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Public Act 097-1094
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| SB3593 Enrolled | LRB097 20172 JWD 65581 b |
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Probate Act of 1975 is amended by changing |
Section 13-5 as follows:
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(755 ILCS 5/13-5) (from Ch. 110 1/2, par. 13-5)
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Sec. 13-5. Powers and duties of public guardian.) The court |
may appoint
the public guardian as the guardian of any disabled |
adult who is in need
of a public guardian and whose estate |
exceeds $25,000. When a disabled adult
who has a smaller estate |
is in need of guardianship services, the court
shall appoint |
the State guardian pursuant to Section 30 of the Guardianship
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and Advocacy Act.
If the public guardian is appointed guardian |
of a disabled adult and the
estate of the disabled adult is |
thereafter reduced to less than $25,000, the
court may, upon |
the petition of the public guardian and the approval by the
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court of a final accounting of the disabled adult's estate, |
discharge the
public guardian and transfer the guardianship to |
the State guardian. The
public guardian shall serve not less |
than 14 days' notice to the State guardian
of the hearing date |
regarding the transfer.
When appointed by the court, the public |
guardian has the
same powers and duties as other guardians |
appointed under this Act, with
the following additions and |
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modifications:
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(a) The public guardian shall monitor the ward and his care |
and progress
on a continuous basis. Monitoring shall at minimum |
consist of monthly
contact with the ward, and the receipt of |
periodic reports from all
individuals and agencies, public or |
private, providing care or related
services to the ward.
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(b) Placement of a ward outside of the ward's home may be |
made only after
the public guardian or his representative has |
visited the facility in which
placement is proposed.
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(c) The public guardian shall prepare an inventory of the |
ward's belongings
and assets and shall maintain insurance on |
all of the ward's real and personal
property, unless the court |
determines, and issues an order finding, that (1) the real or |
personal property lacks sufficient equity, (2) the estate lacks |
sufficient funds to pay for insurance, or (3) the property is |
otherwise uninsurable. No personal property shall be removed |
from the ward's possession
except for storage pending final |
placement or for liquidation in accordance
with this Act.
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(d) The public guardian shall make no substantial |
distribution of the
ward's estate without a court order.
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(e) The public guardian may liquidate assets of the ward to |
pay for the
costs of the ward's care and for storage of the |
ward's personal property
only after notice of such pending |
action is given to all potential heirs
at law, unless notice is |
waived by the court; provided, however, that a
person who has |
been so notified may elect to pay for care or storage or
to pay |
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fair market value of the asset or assets sought to be sold in |
lieu
of liquidation.
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(f) Real property of the ward may be sold at fair market |
value after an
appraisal of the property has been made by a |
licensed appraiser; provided,
however, that the ward's |
residence may be sold only if the court finds that
the ward is |
not likely to be able to return home at a future date.
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(g) The public guardian shall, at such intervals as the |
court may direct,
submit to the court an affidavit setting |
forth in detail the services he
has provided for the benefit of |
the ward.
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(h) Upon the death of the ward, the public guardian shall |
turn over to
the court-appointed administrator all of the |
ward's assets and an account
of his receipt and administration |
of the ward's property. A guardian ad
litem shall be appointed |
for an accounting when the estate exceeds the amount
set in |
Section 25-1 of this Act for administration of small estates.
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(i)(1) On petition of any person who appears to have an |
interest in
the estate, the court by temporary order may |
restrain the public guardian
from performing specified acts of |
administration, disbursement or distribution,
or from exercise |
of any powers or discharge of any duties of his office,
or make |
any other order to secure proper performance of his duty, if it
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appears to the court that the public guardian might otherwise |
take some
action contrary to the best interests of the ward. |
Persons with whom the
public guardian may transact business may |
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be made parties.
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(2) The matter shall be set for hearing within 10 days |
unless the parties
otherwise agree or unless for good cause |
shown the court determines that
additional time is required. |
Notice as the court directs shall be given
to the public |
guardian and his attorney of record, if any, and to any other
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parties named defendant in the petition.
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(j) On petition of the public guardian, the court in its |
discretion may
for good cause shown transfer guardianship to |
the State guardian.
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(k) No later than January 31 of each year, the public |
guardian shall file
an annual report with the clerk of the |
Circuit Court, indicating, with respect
to the period covered |
by the report, the number of cases which he has handled,
the |
date on which each case was assigned, the date of termination |
of each
case which has been closed during the period, the |
disposition of each
terminated case, and the total amount of |
fees collected during the period
from each ward.
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(l) (Blank).
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(Source: P.A. 96-752, eff. 1-1-10.)
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Section 99. Effective date. This Act takes effect upon |
becoming law. |