State of Illinois
92nd General Assembly
Legislation

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92_SB1949enr

 
SB1949 Enrolled                                LRB9216014WHpc

 1        AN ACT concerning guardianship.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.   The  Probate  Act  of  1975  is  amended  by
 5    changing Section 13-5 as follows:

 6        (755 ILCS 5/13-5) (from Ch. 110 1/2, par. 13-5)
 7        Sec.  13-5.   Powers and duties of public guardian.)  The
 8    court may appoint the public guardian as the guardian of  any
 9    disabled  adult who is in need of a public guardian and whose
10    estate exceeds $25,000.  When a  disabled  adult  who  has  a
11    smaller estate is in need of guardianship services, the court
12    shall  appoint  the  State guardian pursuant to Section 30 of
13    the Guardianship and Advocacy Act. If the public guardian  is
14    appointed  guardian of a disabled adult and the estate of the
15    disabled adult is thereafter reduced to  less  than  $25,000,
16    the  court  may, upon the petition of the public guardian and
17    the approval by the  court  of  a  final  accounting  of  the
18    disabled  adult's  estate,  discharge the public guardian and
19    transfer the guardianship to the State guardian.  The  public
20    guardian  shall  serve  not  less than 14 days' notice to the
21    State guardian of the hearing date  regarding  the  transfer.
22    When appointed by the court, the public guardian has the same
23    powers  and  duties  as  other guardians appointed under this
24    Act, with the following additions and modifications:
25        (a)  The public guardian shall monitor the ward  and  his
26    care and progress on a continuous basis.  Monitoring shall at
27    minimum  consist  of  monthly  contact with the ward, and the
28    receipt  of  periodic  reports  from  all   individuals   and
29    agencies,  public  or  private,  providing  care  or  related
30    services to the ward.
31        (b)  Placement  of  a ward outside of the ward's home may
 
SB1949 Enrolled            -2-                 LRB9216014WHpc
 1    be made only after the public guardian or his  representative
 2    has visited the facility in which placement is proposed.
 3        (c)  The  public  guardian  shall prepare an inventory of
 4    the ward's belongings and assets and shall maintain insurance
 5    on all of the ward's real and personal property.  No personal
 6    property shall be removed from the ward's  possession  except
 7    for  storage  pending  final  placement or for liquidation in
 8    accordance with this Act.
 9        (d)  The  public  guardian  shall  make  no   substantial
10    distribution of the ward's estate without a court order.
11        (e)  The public guardian may liquidate assets of the ward
12    to  pay  for  the costs of the ward's care and for storage of
13    the ward's  personal  property  only  after  notice  of  such
14    pending action is given to all potential heirs at law, unless
15    notice  is  waived  by  the  court; provided, however, that a
16    person who has been so notified may elect to pay for care  or
17    storage  or  to  pay fair market value of the asset or assets
18    sought to be sold in lieu of liquidation.
19        (f)  Real property of the ward may be sold at fair market
20    value after an appraisal of the property has been made  by  a
21    licensed   appraiser;  provided,  however,  that  the  ward's
22    residence may be sold only if the court finds that  the  ward
23    is not likely to be able to return home at a future date.
24        (g)  The  public guardian shall, at such intervals as the
25    court may direct, submit to the court  an  affidavit  setting
26    forth  in detail the services he has provided for the benefit
27    of the ward.  The court shall set reasonable and  appropriate
28    fees  for  such  services.  Except  in  a  county  that has a
29    population exceeding 3,000,000 people,  the  public  guardian
30    may  petition  the  court  for  the payment of reasonable and
31    appropriate fees on not  less  than  a  quarterly  basis,  or
32    sooner as approved by the court.
33        (h)  Upon  the  death  of  the  ward, the public guardian
34    shall turn over to the court-appointed administrator  all  of
 
SB1949 Enrolled            -3-                 LRB9216014WHpc
 1    the   ward's  assets  and  an  account  of  his  receipt  and
 2    administration of the ward's property.  A guardian  ad  litem
 3    shall  be appointed for an accounting when the estate exceeds
 4    the amount set in Section 25-1 of this Act for administration
 5    of small estates.
 6        (i)  (1) On petition of any person who appears to have an
 7        interest in the estate, the court by temporary order  may
 8        restrain  the  public  guardian from performing specified
 9        acts of administration, disbursement or distribution,  or
10        from exercise of any powers or discharge of any duties of
11        his  office,  or  make  any  other order to secure proper
12        performance of his duty, if it appears to the court  that
13        the  public  guardian  might  otherwise  take some action
14        contrary to the best interests of the ward.  Persons with
15        whom the public guardian may  transact  business  may  be
16        made parties.
17             (2)  The  matter  shall be set for hearing within 10
18        days unless the parties otherwise  agree  or  unless  for
19        good  cause  shown  the  court determines that additional
20        time is required.  Notice as the court directs  shall  be
21        given  to the public guardian and his attorney of record,
22        if any, and to any other parties named defendant  in  the
23        petition.
24        (j)  On petition of the public guardian, the court in its
25    discretion  may for good cause shown transfer guardianship to
26    the State guardian.
27        (k)  No later than January 31 of each  year,  the  public
28    guardian  shall  file  an annual report with the clerk of the
29    Circuit Court, indicating, with respect to the period covered
30    by the report, the number of cases which he has handled,  the
31    date on which each case was assigned, the date of termination
32    of  each  case  which  has been closed during the period, the
33    disposition of each terminated case, and the total amount  of
34    fees collected during the period from each ward.
 
SB1949 Enrolled            -4-                 LRB9216014WHpc
 1        (l)  When  the  public  guardian  is  appointed temporary
 2    guardian  of  a  disabled  adult  pursuant  to  an  emergency
 3    petition under circumstances where the court finds  that  the
 4    immediate   establishment  of  a  temporary  guardianship  is
 5    necessary to protect the disabled adult's health, welfare, or
 6    estate, the public guardian shall be entitled  to  reasonable
 7    and  appropriate  fees,  as  determined by the court, for the
 8    period of the temporary guardianship, including fees directly
 9    associated with establishing the temporary guardianship.
10    (Source: P.A. 87-287.)

11        Section 99.  Effective date.  This Act takes effect  upon
12    becoming law.

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