755 ILCS 5/11a-14.1
Residential placement
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(755 ILCS 5/11a-14.1)
(from Ch. 110 1/2, par. 11a-14.1)
Sec. 11a-14.1.
Residential placement.) No guardian appointed under this
Article, except for duly appointed Public Guardians and the Office of State
Guardian, shall have the power, unless specified by court order, to place
his ward in a residential facility. The guardianship order may specify
the conditions on which the guardian may admit the ward to a residential
facility without further court order.
In making residential placement decisions, the guardian shall
make decisions in conformity with the preferences of the ward unless the
guardian is reasonably certain that the decisions will result in substantial
harm to the ward or to the ward's estate. When the preferences of the ward
cannot be ascertained or where they will result in substantial harm to the
ward or to the ward's estate, the guardian shall make decisions with respect to
the ward's placement which are in the best interests of the ward.
The guardian
shall not remove the ward from his or her home or separate the ward from family
and friends unless such removal is necessary to prevent substantial harm to the
ward
or to the ward's estate.
The guardian
shall have a duty to investigate the availability of reasonable residential
alternatives. The guardian shall monitor the placement of the ward on an
on-going basis to ensure its continued appropriateness, and shall pursue
appropriate alternatives as needed.
(Source: P.A. 90-250, eff. 7-29-97.)
Notes of Decisions
Cited in 5
cases (2 in the last 5 years), 2002–2023 · leading case: In re Estate of Kusmanoff
In re Estate of Kusmanoff (2017)
“755 ILCS 5/11a-14.1 (West 2014). On March 31, 2016, Michael and Lynda filed a notice of appeal, and MaryLou filed a separate notice of appeal, from the March 4, 2016, order, pursuant to Illinois Supreme Court Rule 304(b)(1) (eff.”
In re Estate of Kusmanoff (2017)
“755 ILCS 5/11a-14.1 (West 2014). On March 31, 2016, Michael and Lynda filed a notice of appeal, and MaryLou filed a separate notice of appeal, from the March 4, 2016, order, 31 pursuant to Illinois Supreme Court Rule 304(b)(1) (eff.”
In re Guardianship of Carpenter (2023)
“” 755 ILCS 5/11a-14.1 (West 2022). ¶ 23 Typically, an order is “final” if it “fixes absolutely and finally the rights of the parties in the lawsuit *** and disposes of the entire controversy; it is final if it determines the litigation on the merits so that, if affirmed, the…”
In re Estate of Kornesczuk (2023)
“” 755 ILCS 5/11a-14.1 (West 2020). ¶ 39 This language is clear and unambiguous; indeed, the parties do not argue otherwise.”
In re Guardianship of Muellner (2002)
“755 ILCS 5/11a-17(a) (West 2000). The guardianship order may specify the conditions on which the guardian may admit the ward to a residential facility without further court order.”
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