Illinois Appellate Court
Civil Court
Guardianship
Probate Act authorizes execution of an estate plan for a disabled adult which benefits him or others beyond his lifetime. The Probate Act mandates that the ward's wishes are an essential consideration of the guardian and the court. Preferred approach to estate planning is to follow the ward's subjective wishes, if they can be ascertained, but overriding principle is to act in ward's objective "best interests", which may mean deviating from intestacy, which should be resolved through evidentiary hearing.
(PALMER and REYES, concurring.)