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90_HB2367enr
755 ILCS 5/1-2.23
755 ILCS 5/1-2.24
755 ILCS 5/11a-3.1 new
755 ILCS 5/11a-3.2 new
755 ILCS 5/11a-8 from Ch. 110 1/2, par. 11a-8
755 ILCS 5/11a-8.1 new
755 ILCS 5/11a-10.2 new
755 ILCS 5/11a-17 from Ch. 110 1/2, par. 11a-17
755 ILCS 5/11a-18 from Ch. 110 1/2, par. 11a-18
755 ILCS 5/11a-18.2 new
755 ILCS 5/11a-18.3 new
755 ILCS 5/11a-23
755 ILCS 5/12-2 from Ch. 110 1/2, par. 12-2
Amends the Probate Act of 1975. Provides for the
designation by the current guardian of a disabled adult of a
standby guardian to act on an interim basis as guardian upon
the death of the current guardian and in other circumstances,
for a period of 60 days, allowing time for a petition to be
filed and another guardian to be appointed. Provides for the
establishment of a short-term guardian of the person of a
disabled adult, to be designated by the current guardian, to
act as guardian for up to 60 days for health or other
reasons. Establishes procedures and conditions for the
appointment of these guardians.
LRB9006820SMpkA
HB2367 Enrolled LRB9006820SMpkA
1 AN ACT concerning probate, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 2. The Clerks of Courts Act is amended by
5 changing Sections 27.1, 27.1a, 27.2, and 27.2a as follows:
6 (705 ILCS 105/27.1) (from Ch. 25, par. 27.1)
7 Sec. 27.1. The fees of the Clerk of the Circuit Court in
8 all counties having a population of 180,000 inhabitants or
9 less shall be paid in advance, except as otherwise provided,
10 and shall be as follows:
11 (a) Civil Cases
12 (1) All civil cases except as otherwise
13 provided........................................... $40
14 (2) Judicial Sales (except Probate).......... $40
15 (b) Family
16 (1) Commitment petitions under the Mental
17 Health and Developmental Disabilities Code, filing
18 transcript of commitment proceedings held in
19 another county, and cases under the Juvenile Court
20 Act of 1987........................................ $25
21 (2) Petition for Marriage Licenses........... $10
22 (3) Marriages in Court....................... $10
23 (4) Paternity................................ $40
24 (c) Criminal and Quasi-Criminal
25 (1) Each person convicted of a felony........ $40
26 (2) Each person convicted of a misdemeanor,
27 leaving scene of an accident, driving while
28 intoxicated, reckless driving or drag racing,
29 driving when license revoked or suspended,
30 overweight, or no interstate commerce certificate,
31 or when the disposition is court supervision....... $25
HB2367 Enrolled -2- LRB9006820SMpkA
1 (3) Each person convicted of a business
2 offense............................................ $25
3 (4) Each person convicted of a petty offense. $25
4 (5) Minor traffic, conservation, or
5 ordinance violation, including
6 without limitation when the disposition is
7 court supervision:
8 (i) For each offense.................... $10
9 (ii) For each notice sent to the
10 defendant's last known address pursuant to
11 subsection (c) of Section 6-306.4 of the Illinois
12 Vehicle Code....................................... $2
13 (iii) For each notice sent to the
14 Secretary of State pursuant to subsection (c) of
15 Section 6-306.4 of the Illinois Vehicle Code....... $2
16 (6) When Court Appearance required........... $15
17 (7) Motions to vacate or amend final orders.. $10
18 (8) In ordinance violation cases punishable
19 by fine only, the clerk of the circuit court shall
20 be entitled to receive, unless the fee is excused
21 upon a finding by the court that the defendant is
22 indigent, in addition to other fees or costs
23 allowed or imposed by law, the sum of $50 as a fee
24 for the services of a jury. The jury fee shall be
25 paid by the defendant at the time of filing his or
26 her jury demand. If the fee is not so paid by the
27 defendant, no jury shall be called, and the case
28 shall be tried by the court without a jury.
29 (d) Other Civil Cases
30 (1) Money or personal property claimed does
31 not exceed $500.................................... $10
32 (2) Exceeds $500 but not more than $10,000... $25
33 (3) Exceeds $10,000, when relief in addition
34 to or supplemental to recovery of money alone is
HB2367 Enrolled -3- LRB9006820SMpkA
1 sought in an action to recover personal property
2 taxes or retailers occupational tax regardless of
3 amount claimed..................................... $45
4 (4) The Clerk of the Circuit Court shall be
5 entitled to receive, in addition to other fees
6 allowed by law, the sum of $50, as a fee for the
7 services of a jury in every civil action not
8 quasi-criminal in its nature and not a proceeding
9 for the exercise of the right of eminent domain,
10 and in every equitable action wherein the right of
11 trial by jury is or may be given by law. The jury
12 fee shall be paid by the party demanding a jury at
13 the time of filing his jury demand. If such a fee
14 is not paid by either party, no jury shall be
15 called in the action, suit, or proceeding, and the
16 same shall be tried by the court without a jury.
17 (e) Confession of judgment and answer
18 (1) When the amount does not exceed $1,000... $20
19 (2) Exceeds $1,000........................... $40
20 (f) Auxiliary Proceedings
21 Any auxiliary proceeding relating to the
22 collection of a money judgment, including
23 garnishment, citation, or wage deduction action.... $5
24 (g) Forcible entry and detainer
25 (1) For possession only or possession and
26 rent not in excess of $10,000...................... $10
27 (2) For possession and rent in excess of
28 $10,000............................................ $40
29 (h) Eminent Domain
30 (1) Exercise of Eminent Domain............... $45
31 (2) For each and every lot or tract of land
32 or right or interest therein subject to be
33 condemned, the damages in respect to which shall
34 require separate assessments by a jury............. $45
HB2367 Enrolled -4- LRB9006820SMpkA
1 (i) Reinstatement
2 Each case including petition for modification
3 of a judgment or order of Court if filed later than
4 30 days after the entry of a judgment or order,
5 except in forcible entry and detainer cases and
6 small claims and except a petition to modify,
7 terminate, or enforce a judgement or order for
8 child or spousal support or to modify, suspend, or
9 terminate an order for withholding, petition to
10 vacate judgment of dismissal for want of
11 prosecution whenever filed, petition to reopen an
12 estate, or redocketing of any cause................ $20
13 (j) Probate
14 (1) Administration of decedent's estates,
15 whether testate or intestate, guardianships of the
16 person or estate or both of a person under legal
17 disability, guardianships of the person or estate
18 or both of a minor or minors, or petitions to sell
19 real estate in the administration of any estate.... $50
20 (2) Small estates in cases where the real and
21 personal property of an estate does not exceed
22 $5,000............................................. $25
23 (3) At any time during the administration of
24 the estate, however, at the request of the Clerk,
25 the Court shall examine the record of the estate
26 and the personal representative to determine the
27 total value of the real and personal property of
28 the estate, and if such value exceeds $5,000 shall
29 order the payment of an additional fee in the
30 amount of.......................................... $40
31 (4) Inheritance tax proceedings.............. $15
32 (5) Issuing letters only for a certain
33 specific reason other than the administration of an
34 estate, including but not limited to the release of
HB2367 Enrolled -5- LRB9006820SMpkA
1 mortgage; the issue of letters of guardianship in
2 order that consent to marriage may be granted or
3 for some other specific reason other than for the
4 care of property or person; proof of heirship
5 without administration; or when a will is to be
6 admitted to probate, but the estate is to be
7 settled without administration..................... $10
8 (6) When a separate complaint relating to any
9 matter other than a routine claim is filed in an
10 estate, the required additional fee shall be
11 charged for such filing............................ $45
12 (k) Change of Venue
13 From a court, the charge is the same amount as
14 the original filing fee; however, the fee for
15 preparation and certification of record on change
16 of venue, when original documents or copies are
17 forwarded.......................................... $10
18 (l) Answer, adverse pleading, or appearance
19 In civil cases.......... $15
20 With the following exceptions:
21 (1) When the amount does not exceed $500..... $5
22 (2) When amount exceeds $500 but not $10,000. $10
23 (3) When amount exceeds $10,000.............. $15
24 (4) Court appeals when documents are
25 forwarded, over 200 pages, additional fee per page
26 over 200........................................... 10¢
27 (m) Tax objection complaints
28 For each tax objection complaint containing
29 one or more tax objections, regardless of the
30 number of parcels involved or the number of
31 taxpayers joining the complaint.................... $10
32 (n) Tax deed
33 (1) Petition for tax deed, if only one parcel
34 is involved........................................ $45
HB2367 Enrolled -6- LRB9006820SMpkA
1 (2) For each additional parcel involved, an
2 additional fee of.................................. $10
3 (o) Mailing Notices and Processes
4 (1) All notices that the clerk is required to
5 mail as first class mail........................... $2
6 (2) For all processes or notices the Clerk is
7 required to mail by certified or registered mail,
8 the fee will be $2 plus cost of postage.
9 (p) Certification or Authentication
10 (1) Each certification or authentication for
11 taking the acknowledgement of a deed or other
12 instrument in writing with seal of office.......... $2
13 (2) Court appeals when original documents are
14 forwarded, 100 pages or under, plus delivery costs. $25
15 (3) Court appeals when original documents are
16 forwarded, over 100 pages, plus delivery costs..... $60
17 (4) Court appeals when original documents are
18 forwarded, over 200 pages, additional fee per page
19 over 200........................................... 10¢
20 (q) Reproductions
21 Each record of proceedings and judgment,
22 whether on appeal, change of venue, certified
23 copies of orders and judgments, and all other
24 instruments, documents, records, or papers:
25 (1) First page.......................... $1
26 (2) Next 19 pages, per page............. 50¢
27 (3) All remaining pages, per page....... 25¢
28 (r) Counterclaim
29 When any defendant files a counterclaim as
30 part of his or her answer or otherwise, or joins
31 another party as a third party defendant, or both,
32 he or she shall pay a fee for each such
33 counterclaim or third party action in an amount
34 equal to the fee he or she would have had to pay
HB2367 Enrolled -7- LRB9006820SMpkA
1 had he or she brought a separate action for the
2 relief sought in the counterclaim or against the
3 third party defendant, less the amount of the
4 appearance fee, if that has been paid.
5 (s) Transcript of Judgment
6 From a court, the same fee as if case
7 originally filed.
8 (t) Publications
9 The cost of publication shall be paid directly
10 to the publisher by the person seeking the
11 publication, whether the clerk is required by law
12 to publish, or the parties to the action.
13 (u) Collections
14 (1) For all collections made for others,
15 except the State and County and except in
16 maintenance or child support cases, a sum equal to
17 2% of the amount collected and turned over.
18 (2) In any cases remanded to the Circuit
19 Court from the Supreme Court or the Appellate
20 Court, the Clerk shall file the remanding order and
21 reinstate the case with either its original number
22 or a new number. The Clerk shall not charge any
23 new or additional fee for the reinstatement. Upon
24 reinstatement the Clerk shall advise the parties of
25 the reinstatement. A party shall have the same
26 right to a jury trial on remand and reinstatement
27 as he or she had before the appeal, and no
28 additional or new fee or charge shall be made for a
29 jury trial after remand.
30 (3) In maintenance and child support matters,
31 the Clerk may deduct from each payment an amount
32 equal to the United States postage to be used in
33 mailing the maintenance or child support check to
34 the recipient. In such cases, the Clerk shall
HB2367 Enrolled -8- LRB9006820SMpkA
1 collect an annual fee of up to $36 from the person
2 making such payment for administering the
3 collection and distribution of maintenance and
4 child support payments. Such sum shall be in
5 addition to and separate from amounts ordered to be
6 paid as maintenance or child support and shall be
7 deposited in a separate Maintenance and Child
8 Support Collection Fund of which the Clerk shall be
9 the custodian, ex officio, to be used by the Clerk
10 to further maintenance and child support collection
11 efforts in his office. Unless paid in cash or
12 pursuant to an order for withholding, the payment
13 of the fee shall be by a separate instrument from
14 the support payment and shall be made to the order
15 of the Clerk. The Clerk may recover from the person
16 making the maintenance or child support payment any
17 additional cost incurred in the collection of this
18 annual fee.
19 The Clerk shall also be entitled to a fee of
20 $5 for certifications made to the Secretary of
21 State as provided in Section 7-703 of the Family
22 Financial Responsibility Law and these fees shall
23 also be deposited into the Separate Maintenance and
24 Child Support Collection Fund.
25 (v) Correction of Cases
26 For correcting the case number or case title
27 on any document filed in his office, to be charged
28 against the party that filed the document.......... $10
29 (w) Record Search
30 For searching a record, per year searched..... $4
31 (x) Printed Output
32 For each page of hard copy print output, when
33 case records are maintained on an automated medium. $2
34 (y) Alias Summons
HB2367 Enrolled -9- LRB9006820SMpkA
1 For each alias summons issued................. $2
2 (z) Expungement of Records
3 For each expungement petition filed........... $15
4 (aa) Other Fees
5 Any fees not covered by this Section shall be set by
6 rule or administrative order of the Circuit Court, with
7 the approval of the Supreme Court.
8 (bb) Exemptions
9 No fee provided for herein shall be charged to any
10 unit of State or local government or school district
11 unless the Court orders another party to pay such fee on
12 its behalf. The fee requirements of this Section shall
13 not apply to police departments or other law enforcement
14 agencies. In this Section, "law enforcement agency"
15 means an agency of the State or a unit of local
16 government that is vested by law or ordinance with the
17 duty to maintain public order and to enforce criminal
18 laws and ordinances. The fee requirements of this Section
19 shall not apply to any action instituted under subsection
20 (b) of Section 11-31-1 of the Illinois Municipal Code by
21 a private owner or tenant of real property within 1200
22 feet of a dangerous or unsafe building seeking an order
23 compelling the owner or owners of the building to take
24 any of the actions authorized under that subsection.
25 (cc) Adoptions
26 (1) For an adoption.............................$65
27 (2) Upon good cause shown, the court may waive the
28 adoption filing fee in a special needs adoption. The
29 term "special needs adoption" shall have the meaning
30 ascribed to it by the Illinois Department of Children and
31 Family Services.
32 (dd) Adoption exemptions
33 No fee other than that set forth in subsection (cc)
34 shall be charged to any person in connection with an
HB2367 Enrolled -10- LRB9006820SMpkA
1 adoption proceeding.
2 (ee) Additional Services
3 Beginning July 1, 1993, the clerk of the circuit
4 court may provide such additional services for which
5 there is no fee specified by statute in connection with
6 the operation of the clerk's office as may be requested
7 by the public and agreed to by the public and by the
8 clerk. Any charges for additional services shall be as
9 agreed to between the clerk and the party making the
10 request. Nothing in this subsection shall be as agreed
11 to between the clerk and the party making the request.
12 Nothing in this subsection shall be construed to require
13 any clerk to provide any service not otherwise required
14 by law.
15 (Source: P.A. 89-92, eff. 7-1-96; 89-593, eff. 8-1-96;
16 90-466, eff. 8-17-97.)
17 (705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a)
18 Sec. 27.1a. The fees of the clerks of the circuit court
19 in all counties having a population in excess of 180,000 but
20 not more than 650,000 inhabitants in the instances described
21 in this Section shall be as provided in this Section. The
22 fees shall be paid in advance and shall be as follows:
23 (a) Civil Cases.
24 The fee for filing a complaint, petition, or other
25 pleading initiating a civil action, with the following
26 exceptions, shall be $150.
27 (A) When the amount of money or damages or the
28 value of personal property claimed does not exceed
29 $250, $10.
30 (B) When that amount exceeds $250 but does not
31 exceed $500, $20.
32 (C) When that amount exceeds $500 but does not
33 exceed $2500, $30.
HB2367 Enrolled -11- LRB9006820SMpkA
1 (D) When that amount exceeds $2500 but does
2 not exceed $15,000, $75.
3 (E) For the exercise of eminent domain, $150.
4 For each additional lot or tract of land or right or
5 interest therein subject to be condemned, the
6 damages in respect to which shall require separate
7 assessment by a jury, $150.
8 (a-1) Family.
9 For filing a petition under the Juvenile Court Act
10 of 1987, $25.
11 For filing a petition for a marriage license, $10.
12 For performing a marriage in court, $10.
13 For filing a petition under the Illinois Parentage
14 Act of 1984, $40.
15 (b) Forcible Entry and Detainer.
16 In each forcible entry and detainer case when the
17 plaintiff seeks possession only or unites with his or her
18 claim for possession of the property a claim for rent or
19 damages or both in the amount of $15,000 or less, $40.
20 When the plaintiff unites his or her claim for possession
21 with a claim for rent or damages or both exceeding
22 $15,000, $150.
23 (c) Counterclaim or Joining Third Party Defendant.
24 When any defendant files a counterclaim as part of
25 his or her answer or otherwise or joins another party as
26 a third party defendant, or both, the defendant shall pay
27 a fee for each counterclaim or third party action in an
28 amount equal to the fee he or she would have had to pay
29 had he or she brought a separate action for the relief
30 sought in the counterclaim or against the third party
31 defendant, less the amount of the appearance fee, if that
32 has been paid.
33 (d) Confession of Judgment.
34 In a confession of judgment when the amount does not
HB2367 Enrolled -12- LRB9006820SMpkA
1 exceed $1500, $50. When the amount exceeds $1500, but
2 does not exceed $15,000, $115. When the amount exceeds
3 $15,000, $200.
4 (e) Appearance.
5 The fee for filing an appearance in each civil case
6 shall be $50, except as follows:
7 (A) When the plaintiff in a forcible entry and
8 detainer case seeks possession only, $20.
9 (B) When the amount in the case does not
10 exceed $1500, $20.
11 (C) When that amount exceeds $1500 but does
12 not exceed $15,000, $40.
13 (f) Garnishment, Wage Deduction, and Citation.
14 In garnishment affidavit, wage deduction affidavit,
15 and citation petition when the amount does not exceed
16 $1,000, $10; when the amount exceeds $1,000 but does not
17 exceed $5,000, $20; and when the amount exceeds $5,000,
18 $30.
19 (g) Petition to Vacate or Modify.
20 (1) Petition to vacate or modify any final judgment
21 or order of court, except in forcible entry and detainer
22 cases and small claims cases or a petition to reopen an
23 estate, to modify, terminate, or enforce a judgment or
24 order for child or spousal support, or to modify,
25 suspend, or terminate an order for withholding, if filed
26 before 30 days after the entry of the judgment or order,
27 $40.
28 (2) Petition to vacate or modify any final judgment
29 or order of court, except a petition to modify,
30 terminate, or enforce a judgment or order for child or
31 spousal support or to modify, suspend, or terminate an
32 order for withholding, if filed later than 30 days after
33 the entry of the judgment or order, $60.
34 (3) Petition to vacate order of bond forfeiture,
HB2367 Enrolled -13- LRB9006820SMpkA
1 $20.
2 (h) Mailing.
3 When the clerk is required to mail, the fee will be
4 $6, plus the cost of postage.
5 (i) Certified Copies.
6 Each certified copy of a judgment after the first,
7 except in small claims and forcible entry and detainer
8 cases, $10.
9 (j) Habeas Corpus.
10 For filing a petition for relief by habeas corpus,
11 $80.
12 (k) Certification, Authentication, and Reproduction.
13 (1) Each certification or authentication for taking
14 the acknowledgment of a deed or other instrument in
15 writing with the seal of office, $4.
16 (2) Court appeals when original documents are
17 forwarded, under 100 pages, plus delivery and costs, $50.
18 (3) Court appeals when original documents are
19 forwarded, over 100 pages, plus delivery and costs, $120.
20 (4) Court appeals when original documents are
21 forwarded, over 200 pages, an additional fee of 20 cents
22 per page.
23 (5) For reproduction of any document contained in
24 the clerk's files:
25 (A) First page, $2.
26 (B) Next 19 pages, 50 cents per page.
27 (C) All remaining pages, 25 cents per page.
28 (l) Remands.
29 In any cases remanded to the Circuit Court from the
30 Supreme Court or the Appellate Court for a new trial, the
31 clerk shall file the remanding order and reinstate the
32 case with either its original number or a new number. The
33 Clerk shall not charge any new or additional fee for the
34 reinstatement. Upon reinstatement the Clerk shall advise
HB2367 Enrolled -14- LRB9006820SMpkA
1 the parties of the reinstatement. A party shall have the
2 same right to a jury trial on remand and reinstatement as
3 he or she had before the appeal, and no additional or new
4 fee or charge shall be made for a jury trial after
5 remand.
6 (m) Record Search.
7 For each record search, within a division or
8 municipal district, the clerk shall be entitled to a
9 search fee of $4 for each year searched.
10 (n) Hard Copy.
11 For each page of hard copy print output, when case
12 records are maintained on an automated medium, the clerk
13 shall be entitled to a fee of $4.
14 (o) Index Inquiry and Other Records.
15 No fee shall be charged for a single
16 plaintiff/defendant index inquiry or single case record
17 inquiry when this request is made in person and the
18 records are maintained in a current automated medium, and
19 when no hard copy print output is requested. The fees to
20 be charged for management records, multiple case records,
21 and multiple journal records may be specified by the
22 Chief Judge pursuant to the guidelines for access and
23 dissemination of information approved by the Supreme
24 Court.
25 (p) Commitment Petitions.
26 For filing commitment petitions under the Mental
27 Health and Developmental Disabilities Code and for filing
28 a transcript of commitment proceedings held in another
29 county, $25.
30 (q) Alias Summons.
31 For each alias summons or citation issued by the
32 clerk, $4.
33 (r) Other Fees.
34 Any fees not covered in this Section shall be set by
HB2367 Enrolled -15- LRB9006820SMpkA
1 rule or administrative order of the Circuit Court with
2 the approval of the Administrative Office of the Illinois
3 Courts.
4 The clerk of the circuit court may provide
5 additional services for which there is no fee specified
6 by statute in connection with the operation of the
7 clerk's office as may be requested by the public and
8 agreed to by the clerk and approved by the chief judge of
9 the circuit court. Any charges for additional services
10 shall be as agreed to between the clerk and the party
11 making the request and approved by the chief judge of the
12 circuit court. Nothing in this subsection shall be
13 construed to require any clerk to provide any service not
14 otherwise required by law.
15 (s) Jury Services.
16 The clerk shall be entitled to receive, in addition
17 to other fees allowed by law, the sum of $180, as a fee
18 for the services of a jury in every civil action not
19 quasi-criminal in its nature and not a proceeding for the
20 exercise of the right of eminent domain and in every
21 other action wherein the right of trial by jury is or may
22 be given by law. The jury fee shall be paid by the party
23 demanding a jury at the time of filing the jury demand.
24 If the fee is not paid by either party, no jury shall be
25 called in the action or proceeding, and the same shall be
26 tried by the court without a jury.
27 (t) Voluntary Assignment.
28 For filing each deed of voluntary assignment, $10;
29 for recording the same, 25¢ for each 100 words.
30 Exceptions filed to claims presented to an assignee of a
31 debtor who has made a voluntary assignment for the
32 benefit of creditors shall be considered and treated, for
33 the purpose of taxing costs therein, as actions in which
34 the party or parties filing the exceptions shall be
HB2367 Enrolled -16- LRB9006820SMpkA
1 considered as party or parties plaintiff, and the
2 claimant or claimants as party or parties defendant, and
3 those parties respectively shall pay to the clerk the
4 same fees as provided by this Section to be paid in other
5 actions.
6 (u) Expungement Petition.
7 The clerk shall be entitled to receive a fee of $30
8 for each expungement petition filed and an additional fee
9 of $2 for each certified copy of an order to expunge
10 arrest records.
11 (v) Probate.
12 The clerk is entitled to receive the fees specified in
13 this subsection (v), which shall be paid in advance, except
14 that, for good cause shown, the court may suspend, reduce, or
15 release the costs payable under this subsection:
16 (1) For administration of the estate of a decedent
17 (whether testate or intestate) or of a missing person,
18 $100, plus the fees specified in subsection (v)(3),
19 except:
20 (A) When the value of the real and personal
21 property does not exceed $15,000, the fee shall be
22 $25.
23 (B) When (i) proof of heirship alone is made,
24 (ii) a domestic or foreign will is admitted to
25 probate without administration (including proof of
26 heirship), or (iii) letters of office are issued for
27 a particular purpose without administration of the
28 estate, the fee shall be $25.
29 (2) For administration of the estate of a ward,
30 $50, plus the fees specified in subsection (v)(3),
31 except:
32 (A) When the value of the real and personal
33 property does not exceed $15,000, the fee shall be
34 $25.
HB2367 Enrolled -17- LRB9006820SMpkA
1 (B) When (i) letters of office are issued to a
2 guardian of the person or persons, but not of the
3 estate or (ii) letters of office are issued in the
4 estate of a ward without administration of the
5 estate, including filing or joining in the filing of
6 a tax return or releasing a mortgage or consenting
7 to the marriage of the ward, the fee shall be $10.
8 (3) In addition to the fees payable under
9 subsection (v)(1) or (v)(2) of this Section, the
10 following fees are payable:
11 (A) For each account (other than one final
12 account) filed in the estate of a decedent, or ward,
13 $15.
14 (B) For filing a claim in an estate when the
15 amount claimed is $150 or more but less than $500,
16 $10; when the amount claimed is $500 or more but
17 less than $10,000, $25; when the amount claimed is
18 $10,000 or more, $40; provided that the court in
19 allowing a claim may add to the amount allowed the
20 filing fee paid by the claimant.
21 (C) For filing in an estate a claim, petition,
22 or supplemental proceeding based upon an action
23 seeking equitable relief including the construction
24 or contest of a will, enforcement of a contract to
25 make a will, and proceedings involving testamentary
26 trusts or the appointment of testamentary trustees,
27 $40.
28 (D) For filing in an estate (i) the appearance
29 of any person for the purpose of consent or (ii) the
30 appearance of an executor, administrator,
31 administrator to collect, guardian, guardian ad
32 litem, or special administrator, no fee.
33 (E) Except as provided in subsection
34 (v)(3)(D), for filing the appearance of any person
HB2367 Enrolled -18- LRB9006820SMpkA
1 or persons, $10.
2 (F) For each jury demand, $90.
3 (G) For disposition of the collection of a
4 judgment or settlement of an action or claim for
5 wrongful death of a decedent or of any cause of
6 action of a ward, when there is no other
7 administration of the estate, $30, less any amount
8 paid under subsection (v)(1)(B) or (v)(2)(B) except
9 that if the amount involved does not exceed $5,000,
10 the fee, including any amount paid under subsection
11 (v)(1)(B) or (v)(2)(B), shall be $10.
12 (H) For each certified copy of letters of
13 office, of court order or other certification, $1,
14 plus 50¢ per page in excess of 3 pages for the
15 document certified.
16 (I) For each exemplification, $1, plus the fee
17 for certification.
18 (4) The executor, administrator, guardian,
19 petitioner, or other interested person or his or her
20 attorney shall pay the cost of publication by the clerk
21 directly to the newspaper.
22 (5) The person on whose behalf a charge is incurred
23 for witness, court reporter, appraiser, or other
24 miscellaneous fee shall pay the same directly to the
25 person entitled thereto.
26 (6) The executor, administrator, guardian,
27 petitioner, or other interested person or his or her
28 attorney shall pay to the clerk all postage charges
29 incurred by the clerk in mailing petitions, orders,
30 notices, or other documents pursuant to the provisions of
31 the Probate Act of 1975.
32 (w) Criminal and Quasi-Criminal Costs and Fees.
33 (1) The clerk shall be entitled to costs in all
34 criminal and quasi-criminal cases from each person
HB2367 Enrolled -19- LRB9006820SMpkA
1 convicted or sentenced to supervision therein as follows:
2 (A) Felony complaints, $80.
3 (B) Misdemeanor complaints, $50.
4 (C) Business offense complaints, $50.
5 (D) Petty offense complaints, $50.
6 (E) Minor traffic or ordinance violations,
7 $20.
8 (F) When court appearance required, $30.
9 (G) Motions to vacate or amend final orders,
10 $20.
11 (H) Motions to vacate bond forfeiture orders,
12 $20.
13 (I) Motions to vacate ex parte judgments,
14 whenever filed, $20.
15 (J) Motions to vacate judgment on forfeitures,
16 whenever filed, $20.
17 (K) Motions to vacate "failure to appear" or
18 "failure to comply" notices sent to the Secretary of
19 State, $20.
20 (2) In counties having a population in excess of
21 180,000 but not more than 650,000 inhabitants, when the
22 violation complaint is issued by a municipal police
23 department, the clerk shall be entitled to costs from
24 each person convicted therein as follows:
25 (A) Minor traffic or ordinance violations,
26 $10.
27 (B) When court appearance required, $15.
28 (3) In ordinance violation cases punishable by fine
29 only, the clerk of the circuit court shall be entitled to
30 receive, unless the fee is excused upon a finding by the
31 court that the defendant is indigent, in addition to
32 other fees or costs allowed or imposed by law, the sum of
33 $50 as a fee for the services of a jury. The jury fee
34 shall be paid by the defendant at the time of filing his
HB2367 Enrolled -20- LRB9006820SMpkA
1 or her jury demand. If the fee is not so paid by the
2 defendant, no jury shall be called, and the case shall be
3 tried by the court without a jury.
4 (x) Transcripts of Judgment.
5 For the filing of a transcript of judgment, the
6 clerk shall be entitled to the same fee as if it were the
7 commencement of a new suit.
8 (y) Change of Venue.
9 (1) For the filing of a change of case on a change
10 of venue, the clerk shall be entitled to the same fee as
11 if it were the commencement of a new suit.
12 (2) The fee for the preparation and certification
13 of a record on a change of venue to another jurisdiction,
14 when original documents are forwarded, $25.
15 (z) Tax objection complaints.
16 For each tax objection complaint containing one or
17 more tax objections, regardless of the number of parcels
18 involved or the number of taxpayers joining on the
19 complaint, $25.
20 (aa) Tax Deeds.
21 (1) Petition for tax deed, if only one parcel is
22 involved, $150.
23 (2) For each additional parcel, add a fee of $50.
24 (bb) Collections.
25 (1) For all collections made of others, except the
26 State and county and except in maintenance or child
27 support cases, a sum equal to 2.5% of the amount
28 collected and turned over.
29 (2) Interest earned on any funds held by the clerk
30 shall be turned over to the county general fund as an
31 earning of the office.
32 (3) For any check, draft, or other bank instrument
33 returned to the clerk for non-sufficient funds, account
34 closed, or payment stopped, $25.
HB2367 Enrolled -21- LRB9006820SMpkA
1 (4) In child support and maintenance cases, the
2 clerk, if authorized by an ordinance of the county board,
3 may collect an annual fee of up to $36 from the person
4 making payment for administering the collection and
5 distribution of maintenance and child support payments.
6 This fee shall be in addition to and separate from
7 amounts ordered to be paid as maintenance or child
8 support and shall be deposited into a Separate
9 Maintenance and Child Support Collection Fund, of which
10 the clerk shall be the custodian, ex-officio, to be used
11 by the clerk to further maintenance and child supports in
12 his or her office. The clerk may recover from the person
13 making the maintenance or child support payment any
14 additional cost incurred in the collection of this annual
15 fee.
16 The clerk shall also be entitled to a fee of $5 for
17 certifications made to the Secretary of State as provided
18 in Section 7-703 of the Family Financial Responsibility
19 Law and these fees shall also be deposited into the
20 Separate Maintenance and Child Support Collection Fund.
21 (cc) Corrections of Numbers.
22 For correction of the case number, case title, or
23 attorney computer identification number, if required by
24 rule of court, on any document filed in the clerk's
25 office, to be charged against the party that filed the
26 document, $15.
27 (dd) Exceptions.
28 (1) The fee requirements of this Section shall not
29 apply to police departments or other law enforcement
30 agencies. In this Section, "law enforcement agency"
31 means an agency of the State or a unit of local
32 government which is vested by law or ordinance with the
33 duty to maintain public order and to enforce criminal
34 laws or ordinances. "Law enforcement agency" also means
HB2367 Enrolled -22- LRB9006820SMpkA
1 the Attorney General or any state's attorney.
2 (2) No fee provided herein shall be charged to any
3 unit of local government or school district.
4 (3) The fee requirements of this Section shall not
5 apply to any action instituted under subsection (b) of
6 Section 11-31-1 of the Illinois Municipal Code by a
7 private owner or tenant of real property within 1200 feet
8 of a dangerous or unsafe building seeking an order
9 compelling the owner or owners of the building to take
10 any of the actions authorized under that subsection.
11 (ee) Adoptions.
12 (1) For an adoption.............................$65
13 (2) Upon good cause shown, the court may waive the
14 adoption filing fee in a special needs adoption. The
15 term "special needs adoption" shall have the meaning
16 ascribed to it by the Illinois Department of Children and
17 Family Services.
18 (ff) Adoption exemptions.
19 No fee other than that set forth in subsection (ee)
20 shall be charged to any person in connection with an
21 adoption proceeding.
22 (Source: P.A. 89-92, eff. 7-1-96; 89-593, eff. 8-1-96;
23 90-466, eff. 8-17-97.)
24 (705 ILCS 105/27.2) (from Ch. 25, par. 27.2)
25 Sec. 27.2. The fees of the clerks of the circuit court
26 in all counties having a population in excess of 650,000
27 inhabitants but less than 3,000,000 inhabitants in the
28 instances described in this Section shall be as provided in
29 this Section. In addition, the fees provided in this Section
30 shall apply to all units of local government and school
31 districts in counties with more than 3,000,000 inhabitants.
32 The fees shall be paid in advance and shall be as follows:
33 (a) Civil Cases.
HB2367 Enrolled -23- LRB9006820SMpkA
1 The fee for filing a complaint, petition, or other
2 pleading initiating a civil action, with the following
3 exceptions, shall be $150.
4 (A) When the amount of money or damages or the
5 value of personal property claimed does not exceed
6 $250, $10.
7 (B) When that amount exceeds $250 but does not
8 exceed $500, $20.
9 (C) When that amount exceeds $500 but does not
10 exceed $2500, $30.
11 (D) When that amount exceeds $2500 but does
12 not exceed $15,000, $75.
13 (E) For the exercise of eminent domain, $150.
14 For each additional lot or tract of land or right or
15 interest therein subject to be condemned, the
16 damages in respect to which shall require separate
17 assessment by a jury, $150.
18 (b) Forcible Entry and Detainer.
19 In each forcible entry and detainer case when the
20 plaintiff seeks possession only or unites with his or her
21 claim for possession of the property a claim for rent or
22 damages or both in the amount of $15,000 or less, $40.
23 When the plaintiff unites his or her claim for possession
24 with a claim for rent or damages or both exceeding
25 $15,000, $150.
26 (c) Counterclaim or Joining Third Party Defendant.
27 When any defendant files a counterclaim as part of
28 his or her answer or otherwise or joins another party as
29 a third party defendant, or both, the defendant shall pay
30 a fee for each counterclaim or third party action in an
31 amount equal to the fee he or she would have had to pay
32 had he or she brought a separate action for the relief
33 sought in the counterclaim or against the third party
34 defendant, less the amount of the appearance fee, if that
HB2367 Enrolled -24- LRB9006820SMpkA
1 has been paid.
2 (d) Confession of Judgment.
3 In a confession of judgment when the amount does not
4 exceed $1500, $50. When the amount exceeds $1500, but
5 does not exceed $15,000, $115. When the amount exceeds
6 $15,000, $200.
7 (e) Appearance.
8 The fee for filing an appearance in each civil case
9 shall be $50, except as follows:
10 (A) When the plaintiff in a forcible entry and
11 detainer case seeks possession only; $20.
12 (B) When the amount in the case does not
13 exceed $1500, $20.
14 (C) When that amount exceeds $1500 but does
15 not exceed $15,000, $40.
16 (f) Garnishment, Wage Deduction, and Citation.
17 In garnishment affidavit, wage deduction affidavit,
18 and citation petition when the amount does not exceed
19 $1,000, $10; when the amount exceeds $1,000 but does not
20 exceed $5,000, $20; and when the amount exceeds $5,000,
21 $30.
22 (g) Petition to Vacate or Modify.
23 (1) Petition to vacate or modify any final judgment
24 or order of court, except in forcible entry and detainer
25 cases and small claims cases or a petition to reopen an
26 estate, to modify, terminate, or enforce a judgment or
27 order for child or spousal support, or to modify,
28 suspend, or terminate an order for withholding, if filed
29 before 30 days after the entry of the judgment or order,
30 $40.
31 (2) Petition to vacate or modify any final judgment
32 or order of court, except a petition to modify,
33 terminate, or enforce a judgment or order for child or
34 spousal support or to modify, suspend, or terminate an
HB2367 Enrolled -25- LRB9006820SMpkA
1 order for withholding, if filed later than 30 days after
2 the entry of the judgment or order, $60.
3 (3) Petition to vacate order of bond forfeiture,
4 $20.
5 (h) Mailing.
6 When the clerk is required to mail, the fee will be
7 $6, plus the cost of postage.
8 (i) Certified Copies.
9 Each certified copy of a judgment after the first,
10 except in small claims and forcible entry and detainer
11 cases, $10.
12 (j) Habeas Corpus.
13 For filing a petition for relief by habeas corpus,
14 $80.
15 (k) Certification, Authentication, and Reproduction.
16 (1) Each certification or authentication for taking
17 the acknowledgment of a deed or other instrument in
18 writing with the seal of office, $4.
19 (2) Court appeals when original documents are
20 forwarded, under 100 pages, plus delivery and costs, $50.
21 (3) Court appeals when original documents are
22 forwarded, over 100 pages, plus delivery and costs, $120.
23 (4) Court appeals when original documents are
24 forwarded, over 200 pages, an additional fee of 20 cents
25 per page.
26 (5) For reproduction of any document contained in
27 the clerk's files:
28 (A) First page, $2.
29 (B) Next 19 pages, 50 cents per page.
30 (C) All remaining pages, 25 cents per page.
31 (l) Remands.
32 In any cases remanded to the Circuit Court from the
33 Supreme Court or the Appellate Court for a new trial, the
34 clerk shall file the remanding order and reinstate the
HB2367 Enrolled -26- LRB9006820SMpkA
1 case with either its original number or a new number.
2 The Clerk shall not charge any new or additional fee for
3 the reinstatement. Upon reinstatement the Clerk shall
4 advise the parties of the reinstatement. A party shall
5 have the same right to a jury trial on remand and
6 reinstatement as he or she had before the appeal, and no
7 additional or new fee or charge shall be made for a jury
8 trial after remand.
9 (m) Record Search.
10 For each record search, within a division or
11 municipal district, the clerk shall be entitled to a
12 search fee of $4 for each year searched.
13 (n) Hard Copy.
14 For each page of hard copy print output, when case
15 records are maintained on an automated medium, the clerk
16 shall be entitled to a fee of $4.
17 (o) Index Inquiry and Other Records.
18 No fee shall be charged for a single
19 plaintiff/defendant index inquiry or single case record
20 inquiry when this request is made in person and the
21 records are maintained in a current automated medium, and
22 when no hard copy print output is requested. The fees to
23 be charged for management records, multiple case records,
24 and multiple journal records may be specified by the
25 Chief Judge pursuant to the guidelines for access and
26 dissemination of information approved by the Supreme
27 Court.
28 (p) Commitment Petitions.
29 For filing commitment petitions under the Mental
30 Health and Developmental Disabilities Code, $25.
31 (q) Alias Summons.
32 For each alias summons or citation issued by the
33 clerk, $4.
34 (r) Other Fees.
HB2367 Enrolled -27- LRB9006820SMpkA
1 Any fees not covered in this Section shall be set by
2 rule or administrative order of the Circuit Court with
3 the approval of the Administrative Office of the Illinois
4 Courts.
5 The clerk of the circuit court may provide
6 additional services for which there is no fee specified
7 by statute in connection with the operation of the
8 clerk's office as may be requested by the public and
9 agreed to by the clerk and approved by the chief judge of
10 the circuit court. Any charges for additional services
11 shall be as agreed to between the clerk and the party
12 making the request and approved by the chief judge of the
13 circuit court. Nothing in this subsection shall be
14 construed to require any clerk to provide any service not
15 otherwise required by law.
16 (s) Jury Services.
17 The clerk shall be entitled to receive, in addition
18 to other fees allowed by law, the sum of $180, as a fee
19 for the services of a jury in every civil action not
20 quasi-criminal in its nature and not a proceeding for the
21 exercise of the right of eminent domain and in every
22 other action wherein the right of trial by jury is or may
23 be given by law. The jury fee shall be paid by the party
24 demanding a jury at the time of filing the jury demand.
25 If the fee is not paid by either party, no jury shall be
26 called in the action or proceeding, and the same shall be
27 tried by the court without a jury.
28 (t) Voluntary Assignment.
29 For filing each deed of voluntary assignment, $10;
30 for recording the same, 25¢ for each 100 words.
31 Exceptions filed to claims presented to an assignee of a
32 debtor who has made a voluntary assignment for the
33 benefit of creditors shall be considered and treated, for
34 the purpose of taxing costs therein, as actions in which
HB2367 Enrolled -28- LRB9006820SMpkA
1 the party or parties filing the exceptions shall be
2 considered as party or parties plaintiff, and the
3 claimant or claimants as party or parties defendant, and
4 those parties respectively shall pay to the clerk the
5 same fees as provided by this Section to be paid in other
6 actions.
7 (u) Expungement Petition.
8 The clerk shall be entitled to receive a fee of $30
9 for each expungement petition filed and an additional fee
10 of $2 for each certified copy of an order to expunge
11 arrest records.
12 (v) Probate.
13 The clerk is entitled to receive the fees specified in
14 this subsection (v), which shall be paid in advance, except
15 that, for good cause shown, the court may suspend, reduce, or
16 release the costs payable under this subsection:
17 (1) For administration of the estate of a decedent
18 (whether testate or intestate) or of a missing person,
19 $100, plus the fees specified in subsection (v)(3),
20 except:
21 (A) When the value of the real and personal
22 property does not exceed $15,000, the fee shall be
23 $25.
24 (B) When (i) proof of heirship alone is made,
25 (ii) a domestic or foreign will is admitted to
26 probate without administration (including proof of
27 heirship), or (iii) letters of office are issued for
28 a particular purpose without administration of the
29 estate, the fee shall be $25.
30 (2) For administration of the estate of a ward,
31 $50, plus the fees specified in subsection (v)(3),
32 except:
33 (A) When the value of the real and personal
34 property does not exceed $15,000, the fee shall be
HB2367 Enrolled -29- LRB9006820SMpkA
1 $25.
2 (B) When (i) letters of office are issued to a
3 guardian of the person or persons, but not of the
4 estate or (ii) letters of office are issued in the
5 estate of a ward without administration of the
6 estate, including filing or joining in the filing of
7 a tax return or releasing a mortgage or consenting
8 to the marriage of the ward, the fee shall be $10.
9 (3) In addition to the fees payable under
10 subsection (v)(1) or (v)(2) of this Section, the
11 following fees are payable:
12 (A) For each account (other than one final
13 account) filed in the estate of a decedent, or ward,
14 $15.
15 (B) For filing a claim in an estate when the
16 amount claimed is $150 or more but less than $500,
17 $10; when the amount claimed is $500 or more but
18 less than $10,000, $25; when the amount claimed is
19 $10,000 or more, $40; provided that the court in
20 allowing a claim may add to the amount allowed the
21 filing fee paid by the claimant.
22 (C) For filing in an estate a claim, petition,
23 or supplemental proceeding based upon an action
24 seeking equitable relief including the construction
25 or contest of a will, enforcement of a contract to
26 make a will, and proceedings involving testamentary
27 trusts or the appointment of testamentary trustees,
28 $40.
29 (D) For filing in an estate (i) the appearance
30 of any person for the purpose of consent or (ii) the
31 appearance of an executor, administrator,
32 administrator to collect, guardian, guardian ad
33 litem, or special administrator, no fee.
34 (E) Except as provided in subsection
HB2367 Enrolled -30- LRB9006820SMpkA
1 (v)(3)(D), for filing the appearance of any person
2 or persons, $10.
3 (F) For each jury demand, $90.
4 (G) For disposition of the collection of a
5 judgment or settlement of an action or claim for
6 wrongful death of a decedent or of any cause of
7 action of a ward, when there is no other
8 administration of the estate, $30, less any amount
9 paid under subsection (v)(1)(B) or (v)(2)(B) except
10 that if the amount involved does not exceed $5,000,
11 the fee, including any amount paid under subsection
12 (v)(1)(B) or (v)(2)(B), shall be $10.
13 (H) For each certified copy of letters of
14 office, of court order or other certification, $1,
15 plus 50¢ per page in excess of 3 pages for the
16 document certified.
17 (I) For each exemplification, $1, plus the fee
18 for certification.
19 (4) The executor, administrator, guardian,
20 petitioner, or other interested person or his or her
21 attorney shall pay the cost of publication by the clerk
22 directly to the newspaper.
23 (5) The person on whose behalf a charge is incurred
24 for witness, court reporter, appraiser, or other
25 miscellaneous fee shall pay the same directly to the
26 person entitled thereto.
27 (6) The executor, administrator, guardian,
28 petitioner, or other interested person or his attorney
29 shall pay to the clerk all postage charges incurred by
30 the clerk in mailing petitions, orders, notices, or other
31 documents pursuant to the provisions of the Probate Act
32 of 1975.
33 (w) Criminal and Quasi-Criminal Costs and Fees.
34 (1) The clerk shall be entitled to costs in all
HB2367 Enrolled -31- LRB9006820SMpkA
1 criminal and quasi-criminal cases from each person
2 convicted or sentenced to supervision therein as follows:
3 (A) Felony complaints, $80.
4 (B) Misdemeanor complaints, $50.
5 (C) Business offense complaints, $50.
6 (D) Petty offense complaints, $50.
7 (E) Minor traffic or ordinance violations,
8 $20.
9 (F) When court appearance required, $30.
10 (G) Motions to vacate or amend final orders,
11 $20.
12 (H) Motions to vacate bond forfeiture orders,
13 $20.
14 (I) Motions to vacate ex parte judgments,
15 whenever filed, $20.
16 (J) Motions to vacate judgment on forfeitures,
17 whenever filed, $20.
18 (K) Motions to vacate "failure to appear" or
19 "failure to comply" notices sent to the Secretary of
20 State, $20.
21 (2) In counties having a population of more than
22 650,000 but fewer than 3,000,000 inhabitants, when the
23 violation complaint is issued by a municipal police
24 department, the clerk shall be entitled to costs from
25 each person convicted therein as follows:
26 (A) Minor traffic or ordinance violations,
27 $10.
28 (B) When court appearance required, $15.
29 (3) In ordinance violation cases punishable by fine
30 only, the clerk of the circuit court shall be entitled to
31 receive, unless the fee is excused upon a finding by the
32 court that the defendant is indigent, in addition to
33 other fees or costs allowed or imposed by law, the sum of
34 $50 as a fee for the services of a jury. The jury fee
HB2367 Enrolled -32- LRB9006820SMpkA
1 shall be paid by the defendant at the time of filing his
2 or her jury demand. If the fee is not so paid by the
3 defendant, no jury shall be called, and the case shall be
4 tried by the court without a jury.
5 (x) Transcripts of Judgment.
6 For the filing of a transcript of judgment, the
7 clerk shall be entitled to the same fee as if it were the
8 commencement of new suit.
9 (y) Change of Venue.
10 (1) For the filing of a change of case on a change
11 of venue, the clerk shall be entitled to the same fee as
12 if it were the commencement of a new suit.
13 (2) The fee for the preparation and certification
14 of a record on a change of venue to another jurisdiction,
15 when original documents are forwarded, $25.
16 (z) Tax objection complaints.
17 For each tax objection complaint containing one or
18 more tax objections, regardless of the number of parcels
19 involved or the number of taxpayers joining in the
20 complaint, $25.
21 (aa) Tax Deeds.
22 (1) Petition for tax deed, if only one parcel is
23 involved, $150.
24 (2) For each additional parcel, add a fee of $50.
25 (bb) Collections.
26 (1) For all collections made of others, except the
27 State and county and except in maintenance or child
28 support cases, a sum equal to 2.5% of the amount
29 collected and turned over.
30 (2) Interest earned on any funds held by the clerk
31 shall be turned over to the county general fund as an
32 earning of the office.
33 (3) For any check, draft, or other bank instrument
34 returned to the clerk for non-sufficient funds, account
HB2367 Enrolled -33- LRB9006820SMpkA
1 closed, or payment stopped, $25.
2 (4) In child support and maintenance cases, the
3 clerk, if authorized by an ordinance of the county board,
4 may collect an annual fee of up to $36 from the person
5 making payment for administering the collection and
6 distribution of maintenance and child support payments.
7 This fee shall be in addition to and separate from
8 amounts ordered to be paid as maintenance or child
9 support and shall be deposited into a Separate
10 Maintenance and Child Support Collection Fund, of which
11 the clerk shall be the custodian, ex-officio, to be used
12 by the clerk to further maintenance and child supports in
13 his or her office. The clerk may recover from the person
14 making the maintenance or child support payment any
15 additional cost incurred in the collection of this annual
16 fee.
17 The clerk shall also be entitled to a fee of $5 for
18 certifications made to the Secretary of State as provided
19 in Section 7-703 of the Family Financial Responsibility
20 Law and these fees shall also be deposited into the
21 Separate Maintenance and Child Support Collection Fund.
22 (cc) Corrections of Numbers.
23 For correction of the case number, case title, or
24 attorney computer identification number, if required by
25 rule of court, on any document filed in the clerk's
26 office, to be charged against the party that filed the
27 document, $15.
28 (dd) Exceptions.
29 The fee requirements of this Section shall not apply
30 to police departments or other law enforcement agencies.
31 In this Section, "law enforcement agency" means an agency
32 of the State or a unit of local government which is
33 vested by law or ordinance with the duty to maintain
34 public order and to enforce criminal laws or ordinances.
HB2367 Enrolled -34- LRB9006820SMpkA
1 "Law enforcement agency" also means the Attorney General
2 or any state's attorney. The fee requirements of this
3 Section shall not apply to any action instituted under
4 subsection (b) of Section 11-31-1 of the Illinois
5 Municipal Code by a private owner or tenant of real
6 property within 1200 feet of a dangerous or unsafe
7 building seeking an order compelling the owner or owners
8 of the building to take any of the actions authorized
9 under that subsection.
10 (ee) Adoptions.
11 (1) For an adoption.............................$65
12 (2) Upon good cause shown, the court may waive the
13 adoption filing fee in a special needs adoption. The
14 term "special needs adoption" shall have the meaning
15 ascribed to it by the Illinois Department of Children and
16 Family Services.
17 (ff) Adoption exemptions.
18 No fee other than that set forth in subsection (ee)
19 shall be charged to any person in connection with an
20 adoption proceeding.
21 (Source: P.A. 89-92, eff. 7-1-96; 89-593, eff. 8-1-96;
22 90-466, eff. 8-17-97.)
23 (705 ILCS 105/27.2a) (from Ch. 25, par. 27.2a)
24 Sec. 27.2a. The fees of the clerks of the circuit court
25 in all counties having a population of 3,000,000 or more
26 inhabitants in the instances described in this Section shall
27 be as provided in this Section. The fees shall be paid in
28 advance and shall be as follows:
29 (a) Civil Cases.
30 The fee for filing a complaint, petition, or other
31 pleading initiating a civil action, with the following
32 exceptions, shall be $190.
33 (A) When the amount of money or damages or the
HB2367 Enrolled -35- LRB9006820SMpkA
1 value of personal property claimed does not exceed
2 $250, $15.
3 (B) When that amount exceeds $250 but does not
4 exceed $1000, $40.
5 (C) When that amount exceeds $1000 but does
6 not exceed $2500, $50.
7 (D) When that amount exceeds $2500 but does
8 not exceed $5000, $100.
9 (E) When that amount exceeds $5000 but does
10 not exceed $15,000, $150.
11 (F) For the exercise of eminent domain, $150.
12 For each additional lot or tract of land or right or
13 interest therein subject to be condemned, the
14 damages in respect to which shall require separate
15 assessment by a jury, $150.
16 (b) Forcible Entry and Detainer.
17 In each forcible entry and detainer case when the
18 plaintiff seeks possession only or unites with his or her
19 claim for possession of the property a claim for rent or
20 damages or both in the amount of $15,000 or less, $75.
21 When the plaintiff unites his or her claim for possession
22 with a claim for rent or damages or both exceeding
23 $15,000, $225.
24 (c) Counterclaim or Joining Third Party Defendant.
25 When any defendant files a counterclaim as part of
26 his or her answer or otherwise or joins another party as
27 a third party defendant, or both, the defendant shall pay
28 a fee for each counterclaim or third party action in an
29 amount equal to the fee he or she would have had to pay
30 had he or she brought a separate action for the relief
31 sought in the counterclaim or against the third party
32 defendant, less the amount of the appearance fee, if that
33 has been paid.
34 (d) Confession of Judgment.
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1 In a confession of judgment when the amount does not
2 exceed $1500, $60. When the amount exceeds $1500, but
3 does not exceed $5000, $75. When the amount exceeds
4 $5000, but does not exceed $15,000, $175. When the amount
5 exceeds $15,000, $250.
6 (e) Appearance.
7 The fee for filing an appearance in each civil case
8 shall be $75, except as follows:
9 (A) When the plaintiff in a forcible entry and
10 detainer case seeks possession only, $40.
11 (B) When the amount in the case does not
12 exceed $1500, $40.
13 (C) When that amount exceeds $1500 but does
14 not exceed $15,000, $60.
15 (f) Garnishment, Wage Deduction, and Citation.
16 In garnishment affidavit, wage deduction affidavit,
17 and citation petition when the amount does not exceed
18 $1,000, $15; when the amount exceeds $1,000 but does not
19 exceed $5,000, $30; and when the amount exceeds $5,000,
20 $50.
21 (g) Petition to Vacate or Modify.
22 (1) Petition to vacate or modify any final judgment
23 or order of court, except in forcible entry and detainer
24 cases and small claims cases or a petition to reopen an
25 estate, to modify, terminate, or enforce a judgment or
26 order for child or spousal support, or to modify,
27 suspend, or terminate an order for withholding, if filed
28 before 30 days after the entry of the judgment or order,
29 $50.
30 (2) Petition to vacate or modify any final judgment
31 or order of court, except a petition to modify,
32 terminate, or enforce a judgment or order for child or
33 spousal support or to modify, suspend, or terminate an
34 order for withholding, if filed later than 30 days after
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1 the entry of the judgment or order, $75.
2 (3) Petition to vacate order of bond forfeiture,
3 $40.
4 (h) Mailing.
5 When the clerk is required to mail, the fee will be
6 $10, plus the cost of postage.
7 (i) Certified Copies.
8 Each certified copy of a judgment after the first,
9 except in small claims and forcible entry and detainer
10 cases, $15.
11 (j) Habeas Corpus.
12 For filing a petition for relief by habeas corpus,
13 $125.
14 (k) Certification, Authentication, and Reproduction.
15 (1) Each certification or authentication for taking
16 the acknowledgment of a deed or other instrument in
17 writing with the seal of office, $6.
18 (2) Court appeals when original documents are
19 forwarded, under 100 pages, plus delivery and costs, $75.
20 (3) Court appeals when original documents are
21 forwarded, over 100 pages, plus delivery and costs, $150.
22 (4) Court appeals when original documents are
23 forwarded, over 200 pages, an additional fee of 25 cents
24 per page.
25 (5) For reproduction of any document contained in
26 the clerk's files:
27 (A) First page, $2.
28 (B) Next 19 pages, 50 cents per page.
29 (C) All remaining pages, 25 cents per page.
30 (l) Remands.
31 In any cases remanded to the Circuit Court from the
32 Supreme Court or the Appellate Court for a new trial, the
33 clerk shall file the remanding order and reinstate the
34 case with either its original number or a new number.
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1 The Clerk shall not charge any new or additional fee for
2 the reinstatement. Upon reinstatement the Clerk shall
3 advise the parties of the reinstatement. A party shall
4 have the same right to a jury trial on remand and
5 reinstatement as he or she had before the appeal, and no
6 additional or new fee or charge shall be made for a jury
7 trial after remand.
8 (m) Record Search.
9 For each record search, within a division or
10 municipal district, the clerk shall be entitled to a
11 search fee of $6 for each year searched.
12 (n) Hard Copy.
13 For each page of hard copy print output, when case
14 records are maintained on an automated medium, the clerk
15 shall be entitled to a fee of $6.
16 (o) Index Inquiry and Other Records.
17 No fee shall be charged for a single
18 plaintiff/defendant index inquiry or single case record
19 inquiry when this request is made in person and the
20 records are maintained in a current automated medium, and
21 when no hard copy print output is requested. The fees to
22 be charged for management records, multiple case records,
23 and multiple journal records may be specified by the
24 Chief Judge pursuant to the guidelines for access and
25 dissemination of information approved by the Supreme
26 Court.
27 (p) Commitment Petitions.
28 For filing commitment petitions under the Mental
29 Health and Developmental Disabilities Code, $50.
30 (q) Alias Summons.
31 For each alias summons or citation issued by the
32 clerk, $5.
33 (r) Other Fees.
34 Any fees not covered in this Section shall be set by
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1 rule or administrative order of the Circuit Court with
2 the approval of the Administrative Office of the Illinois
3 Courts.
4 The clerk of the circuit court may provide
5 additional services for which there is no fee specified
6 by statute in connection with the operation of the
7 clerk's office as may be requested by the public and
8 agreed to by the clerk and approved by the chief judge of
9 the circuit court. Any charges for additional services
10 shall be as agreed to between the clerk and the party
11 making the request and approved by the chief judge of the
12 circuit court. Nothing in this subsection shall be
13 construed to require any clerk to provide any service not
14 otherwise required by law.
15 (s) Jury Services.
16 The clerk shall be entitled to receive, in addition
17 to other fees allowed by law, the sum of $200, as a fee
18 for the services of a jury in every civil action not
19 quasi-criminal in its nature and not a proceeding for the
20 exercise of the right of eminent domain and in every
21 other action wherein the right of trial by jury is or may
22 be given by law. The jury fee shall be paid by the party
23 demanding a jury at the time of filing the jury demand.
24 If the fee is not paid by either party, no jury shall be
25 called in the action or proceeding, and the same shall be
26 tried by the court without a jury.
27 (t) Voluntary Assignment.
28 For filing each deed of voluntary assignment, $20;
29 for recording the same, 50¢ for each 100 words.
30 Exceptions filed to claims presented to an assignee of a
31 debtor who has made a voluntary assignment for the
32 benefit of creditors shall be considered and treated, for
33 the purpose of taxing costs therein, as actions in which
34 the party or parties filing the exceptions shall be
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1 considered as party or parties plaintiff, and the
2 claimant or claimants as party or parties defendant, and
3 those parties respectively shall pay to the clerk the
4 same fees as provided by this Section to be paid in other
5 actions.
6 (u) Expungement Petition.
7 The clerk shall be entitled to receive a fee of $60
8 for each expungement petition filed and an additional fee
9 of $4 for each certified copy of an order to expunge
10 arrest records.
11 (v) Probate.
12 The clerk is entitled to receive the fees specified in
13 this subsection (v), which shall be paid in advance, except
14 that, for good cause shown, the court may suspend, reduce, or
15 release the costs payable under this subsection:
16 (1) For administration of the estate of a decedent
17 (whether testate or intestate) or of a missing person,
18 $150, plus the fees specified in subsection (v)(3),
19 except:
20 (A) When the value of the real and personal
21 property does not exceed $15,000, the fee shall be
22 $40.
23 (B) When (i) proof of heirship alone is made,
24 (ii) a domestic or foreign will is admitted to
25 probate without administration (including proof of
26 heirship), or (iii) letters of office are issued for
27 a particular purpose without administration of the
28 estate, the fee shall be $40.
29 (2) For administration of the estate of a ward,
30 $75, plus the fees specified in subsection (v)(3),
31 except:
32 (A) When the value of the real and personal
33 property does not exceed $15,000, the fee shall be
34 $40.
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1 (B) When (i) letters of office are issued to a
2 guardian of the person or persons, but not of the
3 estate or (ii) letters of office are issued in the
4 estate of a ward without administration of the
5 estate, including filing or joining in the filing of
6 a tax return or releasing a mortgage or consenting
7 to the marriage of the ward, the fee shall be $20.
8 (3) In addition to the fees payable under
9 subsection (v)(1) or (v)(2) of this Section, the
10 following fees are payable:
11 (A) For each account (other than one final
12 account) filed in the estate of a decedent, or ward,
13 $25.
14 (B) For filing a claim in an estate when the
15 amount claimed is $150 or more but less than $500,
16 $20; when the amount claimed is $500 or more but
17 less than $10,000, $40; when the amount claimed is
18 $10,000 or more, $60; provided that the court in
19 allowing a claim may add to the amount allowed the
20 filing fee paid by the claimant.
21 (C) For filing in an estate a claim, petition,
22 or supplemental proceeding based upon an action
23 seeking equitable relief including the construction
24 or contest of a will, enforcement of a contract to
25 make a will, and proceedings involving testamentary
26 trusts or the appointment of testamentary trustees,
27 $60.
28 (D) For filing in an estate (i) the appearance
29 of any person for the purpose of consent or (ii) the
30 appearance of an executor, administrator,
31 administrator to collect, guardian, guardian ad
32 litem, or special administrator, no fee.
33 (E) Except as provided in subsection
34 (v)(3)(D), for filing the appearance of any person
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1 or persons, $30.
2 (F) For each jury demand, $125.
3 (G) For disposition of the collection of a
4 judgment or settlement of an action or claim for
5 wrongful death of a decedent or of any cause of
6 action of a ward, when there is no other
7 administration of the estate, $50, less any amount
8 paid under subsection (v)(1)(B) or (v)(2)(B) except
9 that if the amount involved does not exceed $5,000,
10 the fee, including any amount paid under subsection
11 (v)(1)(B) or (v)(2)(B), shall be $20.
12 (H) For each certified copy of letters of
13 office, of court order or other certification, $2,
14 plus $1 per page in excess of 3 pages for the
15 document certified.
16 (I) For each exemplification, $2, plus the fee
17 for certification.
18 (4) The executor, administrator, guardian,
19 petitioner, or other interested person or his or her
20 attorney shall pay the cost of publication by the clerk
21 directly to the newspaper.
22 (5) The person on whose behalf a charge is incurred
23 for witness, court reporter, appraiser, or other
24 miscellaneous fee shall pay the same directly to the
25 person entitled thereto.
26 (6) The executor, administrator, guardian,
27 petitioner, or other interested person or his or her
28 attorney shall pay to the clerk all postage charges
29 incurred by the clerk in mailing petitions, orders,
30 notices, or other documents pursuant to the provisions of
31 the Probate Act of 1975.
32 (w) Criminal and Quasi-Criminal Costs and Fees.
33 (1) The clerk shall be entitled to costs in all
34 criminal and quasi-criminal cases from each person
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1 convicted or sentenced to supervision therein as follows:
2 (A) Felony complaints, $125.
3 (B) Misdemeanor complaints, $75.
4 (C) Business offense complaints, $75.
5 (D) Petty offense complaints, $75.
6 (E) Minor traffic or ordinance violations,
7 $30.
8 (F) When court appearance required, $50.
9 (G) Motions to vacate or amend final orders,
10 $40.
11 (H) Motions to vacate bond forfeiture orders,
12 $30.
13 (I) Motions to vacate ex parte judgments,
14 whenever filed, $30.
15 (J) Motions to vacate judgment on forfeitures,
16 whenever filed, $25.
17 (K) Motions to vacate "failure to appear" or
18 "failure to comply" notices sent to the Secretary of
19 State, $40.
20 (2) In counties having a population of 3,000,000 or
21 more, when the violation complaint is issued by a
22 municipal police department, the clerk shall be entitled
23 to costs from each person convicted therein as follows:
24 (A) Minor traffic or ordinance violations,
25 $30.
26 (B) When court appearance required, $50.
27 (3) In ordinance violation cases punishable by fine
28 only, the clerk of the circuit court shall be entitled to
29 receive, unless the fee is excused upon a finding by the
30 court that the defendant is indigent, in addition to
31 other fees or costs allowed or imposed by law, the sum of
32 $100 as a fee for the services of a jury. The jury fee
33 shall be paid by the defendant at the time of filing his
34 or her jury demand. If the fee is not so paid by the
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1 defendant, no jury shall be called, and the case shall be
2 tried by the court without a jury.
3 (x) Transcripts of Judgment.
4 For the filing of a transcript of judgment, the
5 clerk shall be entitled to the same fee as if it were the
6 commencement of a new suit.
7 (y) Change of Venue.
8 (1) For the filing of a change of case on a change
9 of venue, the clerk shall be entitled to the same fee as
10 if it were the commencement of a new suit.
11 (2) The fee for the preparation and certification
12 of a record on a change of venue to another jurisdiction,
13 when original documents are forwarded, $40.
14 (z) Tax objection complaints.
15 For each tax objection complaint containing one or
16 more tax objections, regardless of the number of parcels
17 involved or the number of taxpayers joining in the
18 complaint, $50.
19 (aa) Tax Deeds.
20 (1) Petition for tax deed, if only one parcel is
21 involved, $250.
22 (2) For each additional parcel, add a fee of $100.
23 (bb) Collections.
24 (1) For all collections made of others, except the
25 State and county and except in maintenance or child
26 support cases, a sum equal to 3.0% of the amount
27 collected and turned over.
28 (2) Interest earned on any funds held by the clerk
29 shall be turned over to the county general fund as an
30 earning of the office.
31 (3) For any check, draft, or other bank instrument
32 returned to the clerk for non-sufficient funds, account
33 closed, or payment stopped, $25.
34 (4) In child support and maintenance cases, the
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1 clerk, if authorized by an ordinance of the county board,
2 may collect an annual fee of up to $36 from the person
3 making payment for administering the collection and
4 distribution of maintenance and child support payments.
5 This fee shall be in addition to and separate from
6 amounts ordered to be paid as maintenance or child
7 support and shall be deposited into a Separate
8 Maintenance and Child Support Collection Fund, of which
9 the clerk shall be the custodian, ex-officio, to be used
10 by the clerk to further maintenance and child supports in
11 his or her office. The clerk may recover from the person
12 making the maintenance or child support payment any
13 additional cost incurred in the collection of this annual
14 fee.
15 The clerk shall also be entitled to a fee of $5 for
16 certifications made to the Secretary of State as provided
17 in Section 7-703 of the Family Financial Responsibility
18 Law and these fees shall also be deposited into the
19 Separate Maintenance and Child Support Collection Fund.
20 (cc) Corrections of Numbers.
21 For correction of the case number, case title, or
22 attorney computer identification number, if required by
23 rule of court, on any document filed in the clerk's
24 office, to be charged against the party that filed the
25 document, $25.
26 (dd) Exceptions.
27 (1) The fee requirements of this Section shall not
28 apply to police departments or other law enforcement
29 agencies. In this Section, "law enforcement agency"
30 means an agency of the State or a unit of local
31 government which is vested by law or ordinance with the
32 duty to maintain public order and to enforce criminal
33 laws or ordinances. "Law enforcement agency" also means
34 the Attorney General or any state's attorney.
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1 (2) No fee provided herein shall be charged to any
2 unit of local government or school district. The fee
3 requirements of this Section shall not apply to any
4 action instituted under subsection (b) of Section 11-31-1
5 of the Illinois Municipal Code by a private owner or
6 tenant of real property within 1200 feet of a dangerous
7 or unsafe building seeking an order compelling the owner
8 or owners of the building to take any of the actions
9 authorized under that subsection.
10 (ee) Adoption.
11 (1) For an adoption.............................$65
12 (2) Upon good cause shown, the court may waive the
13 adoption filing fee in a special needs adoption. The
14 term "special needs adoption" shall have the meaning
15 ascribed to it by the Illinois Department of Children and
16 Family Services.
17 (ff) Adoption exemptions.
18 No fee other than that set forth in subsection (ee)
19 shall be charged to any person in connection with an
20 adoption proceeding.
21 (Source: P.A. 89-92, eff. 7-1-96; 89-593, eff. 8-1-96;
22 90-466, eff. 8-17-97.)
23 Section 5. The Probate Act of 1975 is amended by
24 changing Sections 1-2.23, 1-2.24, 11-5, 11-5.3, 11-5.4, 11-8,
25 11-8.1, 11-13.1, 11-14.1, 11a-8, 11a-17, 11a-18, 11a-23,
26 12-2, 21-2, 21-2.04, 21-2.05, 21-2.07, 21-2.08, 21-2.11,
27 21-2.12, and 21-2.13, and by adding Sections 11a-3.1,
28 11a-3.2, 11a-8.1, 11a-10.2, 11a-18.2, and 11a-18.3 as
29 follows:
30 (755 ILCS 5/1-2.23)
31 Sec. 1-2.23. "Standby guardian" means: (i) a guardian of
32 the person or estate, or both, of a minor, as appointed by
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1 the court under Section 11-5.3, to become effective at a
2 later date under Section 11-13.1 or (ii) a guardian of the
3 person or estate, or both, of a disabled person, as appointed
4 by the court under Section 11a-3.1, to become effective at a
5 later date under Section 11a-18.2.
6 (Source: P.A. 88-202; 88-529.)
7 (755 ILCS 5/1-2.24)
8 Sec. 1-2.24. "Short-term guardian" means a guardian of
9 the person of a minor as appointed by a parent of the minor
10 under Section 11-5.4 or a guardian of the person of a
11 disabled person as appointed by the guardian of the disabled
12 person under Section 11a-3.2.
13 (Source: P.A. 88-529.)
14 (755 ILCS 5/11-5) (from Ch. 110 1/2, par. 11-5)
15 Sec. 11-5. Appointment of guardian.
16 (a) Upon the filing of a petition for the appointment of
17 a guardian or on its own motion, the court may appoint a
18 guardian of the estate or of both the person and estate, of a
19 minor, or may appoint a guardian of the person only of a
20 minor or minors, the person or estate, or both, of a minor as
21 the court finds to be in the best interest of the minor or
22 minors.
23 (a-1) A parent, adoptive parent or adjudicated parent,
24 whose parental rights have not been terminated, may designate
25 in any writing, including a will, a person qualified to act
26 under Section 11-3 to be appointed as guardian of the person
27 or estate, or both, of an unmarried minor or of a child
28 likely to be born. A parent, adoptive parent or adjudicated
29 parent, whose parental rights have not been terminated, or a
30 guardian or a standby guardian of an unmarried minor or of a
31 child likely to be born may designate in any writing,
32 including a will, a person qualified to act under Section
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1 11-3 to be appointed as successor guardian of the minor's
2 person or estate, or both. The designation must be witnessed
3 by 2 or more credible witnesses at least 18 years of age,
4 neither of whom is the person designated as the guardian.
5 The designation may be proved by any competent evidence. If
6 the designation is executed and attested in the same manner
7 as a will, it shall have prima facie validity. The
8 designation of a guardian or successor guardian does not
9 affect the rights of the other parent in the minor.
10 (b) The court lacks jurisdiction to proceed on a
11 petition for the appointment of a guardian of a minor if (i)
12 the minor has a living parent, adoptive parent or adjudicated
13 parent, whose parental rights have not been terminated, whose
14 whereabouts are known, and who is willing and able to make
15 and carry out day-to-day child care decisions concerning the
16 minor, unless the parent or parents consent to the
17 appointment or, after receiving notice of the hearing under
18 Section 11-10.1, fail to object to the appointment at the
19 hearing on the petition or (ii) there is a guardian for the
20 minor appointed by a court of competent jurisdiction. There
21 shall be a rebuttable presumption that a parent of a minor is
22 willing and able to make and carry out day-to-day child care
23 decisions concerning the minor, but the presumption may be
24 rebutted by a preponderance of the evidence.
25 (b-1) If the court finds the appointment of a guardian
26 of the minor to be in the best interest of the minor, and if
27 a standby guardian has previously been appointed for the
28 minor under Section 11-5.3, the court shall appoint the
29 standby guardian as the guardian of the person or estate, or
30 both, of the minor unless the court finds, upon good cause
31 shown, that the appointment would no longer be in the best
32 interest of the minor.
33 (c) If the minor is 14 years of age or more, the minor
34 may nominate the guardian of the minor's person and estate,
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1 subject to approval of the court. If the minor's nominee is
2 not approved by the court or if, after notice to the minor,
3 the minor fails to nominate a guardian of the minor's person
4 or estate, the court may appoint the guardian without
5 nomination.
6 (d) The court shall not appoint as guardian of the
7 person of the minor any person whom the court has determined
8 had caused or substantially contributed to the minor becoming
9 a neglected or abused minor as defined in the Juvenile Court
10 Act of 1987 unless 2 years have elapsed since the last proven
11 incident of abuse or neglect and the court determines that
12 appointment of such person as guardian is in the best
13 interests of the minor.
14 (e) Previous statements made by the minor relating to
15 any allegations that the minor is an abused or neglected
16 child within the meaning of the Abused and Neglected Child
17 Reporting Act, or an abused or neglected minor within the
18 meaning of the Juvenile Court Act of 1987, shall be
19 admissible in evidence in a hearing concerning appointment of
20 a guardian of the person or estate of the minor. No such
21 statement, however, if uncorroborated and not subject to
22 cross-examination, shall be sufficient in itself to support a
23 finding of abuse or neglect.
24 (Source: P.A. 90-430, eff. 8-16-97; 90-472, eff. 8-17-97.)
25 (755 ILCS 5/11-5.3)
26 Sec. 11-5.3. Appointment of standby guardian.
27 (a) A parent, adoptive parent, or adjudicated parent,
28 whose parental rights have not been terminated, or the
29 guardian of the person of a minor may designate in any
30 writing, including a will, a person qualified to act under
31 Section 11-3 to be appointed as standby guardian of the
32 person or estate, or both, of an unmarried minor or of a
33 child likely to be born. A parent, adoptive parent, or
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1 adjudicated parent, whose parental rights have not been
2 terminated, or the guardian of the person of a minor or a
3 standby guardian of an unmarried minor or of a child likely
4 to be born may designate in any writing, including a will, a
5 person qualified to act under Section 11-3 to be appointed as
6 successor standby guardian of the minor's person or estate,
7 or both. The designation must be witnessed by 2 or more
8 credible witnesses at least 18 years of age, neither of whom
9 is the person designated as the standby guardian. The
10 designation may be proved by any competent evidence. If the
11 designation is executed and attested in the same manner as a
12 will, it shall have prima facie validity. The designation of
13 a standby guardian or successor standby guardian does not
14 affect the rights of the other parent in the minor.
15 (b) Upon the filing of a petition for the appointment of
16 a standby guardian, the court may appoint a standby guardian
17 of the person or estate, or both, of a minor as the court
18 finds to be in the best interest of the minor.
19 (c) The court lacks jurisdiction to proceed on a
20 petition for the appointment of a standby guardian of a minor
21 if (i) the minor has a living parent, adoptive parent or
22 adjudicated parent, whose parental rights have not been
23 terminated, whose whereabouts are known, and who is willing
24 and able to make and carry out day-to-day child care
25 decisions concerning the minor, unless the parent or parents
26 consent to the appointment or, after receiving notice of the
27 hearing under Section 11-10.1, fail to object to the
28 appointment at the hearing on the petition or (ii) there is a
29 guardian for the minor appointed by a court of competent
30 jurisdiction. There shall be a rebuttable presumption that a
31 parent of a minor is willing and able to make and carry out
32 day-to-day child care decisions concerning the minor, but the
33 presumption may be rebutted by a preponderance of the
34 evidence.
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1 (d) The standby guardian shall take and file an oath or
2 affirmation that the standby guardian will faithfully
3 discharge the duties of the office of standby guardian
4 according to law, and shall file in and have approved by the
5 court a bond binding the standby guardian so to do, but shall
6 not be required to file a bond until the standby guardian
7 assumes all duties as guardian of the minor under Section
8 11-13.1.
9 (e) The designation of a standby guardian may, but need
10 not, be in the following form:
11 DESIGNATION OF STANDBY GUARDIAN
12 [IT IS IMPORTANT TO READ THE FOLLOWING INSTRUCTIONS:
13 A standby guardian is someone who has been appointed by
14 the court as the person who will act as guardian of the child
15 when the child's parents or the guardian of the person of the
16 child die or are no longer willing or able to make and carry
17 out day-to-day child care decisions concerning the child. By
18 properly completing this form, a parent or the guardian of
19 the person of the child is naming the person that the parent
20 or the guardian wants to be appointed as the standby guardian
21 of the child or children of the parent. Both parents of a
22 child may join together and co-sign this form. Signing the
23 form does not appoint the standby guardian; to be appointed,
24 a petition must be filed in and approved by the court.]
25 1. Parent (or guardian) and Children. I, (insert
26 name of designating parent or guardian), currently
27 residing at (insert address of designating parent or
28 guardian), am a parent (or the guardian of the person) of
29 the following child or children (or of a child likely to
30 be born): (insert name and date of birth of each child,
31 or insert the words "not yet born" to designate a standby
32 guardian for a child likely to be born and the child's
33 expected date of birth).
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1 2. Standby Guardian. I hereby designate the
2 following person to be appointed as standby guardian for
3 the my child or children listed above (insert name and
4 address of person designated).
5 3. Successor Standby Guardian. If the person named
6 in item 2 above cannot or will not act as standby
7 guardian, I designate the following person to be
8 appointed as successor standby guardian for the my child
9 or children: (insert name and address of person
10 designated).
11 4. Date and Signature. This designation is made
12 this (insert day) day of (insert month and year).
13 Signed: (designating parent or guardian)
14 5. Witnesses. I saw the parent (or the guardian of
15 the person of the child) sign this designation or the
16 parent (or the guardian of the person of the child) told
17 me that (he or she) the parent signed this designation.
18 Then I signed the designation as a witness in the
19 presence of the parent (or the guardian). I am not
20 designated in this instrument to act as a standby
21 guardian for the parent's child or children. (insert
22 space for names, addresses, and signatures of 2
23 witnesses).
24 (Source: P.A. 88-529.)
25 (755 ILCS 5/11-5.4)
26 Sec. 11-5.4. Short-term guardian.
27 (a) A parent, adoptive parent, or adjudicated parent,
28 whose parental rights have not been terminated, or the
29 guardian of the person of a minor may appoint in writing,
30 without court approval, a short-term guardian of an unmarried
31 minor or a child likely to be born. The written instrument
32 appointing a short-term guardian shall be dated and shall
33 identify the appointing parent or guardian, the minor, and
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1 the person appointed to be the short-term guardian. The
2 written instrument shall be signed by, or at the direction
3 of, the appointing parent in the presence of at least 2
4 credible witnesses at least 18 years of age, neither of whom
5 is the person appointed as the short-term guardian. The
6 person appointed as the short-term guardian shall also sign
7 the written instrument, but need not sign at the same time as
8 the appointing parent.
9 (b) A parent or guardian shall not appoint a short-term
10 guardian of a minor if (i) the minor has another living
11 parent, adoptive parent or adjudicated parent, whose parental
12 rights have not been terminated, whose whereabouts are known,
13 and who is willing and able to make and carry out day-to-day
14 child care decisions concerning the minor, unless the
15 nonappointing parent consents to the appointment by signing
16 the written instrument of appointment or (ii) there is a
17 guardian for the minor appointed by a court of competent
18 jurisdiction.
19 (c) The appointment of the short-term guardian is
20 effective immediately upon the date the written instrument is
21 executed, unless the written instrument provides for the
22 appointment to become effective upon a later specified date
23 or event. The short-term guardian shall have authority to
24 act as guardian of the minor as provided in Section 11-13.2
25 for a period of 60 days from the date the appointment is
26 effective, unless the written instrument provides for the
27 appointment to terminate upon an earlier specified date or
28 event. Only one written instrument appointing a short-term
29 guardian may be in force at any given time.
30 (d) Every appointment of a short-term guardian may be
31 amended or revoked by the appointing parent or by the
32 appointing guardian of the person of the minor at any time
33 and in any manner communicated to the short-term guardian or
34 to any other person. Any person other than the short-term
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1 guardian to whom a revocation or amendment is communicated or
2 delivered shall make all reasonable efforts to inform the
3 short-term guardian of that fact as promptly as possible.
4 (e) The appointment of a short-term guardian or
5 successor short-term guardian does not affect the rights of
6 the other parent in the minor.
7 (f) The written instrument appointing a short-term
8 guardian may, but need not, be in the following form:
9 APPOINTMENT OF SHORT-TERM GUARDIAN
10 [IT IS IMPORTANT TO READ THE FOLLOWING INSTRUCTIONS:
11 By properly completing this form, a parent or the
12 guardian of the person of the child is appointing a guardian
13 of a child of the parent (or a minor ward of the guardian, as
14 the case may be) for a period of up to 60 days. A separate
15 form should be completed for each child. The person appointed
16 as the guardian must sign the form, but need not do so at the
17 same time as the parent or parents or guardian.
18 This form may not be used to appoint a guardian if there
19 is a guardian already appointed for the child, except that if
20 a guardian of the person of the child has been appointed,
21 that guardian may use this form to appoint a short-term
22 guardian. Both living parents of a child may together
23 appoint a guardian of the child, or the guardian of the
24 person of the child may appoint a guardian of the child, for
25 a period of up to 60 days through the use of this form. If
26 the short-term guardian is appointed by both living parents
27 of the child, the parents need not sign the form at the same
28 time.]
29 1. Parent (or guardian) and Child. I, (insert name
30 of appointing parent or guardian), currently residing at
31 (insert address of appointing parent or guardian), am a
32 parent (or the guardian of the person) of the following
33 child (or of a child likely to be born): (insert name
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1 and date of birth of child, or insert the words "not yet
2 born" to appoint a short-term guardian for a child likely
3 to be born and the child's expected date of birth).
4 2. Guardian. I hereby appoint the following person
5 as the short-term guardian for the my child: (insert name
6 and address of appointed person).
7 3. Effective date. This appointment becomes
8 effective: (check one if you wish it to be applicable)
9 ( ) On the date that I state in writing that I
10 am no longer either willing or able to make and
11 carry out day-to-day child care decisions concerning
12 the my child.
13 ( ) On the date that a physician familiar with
14 my condition certifies in writing that I am no
15 longer willing or able to make and carry out
16 day-to-day child care decisions concerning the my
17 child.
18 ( ) On the date that I am admitted as an
19 in-patient to a hospital or other health care
20 institution.
21 ( ) On the following date: (insert date).
22 ( ) Other: (insert other).
23 [NOTE: If this item is not completed, the appointment is
24 effective immediately upon the date the form is signed and
25 dated below.]
26 4. Termination. This appointment shall terminate
27 60 days after the effective date, unless it terminates
28 sooner as determined by the event or date I have
29 indicated below: (check one if you wish it to be
30 applicable)
31 ( ) On the date that I state in writing that I
32 am willing and able to make and carry out day-to-day
33 child care decisions concerning the my child.
34 ( ) On the date that a physician familiar with
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1 my condition certifies in writing that I am willing
2 and able to make and carry out day-to-day child care
3 decisions concerning the my child.
4 ( ) On the date that I am discharged from the
5 hospital or other health care institution where I
6 was admitted as an in-patient, which established the
7 effective date.
8 ( ) On the date which is (state a number of
9 days, but no more than 60 days) days after the
10 effective date.
11 ( ) Other: (insert other).
12 [NOTE: If this item is not completed, the appointment will
13 be effective for a period of 60 days, beginning on the
14 effective date.]
15 5. Date and signature of appointing parent or
16 guardian. This appointment is made this (insert day) day
17 of (insert month and year).
18 Signed: (appointing parent)
19 6. Witnesses. I saw the parent (or the guardian of
20 the person of the child) sign this instrument or I saw
21 the parent (or the guardian of the person of the child)
22 direct someone to sign this instrument for the parent (or
23 the guardian). Then I signed this instrument as a witness
24 in the presence of the parent (or the guardian). I am
25 not appointed in this instrument to act as the short-term
26 guardian for the parent's child. (Insert space for
27 names, addresses, and signatures of 2 witnesses)
28 7. Acceptance of short-term guardian. I accept
29 this appointment as short-term guardian on this (insert
30 day) day of (insert month and year).
31 Signed: (short-term guardian)
32 8. Consent of child's other parent. I, (insert
33 name of the child's other living parent), currently
34 residing at (insert address of child's other living
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1 parent), hereby consent to this appointment on this
2 (insert day) day of (insert month and year).
3 Signed: (consenting parent)
4 [NOTE: The signature of a consenting parent is not necessary
5 if one of the following applies: (i) the child's other parent
6 has died; or (ii) the whereabouts of the child's other parent
7 are not known; or (iii) the child's other parent is not
8 willing or able to make and carry out day-to-day child care
9 decisions concerning the child; or (iv) the child's parents
10 were never married and no court has issued an order
11 establishing parentage.]
12 (Source: P.A. 88-529; 88-670, eff. 12-2-94.)
13 (755 ILCS 5/11-8) (from Ch. 110 1/2, par. 11-8)
14 Sec. 11-8. Petition for guardian of minor.
15 (a) The petition for appointment of a guardian of the
16 estate, or of both the person and estate, of a minor, or for
17 appointment of the guardian of the person only of a minor or
18 minors the person or estate, or both, of a minor must state,
19 if known:
20 (1) (a) The name, date of birth and residence of the
21 minor; (2) (b) the names and post office addresses of the
22 nearest relatives of the minor in the following order: (i)
23 (1) the spouse, if any; if none, (ii) (2) the parents and
24 adult brothers and sisters, if any; if none, (iii) (3) the
25 nearest adult kindred; (3) (c) the name and post office
26 address of the person having the custody of the minor; (4)
27 (d) the approximate value of the personal estate; (5) (e) the
28 amount of the anticipated gross annual income and other
29 receipts; (6) (f) the name, post office address and, in case
30 of an individual, the age and occupation of the proposed
31 guardian; (7) (g) the facts concerning the execution or
32 admission to probate of the written designation of the
33 guardian, if any, a copy of which shall be attached to or
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1 filed with the petition; and (8) (h) the facts concerning any
2 juvenile, adoption, parentage, dissolution, or guardianship
3 court actions pending concerning the minor or the parents of
4 the minor and whether any guardian is currently acting for
5 the minor. In addition, if the petition seeks the appointment
6 of a previously appointed standby guardian as guardian of the
7 minor, the petition must also state: (9) (i) the facts
8 concerning the standby guardian's previous appointment and
9 (10) (j) the date of death of the minor's parent or parents
10 or the facts concerning the consent of the minor's parent or
11 parents to the appointment of the standby guardian as
12 guardian, or the willingness and ability of the minor's
13 parent or parents to make and carry out day-to-day child care
14 decisions concerning the minor.
15 (b) A single petition for appointment of only a guardian
16 of the person of a minor may include more than one minor.
17 The statements required in items (1) and (2) of subsection
18 (a) shall be listed separately for each minor.
19 (Source: P.A. 88-529.)
20 (755 ILCS 5/11-8.1)
21 Sec. 11-8.1. Petition for standby guardian of minor. The
22 petition for appointment of a standby guardian of the person
23 or the estate, or both, of a minor must state, if known: (a)
24 the name, date of birth, and residence of the minor; (b) the
25 names and post office addresses of the nearest relatives of
26 the minor in the following order: (1) the parents, if any; if
27 none, (2) the adult brothers and sisters, if any; if none,
28 (3) the nearest adult kindred; (c) the name and post office
29 address of the person having custody of the minor; (d) the
30 name, post office address, and, in case of any individual,
31 the age and occupation of the proposed standby guardian; (e)
32 the facts concerning the consent of the minor's parent or
33 parents or the guardian of the person of the minor to the
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1 appointment of the standby guardian, or the willingness and
2 ability of the minor's parent or parents, if any, or the
3 guardian of the person of the minor to make and carry out
4 day-to-day child care decisions concerning the minor; (f) the
5 facts concerning the execution or admission to probate of the
6 written designation of the standby guardian, if any, a copy
7 of which shall be attached to or filed with the petition; and
8 (g) the facts concerning any juvenile, adoption, parentage,
9 dissolution, or guardianship court actions pending concerning
10 the minor or the parents of the minor and whether any
11 guardian is currently acting for the minor.
12 (Source: P.A. 88-529.)
13 (755 ILCS 5/11-13.1)
14 Sec. 11-13.1. Duties of standby guardian of a minor.
15 (a) Before a standby guardian of a minor may act, the
16 standby guardian must be appointed by the court of the proper
17 county and, in the case of a standby guardian of the minor's
18 estate, the standby guardian must give the bond prescribed in
19 subsection (d) of Section 11-5.3 and Section 12-2.
20 (b) The standby guardian shall not have any duties or
21 authority to act until the standby guardian receives
22 knowledge (i) of the death or consent of the minor's parent
23 or parents or of the guardian of the person of the minor, or
24 (ii) the inability of the minor's parent or parents or of the
25 guardian of the person of the minor to make and carry out
26 day-to-day child care decisions concerning the minor for whom
27 the standby guardian has been appointed. This inability of
28 the minor's parent or parents to make and carry out
29 day-to-day child care decisions may be communicated either by
30 the parent's or the guardian's own admission or by the
31 written certification of the parent's or guardian's attending
32 physician. Immediately upon receipt of that knowledge, the
33 standby guardian shall assume all duties as guardian of the
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1 minor as previously determined by the order appointing the
2 standby guardian, and as set forth in Section 11-13, and the
3 standby guardian of the person shall have the authority to
4 act as guardian of the person without direction of court for
5 a period of up to 60 days, provided that the authority of the
6 standby guardian may be limited or terminated by a court of
7 competent jurisdiction.
8 (c) Within 60 days of the standby guardian's receipt of
9 knowledge of (i) the death or consent of the minor's parent
10 or parents or guardian, or (ii) the inability of the minor's
11 parent or parents or guardian to make and carry out
12 day-to-day child care decisions concerning the minor, the
13 standby guardian shall file or cause to be filed a petition
14 for the appointment of a guardian of the person or estate, or
15 both, of the minor under Section 11-5.
16 (Source: P.A. 88-529.)
17 (755 ILCS 5/11-14.1) (from Ch. 110 1/2, par. 11-14.1)
18 Sec. 11-14.1. Revocation of letters. Upon the minor
19 reaching the age of majority, the letters of office shall be
20 revoked only as to that minor and the guardianship over that
21 minor shall be terminated. The letters of office and the
22 guardianship shall remain as to any other minors included in
23 the same letters of office or guardianship order.
24 (Source: P.A. 80-1415.)
25 (755 ILCS 5/11a-3.1 new)
26 Sec. 11a-3.1. Appointment of standby guardian.
27 (a) The guardian of a disabled person may designate in
28 any writing, including a will, a person qualified to act
29 under Section 11a-5 to be appointed as standby guardian of
30 the person or estate, or both, of the disabled person. The
31 guardian may designate in any writing, including a will, a
32 person qualified to act under Section 11a-5 to be appointed
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1 as successor standby guardian of the disabled person's person
2 or estate, or both. The designation must be witnessed by 2 or
3 more credible witnesses at least 18 years of age, neither of
4 whom is the person designated as the standby guardian. The
5 designation may be proved by any competent evidence. If the
6 designation is executed and attested in the same manner as a
7 will, it shall have prima facie validity. Prior to
8 designating a proposed standby guardian, the guardian shall
9 consult with the disabled person to determine the disabled
10 person's preference as to the person who will serve as
11 standby guardian. The guardian shall give due consideration
12 to the preference of the disabled person in selecting a
13 standby guardian.
14 (b) Upon the filing of a petition for the appointment of
15 a standby guardian, the court may appoint a standby guardian
16 of the person or estate, or both, of the disabled person as
17 the court finds to be in the best interest of the disabled
18 person. The court shall apply the same standards used in
19 determining the suitability of a plenary or limited guardian
20 in determining the suitability of a standby guardian, giving
21 due consideration to the preference of the disabled person as
22 to a standby guardian. The court may not appoint the Office
23 of State Guardian, pursuant to Section 30 of the Guardianship
24 and Advocacy Act, or a public guardian, pursuant to Section
25 13-5 of this Act, as a standby guardian, without the written
26 consent of the State Guardian or public guardian or an
27 authorized representative of the State Guardian or public
28 guardian.
29 (c) The standby guardian shall take and file an oath or
30 affirmation that the standby guardian will faithfully
31 discharge the duties of the office of standby guardian
32 according to law, and shall file in and have approved by the
33 court a bond binding the standby guardian so to do, but shall
34 not be required to file a bond until the standby guardian
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1 assumes all duties as guardian of the disabled person under
2 Section 11a-18.2.
3 (d) The designation of a standby guardian may, but need
4 not, be in the following form:
5 DESIGNATION OF STANDBY GUARDIAN
6 [IT IS IMPORTANT TO READ THE FOLLOWING INSTRUCTIONS:
7 A standby guardian is someone who has been appointed
8 by the court as the person who will act as guardian of
9 the disabled person when the disabled person's guardian
10 dies or is no longer willing or able to make and carry
11 out day-to-day care decisions concerning the disabled
12 person. By properly completing this form, a guardian is
13 naming the person that the guardian wants to be appointed
14 as the standby guardian of the disabled person. Signing
15 the form does not appoint the standby guardian; to be
16 appointed, a petition must be filed in and approved by
17 the court.]
18 1. Guardian and Ward. I, (insert name of
19 designating guardian), currently residing at (insert
20 address of designating guardian), am the guardian of the
21 following disabled person: (insert name of ward).
22 2. Standby Guardian. I hereby designate the
23 following person to be appointed as standby guardian for
24 my ward listed above: (insert name and address of person
25 designated).
26 3. Successor Standby Guardian. If the person named
27 in item 2 above cannot or will not act as standby
28 guardian, I designate the following person to be
29 appointed as successor standby guardian for my ward:
30 (insert name and address of person designated).
31 4. Date and Signature. This designation is made
32 this (insert day) day of (insert month and year).
33 Signed: (designating guardian)
34 5. Witnesses. I saw the guardian sign this
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1 designation or the guardian told me that the guardian
2 signed this designation. Then I signed the designation as
3 a witness in the presence of the guardian. I am not
4 designated in this instrument to act as a standby
5 guardian for the guardian's ward. (insert space for
6 names, addresses, and signatures of 2 witnesses)
7 (755 ILCS 5/11a-3.2 new)
8 Sec. 11a-3.2. Short-term guardian.
9 (a) The guardian of a disabled person may appoint in
10 writing, without court approval, a short-term guardian of the
11 disabled person to take over the guardian's duties, to the
12 extent provided in Section 11a-18.3, each time the guardian
13 is unavailable or unable to carry out those duties. The
14 guardian shall consult with the disabled person to determine
15 the disabled person's preference concerning the person to be
16 appointed as short-term guardian and the guardian shall give
17 due consideration to the disabled person's preference in
18 choosing a short-term guardian. The written instrument
19 appointing a short-term guardian shall be dated and shall
20 identify the appointing guardian, the disabled person, the
21 person appointed to be the short-term guardian, and the
22 termination date of the appointment. The written instrument
23 shall be signed by, or at the direction of, the appointing
24 guardian in the presence of at least 2 credible witnesses at
25 least 18 years of age, neither of whom is the person
26 appointed as the short-term guardian. The person appointed as
27 the short-term guardian shall also sign the written
28 instrument, but need not sign at the same time as the
29 appointing guardian. A guardian may not appoint the Office of
30 State Guardian or a public guardian as a short-term guardian,
31 without the written consent of the State Guardian or public
32 guardian or an authorized representative of the State
33 Guardian or public guardian.
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1 (b) The appointment of the short-term guardian is
2 effective immediately upon the date the written instrument is
3 executed, unless the written instrument provides for the
4 appointment to become effective upon a later specified date
5 or event. A short-term guardian appointed by the guardian
6 shall have authority to act as guardian of the disabled
7 person for a cumulative total of 60 days during any 12 month
8 period. Only one written instrument appointing a short-term
9 guardian may be in force at any given time.
10 (c) Every appointment of a short-term guardian may be
11 amended or revoked by the appointing guardian at any time and
12 in any manner communicated to the short-term guardian or to
13 any other person. Any person other than the short-term
14 guardian to whom a revocation or amendment is communicated or
15 delivered shall make all reasonable efforts to inform the
16 short-term guardian of that fact as promptly as possible.
17 (d) The appointment of a short-term guardian or
18 successor short-term guardian does not affect the rights in
19 the disabled person of any guardian other than the appointing
20 guardian.
21 (e) The written instrument appointing a short-term
22 guardian may, but need not, be in the following form:
23 APPOINTMENT OF SHORT-TERM GUARDIAN
24 [IT IS IMPORTANT TO READ THE FOLLOWING INSTRUCTIONS:
25 By properly completing this form, a guardian is
26 appointing a short-term guardian of the disabled person
27 for a cumulative total of up to 60 days during any 12
28 month period. A separate form shall be completed each
29 time a short-term guardian takes over guardianship
30 duties. The person or persons appointed as the
31 short-term guardian shall sign the form, but need not do
32 so at the same time as the guardian.]
33 1. Guardian and Ward. I, (insert name of
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1 appointing guardian), currently residing at (insert
2 address of appointing guardian), am the guardian of the
3 following disabled person: (insert name of ward).
4 2. Short-term Guardian. I hereby appoint the
5 following person as the short-term guardian for my ward:
6 (insert name and address of appointed person).
7 3. Effective date. This appointment becomes
8 effective: (check one if you wish it to be applicable)
9 ( ) On the date that I state in writing that I am
10 no longer either willing or able to make and carry out
11 day-to-day care decisions concerning my ward.
12 ( ) On the date that a physician familiar with my
13 condition certifies in writing that I am no longer
14 willing or able to make and carry out day-to-day care
15 decisions concerning my ward.
16 ( ) On the date that I am admitted as an in-patient
17 to a hospital or other health care institution.
18 ( ) On the following date: (insert date).
19 ( ) Other: (insert other).
20 [NOTE: If this item is not completed, the
21 appointment is effective immediately upon the date the
22 form is signed and dated below.]
23 4. Termination. This appointment shall terminate
24 on: (enter a date corresponding to 60 days from the
25 current date, less the number of days within the past 12
26 months that any short-term guardian has taken over
27 guardianship duties), unless it terminates sooner as
28 determined by the event or date I have indicated below:
29 (check one if you wish it to be applicable)
30 ( ) On the date that I state in writing that I am
31 willing and able to make and carry out day-to-day care
32 decisions concerning my ward.
33 ( ) On the date that a physician familiar with my
34 condition certifies in writing that I am willing and
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1 able to make and carry out day-to-day care decisions
2 concerning my ward.
3 ( ) On the date that I am discharged from the
4 hospital or other health care institution where I was
5 admitted as an in-patient, which established the
6 effective date.
7 ( ) On the date which is (state a number of days)
8 days after the effective date.
9 ( ) Other: (insert other).
10 [NOTE: If this item is not completed, the
11 appointment will be effective until the 60th day within
12 the past year during which time any short-term guardian
13 of this ward had taken over guardianship duties from the
14 guardian, beginning on the effective date.]
15 5. Date and signature of appointing guardian. This
16 appointment is made this (insert day) day of (insert
17 month and year).
18 Signed: (appointing guardian)
19 6. Witnesses. I saw the guardian sign this
20 instrument or I saw the guardian direct someone to sign
21 this instrument for the guardian. Then I signed this
22 instrument as a witness in the presence of the guardian.
23 I am not appointed in this instrument to act as the
24 short-term guardian for the guardian's ward. (insert
25 space for names, addresses, and signatures of 2
26 witnesses)
27 7. Acceptance of short-term guardian. I accept
28 this appointment as short-term guardian on this (insert
29 day) day of (insert month and year).
30 Signed: (short-term guardian)
31 (f) Each time the guardian appoints a short-term
32 guardian, the guardian shall: (i) provide the disabled person
33 with the name, address, and telephone number of the
34 short-term guardian; (ii) advise the disabled person that he
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1 has the right to object to the appointment of the short-term
2 guardian by filing a petition in court; and (iii) notify the
3 disabled person when the short-term guardian will be taking
4 over guardianship duties and the length of time that the
5 short-term guardian will be acting as guardian.
6 (755 ILCS 5/11a-8) (from Ch. 110 1/2, par. 11a-8)
7 Sec. 11a-8. Petition.) The petition for adjudication of
8 disability and for the appointment of a guardian of the
9 estate or the person or both of an alleged disabled person
10 must state, if known or reasonably ascertainable: (a) the
11 relationship and interest of the petitioner to the
12 respondent; (b) the name, date of birth, and place of
13 residence of the respondent; (c) the reasons for the
14 guardianship; (d) the name and post office address of the
15 respondent's guardian, if any, or of the respondent's agent
16 or agents appointed under the Illinois Power of Attorney Act,
17 if any; (e) the name and post office addresses of the nearest
18 relatives of the respondent in the following order: (1) the
19 spouse and adult children, parents and adult brothers and
20 sisters, if any; if none, (2) nearest adult kindred known to
21 the petitioner; (f) the name and address of the person with
22 whom or the facility in which the respondent is residing; (g)
23 the approximate value of the personal and real estate; (h)
24 the amount of the anticipated annual gross income and other
25 receipts; (i) the name, post office address and in case of an
26 individual, the age, relationship to the respondent and
27 occupation of the proposed guardian. In addition, if the
28 petition seeks the appointment of a previously appointed
29 standby guardian as guardian of the disabled person, the
30 petition must also state: (j) the facts concerning the
31 standby guardian's previous appointment and (k) the date of
32 death of the disabled person's guardian or the facts
33 concerning the consent of the disabled person's guardian to
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1 the appointment of the standby guardian as guardian, or the
2 willingness and ability of the disabled person's guardian to
3 make and carry out day-to-day care decisions concerning the
4 disabled person. A petition for adjudication of disability
5 and the appointment of a guardian of the estate or the person
6 or both of an alleged disabled person may not be dismissed or
7 withdrawn without leave of the court.
8 (Source: P.A. 89-396, eff. 8-20-95.)
9 (755 ILCS 5/11a-8.1 new)
10 Sec. 11a-8.1. Petition for standby guardian of disabled
11 person. The petition for appointment of a standby guardian
12 of the person or the estate, or both, of a disabled person
13 must state, if known: (a) the name, date of birth, and
14 residence of the disabled person; (b) the names and post
15 office addresses of the nearest relatives of the disabled
16 person in the following order: (1) the spouse and adult
17 children, parents and adult brothers and sisters, if any; if
18 none, (2) nearest adult kindred known to the petitioner; (c)
19 the name and post office address of the person having
20 guardianship of the disabled person, and of any person or
21 persons acting as agents of the disabled person under the
22 Illinois Power of Attorney Act; (d) the name, post office
23 address, and, in case of any individual, the age and
24 occupation of the proposed standby guardian; (e) the
25 preference of the disabled person as to the choice of standby
26 guardian; (f) the facts concerning the consent of the
27 disabled person's guardian to the appointment of the standby
28 guardian, or the willingness and ability of the disabled
29 person's guardian to make and carry out day-to-day care
30 decisions concerning the disabled person; (g) the facts
31 concerning the execution or admission to probate of the
32 written designation of the standby guardian, if any, a copy
33 of which shall be attached to or filed with the petition; (h)
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1 the facts concerning any guardianship court actions pending
2 concerning the disabled person; and (i) the facts concerning
3 the willingness of the proposed standby guardian to serve,
4 and in the case of the Office of State Guardian and any
5 public guardian, evidence of a written acceptance to serve
6 signed by the State Guardian or public guardian or an
7 authorized representative of the State Guardian or public
8 guardian, consistent with subsection (b) of Section 11a-3.1.
9 (755 ILCS 5/11a-10.2 new)
10 Sec. 11a-10.2. Procedure for appointment of a standby
11 guardian or a guardian of a disabled person. In any
12 proceeding for the appointment of a standby guardian or a
13 guardian the court may appoint a guardian ad litem to
14 represent the disabled person in the proceeding.
15 (755 ILCS 5/11a-17) (from Ch. 110 1/2, par. 11a-17)
16 Sec. 11a-17. Duties of personal guardian.
17 (a) To the extent ordered by the court and under the
18 direction of the court, the guardian of the person shall have
19 custody of the ward and the ward's minor and adult dependent
20 children; shall procure for them and shall make provision for
21 their support, care, comfort, health, education and
22 maintenance, and professional services as are appropriate,
23 but the ward's spouse may not be deprived of the custody and
24 education of the ward's minor and adult dependent children,
25 without the consent of the spouse, unless the court finds
26 that the spouse is not a fit and competent person to have
27 that custody and education. The guardian shall assist the
28 ward in the development of maximum self-reliance and
29 independence. The guardian of the person may petition the
30 court for an order directing the guardian of the estate to
31 pay an amount periodically for the provision of the services
32 specified by the court order. If the ward's estate is
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1 insufficient to provide for education and the guardian of the
2 ward's person fails to provide education, the court may award
3 the custody of the ward to some other person for the purpose
4 of providing education. If a person makes a settlement upon
5 or provision for the support or education of a ward, the
6 court may make an order for the visitation of the ward by the
7 person making the settlement or provision as the court deems
8 proper.
9 (b) If the court directs, the guardian of the person
10 shall file with the court at intervals indicated by the
11 court, a report that shall state briefly: (1) the current
12 mental, physical, and social condition of the ward and the
13 ward's minor and adult dependent children; (2) their present
14 living arrangement, and a description and the address of
15 every residence where they lived during the reporting period
16 and the length of stay at each place; (3) a summary of the
17 medical, educational, vocational, and other professional
18 services given to them; (4) a resume of the guardian's visits
19 with and activities on behalf of the ward and the ward's
20 minor and adult dependent children; (5) a recommendation as
21 to the need for continued guardianship; (6) any other
22 information requested by the court or useful in the opinion
23 of the guardian. The Office of the State Guardian shall
24 assist the guardian in filing the report when requested by
25 the guardian. The court may take such action as it deems
26 appropriate pursuant to the report.
27 (c) Absent court order pursuant to the Illinois Power of
28 Attorney Act directing a guardian to exercise powers of the
29 principal under an agency that survives disability, the
30 guardian has no power, duty, or liability with respect to any
31 personal or health care matters covered by the agency. This
32 subsection (c) applies to all agencies, whenever and wherever
33 executed.
34 (d) A guardian acting as a surrogate decision maker
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1 under the Health Care Surrogate Act shall have all the rights
2 of a surrogate under that Act without court order including
3 the right to make medical treatment decisions such as
4 decisions to forgo or withdraw life-sustaining treatment. Any
5 decisions by the guardian to forgo or withdraw
6 life-sustaining treatment that are not authorized under the
7 Health Care Surrogate Act shall require a court order.
8 Nothing in this Section shall prevent an agent acting under a
9 power of attorney for health care from exercising his or her
10 authority under the Illinois Power of Attorney Act without
11 further court order, unless a court has acted under Section
12 2-10 of the Illinois Power of Attorney Act. If a guardian is
13 also a health care agent for the ward under a valid power of
14 attorney for health care, the guardian acting as agent may
15 execute his or her authority under that act without further
16 court order.
17 (e) Decisions made by a guardian on behalf of a ward
18 shall be made in accordance with the following standards for
19 decision making. Decisions made by a guardian on behalf of a
20 ward may be made by conforming as closely as possible to what
21 the ward, if competent, would have done or intended under the
22 circumstances, taking into account evidence that includes,
23 but is not limited to, the ward's personal, philosophical,
24 religious and moral beliefs, and ethical values relative to
25 the decision to be made by the guardian. Where possible, the
26 guardian shall determine how the ward would have made a
27 decision based on the ward's previously expressed
28 preferences, and make decisions in accordance with the
29 preferences of the ward. If the ward's wishes are unknown and
30 remain unknown after reasonable efforts to discern them, the
31 decision shall be made on the basis of the ward's best
32 interests as determined by the guardian. In determining the
33 ward's best interests, the guardian shall weigh the reason
34 for and nature of the proposed action, the benefit or
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1 necessity of the action, the possible risks and other
2 consequences of the proposed action, and any available
3 alternatives and their risks, consequences and benefits, and
4 shall take into account any other information, including the
5 views of family and friends, that the guardian believes the
6 ward would have considered if able to act for herself or
7 himself.
8 (f) Upon petition by any interested person (including
9 the standby or short-term guardian), with such notice to
10 interested persons as the court directs and a finding by the
11 court that it is in the best interest of the disabled person,
12 the court may terminate or limit the authority of a standby
13 or short-term guardian or may enter such other orders as the
14 court deems necessary to provide for the best interest of the
15 disabled person. The petition for termination or limitation
16 of the authority of a standby or short-term guardian may, but
17 need not, be combined with a petition to have another
18 guardian appointed for the disabled person.
19 (Source: P.A. 90-250, eff. 7-29-97.)
20 (755 ILCS 5/11a-18) (from Ch. 110 1/2, par. 11a-18)
21 Sec. 11a-18. Duties of the estate guardian.
22 (a) To the extent specified in the order establishing
23 the guardianship, the guardian of the estate shall have the
24 care, management and investment of the estate, shall manage
25 the estate frugally and shall apply the income and principal
26 of the estate so far as necessary for the comfort and
27 suitable support and education of the ward, his minor and
28 adult dependent children, and persons related by blood or
29 marriage who are dependent upon or entitled to support from
30 him, or for any other purpose which the court deems to be for
31 the best interests of the ward, and the court may approve the
32 making on behalf of the ward of such agreements as the court
33 determines to be for the ward's best interests. The guardian
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1 may make disbursement of his ward's funds and estate directly
2 to the ward or other distributee or in such other manner and
3 in such amounts as the court directs. If the estate of a
4 ward is derived in whole or in part from payments of
5 compensation, adjusted compensation, pension, insurance or
6 other similar benefits made directly to the estate by the
7 Veterans Administration, notice of the application for leave
8 to invest or expend the ward's funds or estate, together with
9 a copy of the petition and proposed order, shall be given to
10 the Veterans' Administration Regional Office in this State at
11 least 7 days before the hearing on the application.
12 (a-5) The probate court, upon petition of a guardian,
13 other than the guardian of a minor, and after notice to all
14 other persons interested as the court directs, may authorize
15 the guardian to exercise any or all powers over the estate
16 and business affairs of the ward that the ward could exercise
17 if present and not under disability. The court may authorize
18 the taking of an action or the application of funds not
19 required for the ward's current and future maintenance and
20 support in any manner approved by the court as being in
21 keeping with the ward's wishes so far as they can be
22 ascertained. The court must consider the permanence of the
23 ward's disabling condition and the natural objects of the
24 ward's bounty. In ascertaining and carrying out the ward's
25 wishes the court may consider, but shall not be limited to,
26 minimization of State or federal income, estate, or
27 inheritance taxes; and providing gifts to charities,
28 relatives, and friends that would be likely recipients of
29 donations from the ward. The ward's wishes as best they can
30 be ascertained shall be carried out, whether or not tax
31 savings are involved. Actions or applications of funds may
32 include, but shall not be limited to, the following:
33 (1) making gifts of income or principal, or both,
34 of the estate, either outright or in trust;
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1 (2) conveying, releasing, or disclaiming his or her
2 contingent and expectant interests in property, including
3 marital property rights and any right of survivorship
4 incident to joint tenancy or tenancy by the entirety;
5 (3) releasing or disclaiming his or her powers as
6 trustee, personal representative, custodian for minors,
7 or guardian;
8 (4) exercising, releasing, or disclaiming his or
9 her powers as donee of a power of appointment;
10 (5) entering into contracts;
11 (6) creating for the benefit of the ward or others,
12 revocable or irrevocable trusts of his or her property
13 that may extend beyond his or her disability or life.
14 (7) exercising options of the ward to purchase or
15 exchange securities or other property;
16 (8) exercising the rights of the ward to elect
17 benefit or payment options, to terminate, to change
18 beneficiaries or ownership, to assign rights, to borrow,
19 or to receive cash value in return for a surrender of
20 rights under any one or more of the following:
21 (i) Life insurance policies, plans, or
22 benefits.
23 (ii) Annuity policies, plans, or benefits.
24 (iii) Mutual fund and other dividend
25 investment plans.
26 (iv) Retirement, profit sharing, and employee
27 welfare plans and benefits;
28 (9) exercising his or her right to claim or
29 disclaim an elective share in the estate of his or her
30 deceased spouse and to renounce any interest by testate
31 or intestate succession or by inter vivos transfer;
32 (10) changing the ward's residence or domicile; or
33 (11) modifying by means of codicil or trust
34 amendment the terms of the ward's will or any revocable
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1 trust created by the ward, as the court may consider
2 advisable in light of changes in applicable tax laws. The
3 guardian in his or her petition shall briefly outline the
4 action or application of funds for which he or she seeks
5 approval, the results expected to be accomplished
6 thereby, and the tax savings, if any, expected to accrue.
7 The proposed action or application of funds may include
8 gifts of the ward's personal property or real estate, but
9 transfers of real estate shall be subject to the
10 requirements of Section 20 of this Act. Gifts may be for
11 the benefit of prospective legatees, devisees, or heirs
12 apparent of the ward or may be made to individuals or
13 charities in which the ward is believed to have an
14 interest. The guardian shall also indicate in the
15 petition that any planned disposition is consistent with
16 the intentions of the ward insofar as they can be
17 ascertained, and if the ward's intentions cannot be
18 ascertained, the ward will be presumed to favor reduction
19 in the incidents of various forms of taxation and the
20 partial distribution of his or her estate as provided in
21 this subsection. The guardian shall not, however, be
22 required to include as a beneficiary or fiduciary any
23 person who he has reason to believe would be excluded by
24 the ward. A guardian shall be required to investigate
25 and pursue a ward's eligibility for governmental
26 benefits.
27 (b) Upon the direction of the court which issued his
28 letters, a guardian may perform the contracts of his ward
29 which were legally subsisting at the time of the commencement
30 of the ward's disability. The court may authorize the
31 guardian to execute and deliver any bill of sale, deed or
32 other instrument.
33 (c) The guardian of the estate of a ward shall appear
34 for and represent the ward in all legal proceedings unless
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1 another person is appointed for that purpose as guardian or
2 next friend. This does not impair the power of any court to
3 appoint a guardian ad litem or next friend to defend the
4 interests of the ward in that court, or to appoint or allow
5 any person as the next friend of a ward to commence,
6 prosecute or defend any proceeding in his behalf. Without
7 impairing the power of the court in any respect, if the
8 guardian of the estate of a ward and another person as next
9 friend shall appear for and represent the ward in a legal
10 proceeding in which the compensation of the attorney or
11 attorneys representing the guardian and next friend is solely
12 determined under a contingent fee arrangement, the guardian
13 of the estate of the ward shall not participate in or have
14 any duty to review the prosecution of the action, to
15 participate in or review the appropriateness of any
16 settlement of the action, or to participate in or review any
17 determination of the appropriateness of any fees awarded to
18 the attorney or attorneys employed in the prosecution of the
19 action.
20 (d) Adjudication of disability shall not revoke or
21 otherwise terminate a trust which is revocable by the ward.
22 A guardian of the estate shall have no authority to revoke a
23 trust that is revocable by the ward, except that the court
24 may authorize a guardian to revoke a Totten trust or similar
25 deposit or withdrawable capital account in trust to the
26 extent necessary to provide funds for the purposes specified
27 in paragraph (a) of this Section. If the trustee of any
28 trust for the benefit of the ward has discretionary power to
29 apply income or principal for the ward's benefit, the trustee
30 shall not be required to distribute any of the income or
31 principal to the guardian of the ward's estate, but the
32 guardian may bring an action on behalf of the ward to compel
33 the trustee to exercise the trustee's discretion or to seek
34 relief from an abuse of discretion. This paragraph shall not
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1 limit the right of a guardian of the estate to receive
2 accountings from the trustee on behalf of the ward.
3 (e) Absent court order pursuant to the "Illinois Power
4 of Attorney Act" enacted by the 85th General Assembly
5 directing a guardian to exercise powers of the principal
6 under an agency that survives disability, the guardian will
7 have no power, duty or liability with respect to any property
8 subject to the agency. This subsection (e) applies to all
9 agencies, whenever and wherever executed.
10 (f) Upon petition by any interested person (including
11 the standby or short-term guardian), with such notice to
12 interested persons as the court directs and a finding by the
13 court that it is in the best interest of the disabled person,
14 the court may terminate or limit the authority of a standby
15 or short-term guardian or may enter such other orders as the
16 court deems necessary to provide for the best interest of the
17 disabled person. The petition for termination or limitation
18 of the authority of a standby or short-term guardian may, but
19 need not, be combined with a petition to have another
20 guardian appointed for the disabled person.
21 (Source: P.A. 89-672, eff. 8-14-96; 90-345, eff. 8-8-97.)
22 (755 ILCS 5/11a-18.2 new)
23 Sec. 11a-18.2. Duties of standby guardian of a disabled
24 person.
25 (a) Before a standby guardian of a disabled person may
26 act, the standby guardian must be appointed by the court of
27 the proper county and, in the case of a standby guardian of
28 the disabled person's estate, the standby guardian must give
29 the bond prescribed in subsection (c) of Section 11a-3.1 and
30 Section 12-2.
31 (b) The standby guardian shall not have any duties or
32 authority to act until the standby guardian receives
33 knowledge of the death or consent of the disabled person's
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1 guardian, or the inability of the disabled person's guardian
2 to make and carry out day-to-day care decisions concerning
3 the disabled person for whom the standby guardian has been
4 appointed. This inability of the disabled person's guardian
5 to make and carry out day-to-day care decisions may be
6 communicated either by the guardian's own admission or by the
7 written certification of the guardian's attending physician.
8 Immediately upon receipt of that knowledge, the standby
9 guardian shall assume all duties as guardian of the disabled
10 person as previously determined by the order appointing the
11 standby guardian, and as set forth in Sections 11a-17 and
12 11a-18, and the standby guardian of the person shall have the
13 authority to act as guardian of the person without direction
14 of court for a period of up to 60 days, provided that the
15 authority of the standby guardian may be limited or
16 terminated by a court of competent jurisdiction.
17 (c) Within 60 days of the standby guardian's receipt of
18 knowledge of the death or consent of the disabled person's
19 guardian, or the inability of the disabled person's guardian
20 to make and carry out day-to-day care decisions concerning
21 the disabled person, the standby guardian shall file or cause
22 to be filed a petition for the appointment of a guardian of
23 the person or estate, or both, of the disabled person under
24 Section 11a-3.
25 (755 ILCS 5/11a-18.3 new)
26 Sec. 11a-18.3. Duties of short-term guardian of a
27 disabled person.
28 (a) Immediately upon the effective date of the
29 appointment of a short-term guardian, the short-term guardian
30 shall assume all duties as short-term guardian of the
31 disabled person as provided in this Section. The short-term
32 guardian of the person shall have authority to act as
33 short-term guardian, without direction of the court, for the
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1 duration of the appointment, which in no case shall exceed a
2 cumulative total of 60 days in any 12 month period for all
3 short-term guardians appointed by the guardian. The authority
4 of the short-term guardian may be limited or terminated by a
5 court of competent jurisdiction.
6 (b) Unless further specifically limited by the
7 instrument appointing the short-term guardian, a short-term
8 guardian shall have the authority to act as a guardian of the
9 person of a disabled person as prescribed in Section 11a-17,
10 but shall not have any authority to act as guardian of the
11 estate of a disabled person, except that a short-term
12 guardian shall have the authority to apply for and receive on
13 behalf of the disabled person benefits to which the disabled
14 person may be entitled from or under federal, State, or local
15 organizations or programs.
16 (755 ILCS 5/11a-23)
17 Sec. 11a-23. Reliance on authority of guardian, standby
18 guardian, short-term guardian.
19 (a) For the purpose of this Section, "guardian",
20 "standby guardian", and "short-term guardian" includes
21 temporary, plenary, or limited guardians of all wards.
22 (b) Every health care provider and other person
23 (reliant) has the right to rely on any decision or direction
24 made by the guardian, standby guardian, or short-term
25 guardian that is not clearly contrary to the law, to the same
26 extent and with the same effect as though the decision or
27 direction had been made or given by the ward. Any person
28 dealing with the guardian, standby guardian, or short-term
29 guardian may presume in the absence of actual knowledge to
30 the contrary that the acts of the guardian, standby guardian,
31 or short-term guardian conform to the provisions of the law.
32 A reliant shall not be protected if the reliant has actual
33 knowledge that the guardian, standby guardian, or short-term
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1 guardian is not entitled to act or that any particular action
2 or inaction is contrary to the provisions of the law.
3 (c) A health care provider (provider) who relies on and
4 carries out a guardian's, standby guardian's, or short-term
5 guardian's directions and who acts with due care and in
6 accordance with the law shall not be subject to any claim
7 based on lack of consent, or to criminal prosecution, or to
8 discipline for unprofessional conduct. Nothing in this
9 Section shall be deemed to protect a provider from liability
10 for the provider's own negligence in the performance of the
11 provider's duties or in carrying out any instructions of the
12 guardian, standby guardian, or short-term guardian, and
13 nothing in this Section shall be deemed to alter the law of
14 negligence as it applies to the acts of any guardian or
15 provider.
16 (d) A guardian, standby guardian, or short term
17 guardian, who acts or refrains from acting is not subject to
18 criminal prosecution or any claim based upon lack of his or
19 her authority or failure to act, if the act or failure to act
20 was with due care and in accordance with law. The guardian,
21 standby guardian, or short term guardian, shall not be liable
22 merely because he or she may benefit from the act, has
23 individual or conflicting interests in relation to the care
24 and affairs of the ward, or acts in a different manner with
25 respect to the guardian's, standby guardian's, or short-term
26 guardian's own care or interests.
27 (Source: P.A. 89-438, eff. 12-15-95.)
28 (755 ILCS 5/12-2) (from Ch. 110 1/2, par. 12-2)
29 Sec. 12-2. Individual representative; oath and bond.
30 (a) Except as provided in subsection (b), before
31 undertaking the representative's duties, every individual
32 representative shall take and file an oath or affirmation
33 that the individual will faithfully discharge the duties of
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1 the office of the representative according to law and shall
2 file in and have approved by the court a bond binding the
3 individual representative so to do. The court may waive the
4 filing of a bond of a representative of the person of a ward
5 or of a standby guardian of a minor or disabled person.
6 (b) Where bond or security is excused by the will or as
7 provided in subsection (b) of Section 12-4, the bond of the
8 representative in the amount from time to time required under
9 this Article shall be in full force and effect without
10 writing, unless the court requires the filing of a written
11 bond.
12 (Source: P.A. 88-529.)
13 (755 ILCS 5/21-2) (from Ch. 110 1/2, par. 21-2)
14 Sec. 21-2. Investments; Ward's Estate.)
15 (a) It is the duty of the representative to invest the
16 ward's money. A representative is chargeable with interest
17 at a rate equal to the rate on 90-day United States Treasury
18 Bills upon any money that the representative which he
19 wrongfully or negligently allows to remain in his hands
20 uninvested after it might have been invested. Reasonable
21 sums of money retained uninvested by the representative in
22 order to pay for the current or imminent expenses of the ward
23 shall not be considered wrongfully or negligently uninvested.
24 (b) Upon receiving the approval of the court, a
25 representative may hold any investments, or any increase
26 thereof, received by the representative him at the time of
27 the representative's his appointment or acquired by the ward,
28 although the investment is not otherwise authorized under
29 this Act, and the court has power to direct the
30 representative in connection therewith.
31 (c) A representative may invest only in the types of
32 property specified in Sections 21-2.01 through 21-2.15.
33 (Source: P.A. 84-494.)
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1 (755 ILCS 5/21-2.04) (from Ch. 110 1/2, par. 21-2.04)
2 Sec. 21-2.04. Insured accounts, deposits, and
3 certificates. Withdrawable capital accounts, deposits,
4 investment certificates or certificates of deposit of state
5 and federal savings and loan associations but, unless
6 otherwise authorized by a court of competent jurisdiction,
7 only to the extent that the accounts, deposits or
8 certificates are insured by the United States or any of its
9 agencies Federal Savings and Loan Insurance Corporation, and
10 share accounts in federal and state credit unions if the
11 credit unions are insured by the National Credit Union
12 Administration. Amounts invested in a savings and loan
13 association in excess of the amount insured by the United
14 States or any of its agencies Federal Savings and Loan
15 Insurance Corporation shall be secured by a surety bond taken
16 from a surety authorized to transact business in this State
17 in such sum, under such conditions, and with such security
18 sufficient to save the estate from loss.
19 (Source: P.A. 81-0391; 81-0403; 81-1509.)
20 (755 ILCS 5/21-2.05) (from Ch. 110 1/2, par. 21-2.05)
21 Sec. 21-2.05. Municipal bonds. Instruments providing for
22 the payment of money executed by or on behalf of any state of
23 the United States or the District of Columbia or any
24 governmental entity organized by or under the laws of any
25 state of the United States or the District of Columbia, to
26 carry out a public governmental or proprietary function,
27 acting through its corporate authorities, or that any
28 governmental entity has assumed or agreed to pay and that, at
29 the time of investment, have been given one of the top 4
30 rating grades by a nationally recognized rating service. The
31 direct obligations of any state, county, city, town, village,
32 school district, municipality and any political subdivision
33 of any of them, located in any state of the United States or
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1 the District of Columbia, if the total direct obligations of
2 that state, county, city, town, village, school district,
3 municipality or political subdivision does not exceed 5 per
4 cent of the assessed valuation of property for taxation at
5 the time of the investment, but no investment may be made in
6 obligations of any state, county, city, town, village, school
7 district, municipality or political subdivision which has
8 defaulted in a payment of principal or interest on any of its
9 bonded debt during the period of 5 years prior to the making
10 of the investment.
11 (Source: P.A. 79-328.)
12 (755 ILCS 5/21-2.07) (from Ch. 110 1/2, par. 21-2.07)
13 Sec. 21-2.07. Notes secured by real estate. All of the
14 notes secured by a first mortgage or trust deed upon improved
15 or income producing real estate situated in this State and
16 not exceeding two-thirds 1/2 of the value thereof at the time
17 of the investment.
18 (Source: P.A. 79-328.)
19 (755 ILCS 5/21-2.08) (from Ch. 110 1/2, par. 21-2.08)
20 Sec. 21-2.08. Corporate obligations. Obligations of any
21 company incorporated under the laws of the United States or
22 of any state of the United States or the District of Columbia
23 that, at the time of investment, have been given one of the
24 top 4 rating grades by a nationally recognized rating service
25 which are or have been a part of an issue of not less than
26 $3,000,000.
27 (Source: P.A. 79-328.)
28 (755 ILCS 5/21-2.11) (from Ch. 110 1/2, par. 21-2.11)
29 Sec. 21-2.11. Life, endowment, or annuity policies.
30 Life, endowment, or annuity policies on upon the life of the
31 ward, or on the life of any person in whose life the ward has
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1 an insurable interest, if the ward is the beneficiary, when
2 the policies of insurance are issued by companies,
3 associations or fraternal organizations that, at the time of
4 investment, have been given one of the top 4 rating grades by
5 a nationally recognized rating service licensed to engage in
6 the business of insurance in this State. The order may
7 authorize the payment of annual premiums without further
8 application to the court.
9 (Source: P.A. 79-328.)
10 (755 ILCS 5/21-2.12) (from Ch. 110 1/2, par. 21-2.12)
11 Sec. 21-2.12. Stock. Preferred and common Shares of any
12 corporation with a market capitalization of over $200,000,000
13 if organized under the laws of the United States or any state
14 thereof or of the District of Columbia if:
15 (a) in the case of preferred shares, the issuing
16 corporation has earned a net profit in 8 of the preceding 10
17 fiscal years as reflected in its statements and during each
18 of the preceding 10 fiscal years has paid dividends in the
19 specified amounts upon all of its preferred shares, if any,
20 outstanding during such year and has no dividend arrearages
21 on its preferred shares outstanding at the date of purchase;
22 (b) in the case of common shares, the issuing
23 corporation has earned a net profit in 8 of the preceding 10
24 fiscal years as reflected in its statements and during each
25 of the preceding 10 years has paid dividends in the specified
26 amounts upon all its preferred shares, if any, outstanding
27 during such year and in each of at least 8 of the preceding
28 10 fiscal years, including the preceding 5 fiscal years, has
29 paid dividends in some amount upon all its common shares, if
30 any, outstanding during such years;
31 (c) in the case of any shares, except shares of an
32 investment company or investment trust, the shares are fully
33 listed and registered on upon an exchange registered with the
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1 Securities and Exchange Commission as a national securities
2 exchange or an electronic securities quotation system
3 regulated by the Securities and Exchange Commission.
4 If a corporation has acquired a substantial part of its
5 property within 10 years immediately preceding the investment
6 by consolidation or merger or by the purchase of a
7 substantial part of the property of any other corporation,
8 the earnings of the predecessor or constituent corporations
9 shall be consolidated for the purpose of ascertaining whether
10 the requirements of this Section have been satisfied.
11 As used in this Section, "corporation" includes an
12 open-end or closed-end management type investment company or
13 investment trust which is registered with, and regulated by,
14 the Securities and Exchange Commission, which has no
15 preferred shares, bonds, loans or any other outstanding
16 securities having preference or priority as to assets or
17 earnings over its common shares, and which has net assets of
18 not less than $10,000,000 at the date of purchase, and
19 "common shares" includes shares, units or certificates of
20 beneficial interest or trust participation certificates
21 issued by an investment company or investment trust.
22 No investment in preferred or common shares of a
23 corporation may be made under this Section that which, at the
24 time such investment is made, would cause the market value of
25 all stock held in the ward's estate preferred and common
26 shares to exceed two-thirds 1/2 of the market value of the
27 estate then held by the representative.
28 (Source: P.A. 79-328.)
29 (755 ILCS 5/21-2.13) (from Ch. 110 1/2, par. 21-2.13)
30 Sec. 21-2.13. Common trust funds. Interests in one or
31 more common trust funds, as defined in and from time to time
32 established, maintained and administered pursuant to the
33 Common Trust Fund Act, the Investments of which are not
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1 restricted to the investments otherwise authorized for
2 representatives by Sections 21-2.01 through 21-2.12 and
3 21-2.14 of this Act, provided that the investment in such
4 common trust fund meets the standard of the prudent investor
5 person rule for the investment of trust funds.
6 (Source: P.A. 84-494.)
7 (755 ILCS 5/21-2.09 rep.)
8 (755 ILCS 5/21-2.13a rep.)
9 Section 10. The Probate Act of 1975 is amended by
10 repealing Sections 21-2.09 and 21-2.13a.
11 Section 15. The Statute Concerning Perpetuities is
12 amended by changing Sections 3 and 4 as follows:
13 (765 ILCS 305/3) (from Ch. 30, par. 193)
14 Sec. 3. Definitions and Terms.
15 As used in this Act unless the context otherwise
16 requires:
17 (a) "Trust" means any trust created by any written
18 instrument, including, without limitation, a trust created by
19 in the exercise of a power of appointment.
20 (a-5) "Qualified perpetual trust" means any trust
21 created by any written instrument executed on or after
22 January 1, 1998, including an amendment to an instrument in
23 existence prior to that date and the exercise of a power of
24 appointment granted by an instrument executed or amended on
25 or after that date:
26 (i) to which, by the specific terms governing the
27 trust, the rule against perpetuities does not apply; and
28 (ii) the power of which the trustee (or other
29 person to whom the power is properly granted or
30 delegated) to sell property of which is not limited by
31 the governing trust instrument has the power in the trust
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1 document or under any provision of law to sell, lease, or
2 mortgage property for any period of time beyond the
3 period of the rule against perpetuities.
4 (b) "Trustee" includes the original trustee of any trust
5 and also any succeeding or added trustee.
6 (c) "Instrument" means any writing pursuant to which any
7 legal or equitable interest in property or in the income
8 therefrom is affected, disposed of or created.
9 (d) "Beneficiary" includes any person to whom any
10 interest, whether vested or contingent, is given by an
11 instrument.
12 (e) Any reference in this Act to income to be "paid" or
13 to income "payments" or to "receiving" income includes income
14 payable or distributable to or applicable for the benefit of
15 a beneficiary.
16 (f) Words importing the masculine gender include the
17 feminine and neuter, and words importing the singular number
18 include the plural and words importing the plural number
19 include the singular.
20 (Source: P.A. 90-472, eff. 8-17-97.)
21 (765 ILCS 305/4) (from Ch. 30, par. 194)
22 Sec. 4. Application of the Rule Against Perpetuities.
23 (a) The rule against perpetuities shall not apply:
24 (1) to any disposition of property or interest therein
25 which, at the effective date of this Act, does not violate,
26 or is exempted by statute from the operation of, the common
27 law rule against perpetuities;
28 (2) to powers of a trustee to sell, lease or mortgage
29 property or to powers which relate to the administration or
30 management of trust assets, including, without limitation,
31 discretionary powers of a trustee to determine what receipts
32 constitute principal and what receipts constitute income and
33 powers to appoint a successor trustee;
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1 (3) to mandatory powers of a trustee to distribute
2 income, or to discretionary powers of a trustee to distribute
3 principal prior to termination of a trust, to a beneficiary
4 having an interest in the principal which is irrevocably
5 vested in quality and quantity;
6 (4) to discretionary powers of a trustee to allocate
7 income and principal among beneficiaries, but no exercise of
8 any such power after the expiration of the period of the rule
9 against perpetuities is valid;
10 (5) to leases to commence in the future or upon the
11 happening of a future event, but no such lease shall be valid
12 unless the term thereof actually commences in possession
13 within 40 years from the date of execution of the lease;
14 (6) to commitments (A) by a lessor to enter into a lease
15 with a subtenant or with the holder of a leasehold mortgage
16 or (B) by a lessee or sublessee to enter into a lease with
17 the holder of a mortgage;
18 (7) to options in gross or to preemptive rights in the
19 nature of a right of first refusal, but no option in gross
20 shall be valid for more than 40 years from the date of its
21 creation; or
22 (8) to qualified perpetual trusts as defined in Section
23 3 of this Act created by will or inter-vivos agreement
24 executed or amended on or after January 1, 1998, or to
25 qualified perpetual trusts created by exercise of a power of
26 appointment granted under instruments executed or amended on
27 or after January 1, 1998.
28 (b) The period of the rule against perpetuities shall
29 not commence to run in connection with any disposition of
30 property or interest therein, and no instrument shall be
31 regarded as becoming effective for purposes of the rule
32 against perpetuities, and no interest or power shall be
33 deemed to be created for purposes of the rule against
34 perpetuities as long as, by the terms of the instrument, the
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1 maker of the instrument has the power to revoke the
2 instrument or to transfer or direct to be transferred to
3 himself the entire legal and equitable ownership of the
4 property or interest therein.
5 (c) In determining whether an interest violates the rule
6 against perpetuities:
7 (1) it shall be presumed (A) that the interest was
8 intended to be valid, (B) in the case of an interest
9 conditioned upon the probate of a will, the appointment of an
10 executor, administrator or trustee, the completion of the
11 administration of an estate, the payment of debts, the sale
12 or distribution of property, the determination of federal or
13 state tax liabilities or the happening of any administrative
14 contingency, that the contingency must occur, if at all,
15 within the period of the rule against perpetuities, and (C)
16 where the instrument creates an interest in the "widow",
17 "widower", or "spouse" of another person, that the maker of
18 the instrument intended to refer to a person who was living
19 at the date that the period of the rule against perpetuities
20 commences to run;
21 (2) where any interest, but for this subparagraph (c)
22 (2), would be invalid because it is made to depend upon any
23 person attaining or failing to attain an age in excess of 21
24 years, the age specified shall be reduced to 21 years as to
25 every person to whom the age contingency applies;
26 (3) if, notwithstanding the provisions of subparagraphs
27 (c) (1) and (2) of this Section, the validity of any interest
28 depends upon the possibility of the birth or adoption of a
29 child, (A) no person shall be deemed capable of having a
30 child until he has attained the age of 13 years, (B) any
31 person who has attained the age of 65 years shall be deemed
32 incapable of having a child, (C) evidence shall be admissible
33 as to the incapacity of having a child by a living person who
34 has not attained the age of 65 years, and (D) the possibility
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1 of having a child or more remote descendant by adoption shall
2 be disregarded.
3 (d) Subparagraphs (a) (2), (3) and (6) and paragraph (b)
4 of this Section shall be deemed to be declaratory of the law
5 prevailing in this State at the effective date of this Act.
6 (Source: P.A. 90-472, eff. 8-17-97.)
7 Section 17. The Trust Accumulation Act is amended by
8 changing Section 1 as follows:
9 (765 ILCS 315/1) (from Ch. 30, par. 153)
10 Sec. 1. No person shall, after this Act goes into effect,
11 by any deed, will, agreement or otherwise, settle or dispose
12 of any real or personal property, so and in such manner,
13 either expressly or by implication, that the income thereof
14 shall be wholly or partially accumulated for any longer term
15 after the effective date of such settlement or disposition
16 than a life or lives in being at that date and 21 years
17 beyond; and in every case where any accumulation shall be
18 directed otherwise, such direction shall be null and void,
19 and the income of such property so directed to be
20 accumulated, shall, so long as the same shall be directed to
21 be accumulated contrary to the provisions of this Act, go to
22 and be received by the person in whom the beneficial interest
23 in the corpus of the estate from which such income was
24 derived is vested. This Section does not apply to trusts to
25 which Section 5 of the Statute Concerning Perpetuities
26 applies, to qualified perpetual trusts as defined in Section
27 3 of the Statute Concerning Perpetuities, to trusts created
28 for the purpose of care of burial places, and or to trusts
29 created as part of a plan for the benefit of some or all of
30 the employes of one or more employers, including but without
31 limitation, a stock bonus, pension, disability, death
32 benefit, profit sharing, unemployment benefit or other plan,
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1 for the purpose of distributing for the benefit of such
2 employes, including their beneficiaries, the earnings or the
3 principal, or both earnings and principal, of the fund so
4 held in trust. Nothing in this Act shall be deemed to affect
5 or modify in any manner the rule of property known as the
6 "rule against perpetuities". For purposes of this Act no
7 settlement or disposition shall be deemed effective as long
8 as, by the terms of the instrument creating it, the maker of
9 the instrument has the power to revoke the instrument or to
10 transfer or direct to be transferred to himself the entire
11 legal and equitable ownership of the property which is the
12 subject matter of the settlement or disposition.
13 The amendatory Act of 1953 applies only to deeds or
14 agreements inter vivos which become legally effective on or
15 after July 1, 1953, and only to wills of testators dying on
16 or after such date.
17 The amendatory Act of 1957 applies only to instruments
18 which become effective after July 1, 1957.
19 This amendatory Act of 1969 applies only to instruments
20 which become effective after the effective date of this
21 amendatory Act of 1969, but the last sentence of the first
22 paragraph of this amendatory Act of 1969 shall be deemed to
23 be declaratory of the law prevailing in this state at the
24 effective date of this amendatory Act of 1969.
25 (Source: P.A. 90-472, eff. 8-17-97.)
26 Section 20. The Uniform Disposition of Unclaimed
27 Property Act is amended by changing Section 2 as follows:
28 (765 ILCS 1025/2) (from Ch. 141, par. 102)
29 Sec. 2. The following property held or owing by a
30 banking or financial organization is presumed abandoned:
31 (a) Any demand, savings, or matured time deposit with a
32 banking organization, together with any interest or dividend
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1 thereon, excluding any charges that may lawfully be withheld,
2 unless the owner has, within 5 years:
3 (1) Increased or decreased the amount of the
4 deposit, or presented the passbook or other similar
5 evidence of the deposit for the crediting of interest; or
6 (2) Corresponded in writing with the banking
7 organization concerning the deposit; or
8 (3) Otherwise indicated an interest in the deposit
9 as evidenced by a memorandum on file with the banking
10 organization.
11 (b) Any funds paid toward the purchase of withdrawable
12 shares or other interest in a financial organization, or any
13 deposit made, and any interest or dividends thereon,
14 excluding any charges that may be lawfully withheld, unless
15 the owner has within 5 years:
16 (1) Increased or decreased the amount of the funds,
17 or deposit, or presented an appropriate record for the
18 crediting of interest or dividends; or
19 (2) Corresponded in writing with the financial
20 organization concerning the funds or deposit; or
21 (3) Otherwise indicated an interest in the funds or
22 deposit as evidenced by a memorandum on file with the
23 financial organization.
24 (c) Any sum payable on checks or on written instruments
25 on which a banking or financial organization or business
26 association is directly liable including, by way of
27 illustration but not of limitation, certificates of deposit,
28 drafts, money orders and travelers checks, that with the
29 exception of travelers checks has been outstanding for more
30 than 5 years from the date it was payable, or from the date
31 of its issuance if payable on demand, or, in the case of
32 travelers checks, that has been outstanding for more than 15
33 years from the date of its issuance, unless the owner has
34 within 5 years or within 15 years in the case of travelers
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1 checks corresponded in writing with the banking or financial
2 organization or business association concerning it, or
3 otherwise indicated an interest as evidenced by a memorandum
4 on file with the banking or financial organization or
5 business association.
6 (d) Any funds or other personal property, tangible or
7 intangible, removed from a safe deposit box or any other
8 safekeeping repository or agency or collateral deposit box on
9 which the lease or rental period has expired due to
10 nonpayment of rental charges or other reason, or any surplus
11 amounts arising from the sale thereof pursuant to law, that
12 have been unclaimed by the owner for more than 5 years from
13 the date on which the lease or rental period expired,
14 subject to lien of the holder for reimbursement of costs
15 incurred in the opening of a safe deposit box as determined
16 by the holder's regular schedule of charges.
17 (e) Notwithstanding any other provision of this Section,
18 no deposit except passbook, checking, NOW accounts, super NOW
19 accounts, money market accounts, or such similar accounts as
20 established by Rule of the Director, held by a banking or
21 financial organization shall be presumed abandoned if with
22 respect to such a deposit which specifies a definite maturity
23 date, such organization was authorized in writing to extend
24 or rollover the account for an additional like period and
25 such organization does so extend. Such deposits are not
26 presumed abandoned less than 5 years from that final maturity
27 date. Property of any kind held in an individual retirement
28 account (IRA) is not presumed abandoned earlier than 5 years
29 after the owner attains the age at which distributions from
30 the account become mandatory under law.
31 (f) Notwithstanding any other provision of this Section,
32 money of a minor deposited pursuant to Section 24-21 of the
33 Probate Act of 1975 shall not be presumed abandoned earlier
34 than 5 years after the minor attains legal age.
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1 (Source: P.A. 89-604, eff. 8-2-96; 90-167, eff. 7-23-97.)
2 Section 99. Effective date. This Act takes effect
3 September 1, 1998.