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Public Act 92-0840
SB1949 Enrolled LRB9216014WHpc
AN ACT concerning guardianship.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Probate Act of 1975 is amended by
changing Section 13-5 as follows:
(755 ILCS 5/13-5) (from Ch. 110 1/2, par. 13-5)
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 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 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 modifications:
(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.
(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.
(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. 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.
(d) The public guardian shall make no substantial
distribution of the ward's estate without a court order.
(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 fair market value of the asset or assets
sought to be sold in lieu of liquidation.
(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.
(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. The court shall set reasonable and appropriate
fees for such services. Except in a county that has a
population exceeding 3,000,000 people, the public guardian
may petition the court for the payment of reasonable and
appropriate fees on not less than a quarterly basis, or
sooner as approved by the court.
(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.
(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 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 be
made parties.
(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 parties named defendant in the
petition.
(j) On petition of the public guardian, the court in its
discretion may for good cause shown transfer guardianship to
the State guardian.
(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.
(l) When the public guardian is appointed temporary
guardian of a disabled adult pursuant to an emergency
petition under circumstances where the court finds that the
immediate establishment of a temporary guardianship is
necessary to protect the disabled adult's health, welfare, or
estate, the public guardian shall be entitled to reasonable
and appropriate fees, as determined by the court, for the
period of the temporary guardianship, including fees directly
associated with establishing the temporary guardianship.
(Source: P.A. 87-287.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 31, 2002.
Approved August 22, 2002.
Effective August 22, 2002.
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