
    (a) Before a standby guardian of a minor may act, the standby guardian must be appointed by the court of the proper county and, in the case of a standby guardian of the minor's estate, the standby guardian must give the bond prescribed in subsection (d) of Section 11‑5.3 and Section 12‑2.
    (b) The standby guardian shall not have any duties or authority to act until the standby guardian receives knowledge (i) of the death or consent of the minor's parent or parents or of the guardian of the person of the minor, or (ii) the inability of the minor's parent or parents or of the guardian of the person of the minor to make and carry out day‑to‑day child care decisions concerning the minor for whom the standby guardian has been appointed. This inability to make and carry out day‑to‑day child care decisions may be communicated either by the parent's or the guardian's own admission or by the written certification of the parent's or guardian's attending physician. Immediately upon receipt of that knowledge, the standby guardian shall assume all duties as guardian of the minor as previously determined by the order appointing the standby guardian, and as set forth in Section 11‑13, and the standby guardian of the person shall have the authority to act as guardian of the person without direction of court for a period of up to 60 days, provided that the authority of the standby guardian may be limited or terminated by a court of competent jurisdiction.
    (c) Within 60 days of the standby guardian's receipt of knowledge of (i) the death or consent of the minor's parent or parents or guardian or (ii) the inability of the minor's parent or parents or guardian to make and carry out day‑to‑day child care decisions concerning the minor, the standby guardian shall file or cause to be filed a petition for the appointment of a guardian of the person or estate, or both, of the minor under Section 11‑5.
(Source: P.A. 90‑796, eff. 12‑15‑98.)

    (755 ILCS 5/11‑13.2)
    Sec. 11‑13.2. Duties of short‑term guardian of a minor.
    (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 minor as provided in this Section. The short‑term guardian of the person shall have authority to act as short‑term guardian, without direction of court, for the duration of the appointment, which in no case shall exceed a period of 60 days. The authority of the short‑term guardian may be limited or terminated by a court of competent jurisdiction.
    (b) Unless further specifically limited by the instrument appointing the short‑term guardian, a short‑term guardian shall have the authority to act as a guardian of the person of a minor as prescribed in Section 11‑13, but shall not have any authority to act as guardian of the estate of a minor, except that a short‑term guardian shall have the authority to apply for and receive on behalf of the minor benefits to which the child may be entitled from or under federal, State, or local organizations or programs.
(Source: P.A. 88‑529.)

    (755 ILCS 5/11‑13.3)
    Sec. 11‑13.3. Reliance on authority of guardian, standby guardian, short‑term guardian.
    (a) Every health care provider and other person (reliant) has the right to rely on any decision or direction made by the guardian, standby guardian, or short‑term guardian that is not clearly contrary to the law, to the same extent and with the same effect as though the decision or direction had been made or given by the parent. Any person dealing with the guardian, standby guardian, or short‑term guardian may presume in the absence of actual knowledge to the contrary that the acts of the guardian, standby guardian, or short‑term guardian conform to the provisions of the law. A reliant shall not be protected if the reliant has actual knowledge that the guardian, standby guardian, or short‑term guardian is not entitled to act or that any particular action or inaction is contrary to the provisions of the law.
    (b) A health care provider (provider) who relies on and carries out a guardian's, standby guardian's, or short‑term guardian's directions and who acts with due care and in accordance with the law shall not be subject to any claim based on lack of parental consent, or to criminal prosecution, or to discipline for unprofessional conduct. Nothing in this Section shall be deemed to protect a provider from liability for the provider's own negligence in the performance of the provider's duties or in carrying out any instructions of the guardian, standby guardian, or short‑term guardian, and nothing in this Section shall be deemed to alter the law of negligence as it applies to the acts of any guardian, standby guardian, or short‑term guardian or provider.
    (c) A guardian, standby guardian, or short‑term guardian who acts or refrains from acting is not subject to criminal prosecution or any claim based upon lack of his or her authority or failure to act, if the act or failure to act was with due care and in accordance with law. The guardian, standby guardian, or short‑term guardian shall not be liable merely because he or she may benefit from the act, has individual or conflicting interests in relation to the care and affairs of the parent, or acts in a different manner with respect to the parent's and guardian's, standby guardian's, or short‑term guardian's own care or interests.
(Source: P.A. 89‑438, eff. 12‑15‑95.)

    (755 ILCS 5/11‑14.1) (from Ch. 110 1/2, par. 11‑14.1)
    Sec. 11‑14.1. Revocation of letters. Upon the minor reaching the age of majority, the letters of office shall be revoked only as to that minor and the guardianship over that minor shall be terminated. The letters of office and the guardianship shall remain as to any other minors included in the same letters of office or guardianship order.
(Source: P.A. 90‑796, eff. 12‑15‑98.)

    (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.)

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