Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau
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ESTATES755 ILCS 5/12-15
(755 ILCS 5/) Probate Act of 1975.
(755 ILCS 5/12-15)
(from Ch. 110 1/2, par. 12-15)
Suit on bond.
Suit on a bond executed
under this Act may be prosecuted against one or more of the
obligors named in the bond in the name of the people of the State
of Illinois for the use of any person who may have been
injured by reason of the neglect or improper conduct of the
principal on the bond. Suits may be prosecuted on the bond
from time to time and the bond does not become void on a
recovery thereon until the whole penalty is recovered. It is not necessary to
a recovery that a devastavit shall have previously been established against the
copy of the bond, authenticated by the clerk of the court,
is admissible in evidence to authorize recovery on the bond.
The person for whose use suit on a bond is prosecuted is
liable for all costs which may be taxed by the court in which
suit is brought if the plaintiff fails to recover thereon.
(Source: P.A. 89-364, eff. 8-18-95.)
755 ILCS 5/Art. XIII
(755 ILCS 5/Art. XIII heading)
PUBLIC ADMINISTRATORS, GUARDIANS AND CONSERVATORS
755 ILCS 5/13-1
(755 ILCS 5/13-1)
(from Ch. 110 1/2, par. 13-1)
Appointment and term of public administrator and public guardian.)
Except as provided in Section 13-1.1, before the first Monday of December,
1977 and every 4 years thereafter, and as often as vacancies occur, the
Governor, by and with the advice and consent of the Senate, shall
appoint in each county a suitable person to serve as public
administrator and a suitable person to serve as public guardian of the county.
The Governor may appoint the same person to serve as public guardian and public administrator in one or more counties. In considering the number of counties of service for any prospective public guardian or public administrator the Governor may consider the population of the county and the ability of the prospective public guardian or public administrator to travel to multiple counties and manage estates in multiple counties. Each person so appointed holds his office for
4 years from the first Monday of December, 1977 and every 4 years
thereafter or until his successor is appointed and qualified.
(Source: P.A. 96-752, eff. 1-1-10.)
755 ILCS 5/13-1.1
(755 ILCS 5/13-1.1)
(from Ch. 110 1/2, par. 13-1.1)
Appointment and term of public guardian in counties having
a population in excess of 1,000,000.) As soon as practicable
after the effective date of this amendatory Act, the chief judge of the
Circuit Court in each circuit shall appoint for each county in the circuit
having a population in excess of 1,000,000 to the office of public guardian
a duly licensed attorney who shall hold office, death or resignation not
intervening, at the pleasure of the chief judge; and whenever a vacancy
occurs in the office it shall be filled in a like manner.
(Source: P.A. 81-1052.)
755 ILCS 5/13-1.2
(755 ILCS 5/13-1.2)
Each person appointed as a public guardian by the Governor shall be certified as a National Certified Guardian by the Center for Guardianship Certification within 6 months after his or her appointment. The Guardianship and Advocacy Commission shall provide public guardians with professional training opportunities and facilitate testing and certification opportunities at locations in Springfield and Chicago with the Center for Guardianship Certification. The cost of certification shall be considered an expense connected with the operation of the public guardian's office within the meaning of subsection (b) of Section 13-3.1 of this Article.
(Source: P.A. 96-752, eff. 1-1-10.)
755 ILCS 5/13-2
(755 ILCS 5/13-2)
(from Ch. 110 1/2, par. 13-2)
Bond and oath.) Before entering upon the performance of
his duties, every public administrator and every public guardian shall take
and file in the court an oath or affirmation that
he will support the Constitution of the United States and the
Constitution of the State of Illinois and will faithfully discharge the
duties of his office and shall enter into a bond payable to the people
of the State of Illinois in a sum of not less than $5,000 with security
as provided by this Act and approved by the court of the county in
which he is appointed, conditioned that he will faithfully discharge
the duties of his office. The court may from time to time require
additional security of the public administrator or guardian
and may require him to give the usual bond required of representatives
of estates of decedents, or disabled persons
in other cases. In
default of his giving bond within 60 days after receiving his commission
or of his giving additional security within 60 days after being ordered
by the court to do so, his office is deemed vacant and upon certificate
of a judge of the court of that fact the Governor or the Circuit Court
shall fill the
(Source: P.A. 81-1052.)
755 ILCS 5/13-3
(755 ILCS 5/13-3)
(from Ch. 110 1/2, par. 13-3)
Compensation of public administrator.
(a) In counties having a population in excess of 1,000,000
the public administrator shall pay all the fees collected by the office into
the county treasury. Each year, the county board shall appropriate an amount
to be paid to the public administrator as compensation for the public
administrator's performance of his or her duties and such compensation shall be
paid at a minimum level of $20,000 annually. That amount shall be paid
from the fees collected by the office of the public administrator. The
county board in such counties shall fix the amount for the public
administrator's compensation and necessary clerk hire,
and office expense in the annual county budget and appropriation ordinances,
which shall be paid from the
county treasury. In such counties all fees of the office of public
administrator are subject to audit the same as are fees of other county
(b) In counties having a population of 1,000,000 or
less the public administrator may receive all the fees
of his office and shall bear the expenses connected with
the operation of such office.
(Source: P.A. 89-135, eff. 7-14-95.)
755 ILCS 5/13-3.1
(755 ILCS 5/13-3.1)
(from Ch. 110 1/2, par. 13-3.1)
Compensation of public guardian.
(a) In counties having a population
in excess of 1,000,000 the public guardian shall be paid an annual salary,
to be set by the County Board at a figure not to exceed the salary of the
public defender for the county. All expenses connected with the operation
of the office shall be subject to the approval of the County Board and shall
be paid from the county treasury. All fees collected shall be paid into
the county treasury.
(b) In counties having a population of 1,000,000 or less the public guardian shall receive all the fees of his office and bear the expenses connected with the operation of the office. A public guardian shall be entitled to reasonable and appropriate compensation for services related to guardianship duties but all fees must be reviewed and approved by the court. A public guardian may petition the court for the payment of reasonable and appropriate fees. In counties having a population of 1,000,000 or less, the public guardian shall do so on not less than a yearly basis, or sooner as approved by the court. Any fees or expenses charged by a public guardian shall be documented through billings and maintained by the guardian and supplied to the court for review. In considering the reasonableness of any fee petition brought by a public guardian under this Section, the court shall consider the following:
(1) the powers and duties assigned to the public
(2) the necessity of any services provided;
(3) the time required, the degree of difficulty, and
the experience needed to complete the task;
(4) the needs of the ward and the costs of
(5) other facts and circumstances material to the
best interests of the ward or his or her estate.
(c) When the public guardian is appointed as the temporary guardian of a disabled adult pursuant to an emergency petition under circumstances when 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. 96-752, eff. 1-1-10; 96-1000, eff. 7-2-10.)