State of Illinois
91st General Assembly
Legislation

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[ Introduced ][ Enrolled ][ Senate Amendment 001 ]

91_SB0465eng

 
SB465 Engrossed                               LRB9100413WHprA

 1        AN  ACT  to  amend  the  Probate  Act of 1975 by changing
 2    Section 11-13.

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

 5        Section  5.   The  Probate  Act  of  1975  is  amended by
 6    changing Section 11-13 as follows:

 7        (755 ILCS 5/11-13) (from Ch. 110 1/2, par. 11-13)
 8        Sec. 11-13.  Duties of guardian of  a  minor.   Before  a
 9    guardian  of a minor may act, the guardian shall be appointed
10    by the court of the proper county  and,  in  the  case  of  a
11    guardian  of  the minor's estate, the guardian shall give the
12    bond prescribed in  Section  12-2.   Except  as  provided  in
13    Section  11-13.1  and  Section  11-13.2  with  respect to the
14    standby or short-term guardian of the person of a minor,  the
15    court  shall  have  control over the person and estate of the
16    ward.  Under the direction of the court:
17        (a)  The guardian of the person shall have  the  custody,
18    nurture  and  tuition and shall provide education of the ward
19    and of his  children,  but  the  ward's  spouse  may  not  be
20    deprived  of  the  custody  and  education  of  the  spouse's
21    children,  without  consent  of  the spouse, unless the court
22    finds that the spouse is not a fit and  competent  person  to
23    have  such  custody  and  education.  If the ward's estate is
24    insufficient to provide for  the  ward's  education  and  the
25    guardian  of his person fails to provide education, the court
26    may award the custody of the ward to some  other  person  for
27    the  purpose  of  providing  education.   If a person makes a
28    settlement upon or provision for the support or education  of
29    a  ward  and  if either parent of the ward is dead, the court
30    may make such order for the visitation of  the  ward  by  the
31    person  making the settlement or provision as the court deems
 
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 1    proper.
 2        (b)  The guardian or other representative of  the  ward's
 3    estate  shall have the care, management and investment of the
 4    estate, shall manage the estate frugally and shall apply  the
 5    income  and  principal  of the estate so far as necessary for
 6    the comfort and suitable support and education of  the  ward,
 7    his  children,  and  persons related by blood or marriage who
 8    are dependent upon or entitled to support from  him,  or  for
 9    any  other  purpose  which the court deems to be for the best
10    interests of the ward, and the court may approve  the  making
11    on  behalf  of  the  ward  of  such  agreements  as the court
12    determines  to  be  for  the  ward's  best  interests.    The
13    representative  may make disbursement of his ward's funds and
14    estate directly to the ward or other distributee or  in  such
15    other  manner  and  in such amounts as the court directs.  If
16    the estate of a ward is derived in  whole  or  in  part  from
17    payments  of  compensation,  adjusted  compensation, pension,
18    insurance or other similar  benefits  made  directly  to  the
19    estate   by   the  Veterans  Administration,  notice  of  the
20    application for leave to invest or expend the ward's funds or
21    estate, together with a copy of  the  petition  and  proposed
22    order,   shall  be  given  to  the  Veterans'  Administration
23    Regional Office in this State at  least  7  days  before  the
24    hearing  on  the  application.  The court, upon petition of a
25    guardian of the estate of a minor, may permit the guardian to
26    make a will or create a revocable or  irrevocable  trust  for
27    the  minor  that  the court considers appropriate in light of
28    changes in applicable tax laws that allow for minimization of
29    State  or  federal  income,  estate,  or  inheritance  taxes;
30    however, the will or trust must make  distributions  only  to
31    the  persons  who  would be entitled to  distributions if the
32    minor were to die intestate and the will or trust must   make
33    distributions  to  those persons in the same amounts to which
34    they  would be entitled if the minor were to die intestate.
 
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 1        (c)  Upon the direction of the  court  which  issued  his
 2    letters  a  representative  may  perform the contracts of his
 3    ward which  were  legally  subsisting  at  the  time  of  the
 4    commencement  of  the  guardianship.  The court may authorize
 5    the guardian to execute and deliver any bill of sale, deed or
 6    other instrument.
 7        (d)  The representative of the estate  of  a  ward  shall
 8    appear  for  and  represent the ward in all legal proceedings
 9    unless another  person  is  appointed  for  that  purpose  as
10    representative  or  next  friend.   This  does not impair the
11    power of any court to appoint a representative or next friend
12    to defend the interests of the ward  in  that  court,  or  to
13    appoint  or  allow any person as the next friend of a ward to
14    commence, prosecute or defend any proceeding in  his  behalf.
15    Any  proceeding  on  behalf  of  a minor may be commenced and
16    prosecuted by his next friend, without any previous authority
17    or appointment by the court if the next  friend  enters  bond
18    for  costs  and files it in the court where the proceeding is
19    pending. Without impairing the power  of  the  court  in  any
20    respect,  if  the representative of the estate of a minor and
21    another person as next friend shall appear for and  represent
22    the  minor in a legal proceeding in which the compensation of
23    the attorney or attorneys representing the guardian and  next
24    friend   is   solely   determined   under  a  contingent  fee
25    arrangement, the guardian of the estate of  the  minor  shall
26    not participate in or have any duty to review the prosecution
27    of   the   action,   to   participate   in   or   review  the
28    appropriateness of  any  settlement  of  the  action,  or  to
29    participate   in   or   review   any   determination  of  the
30    appropriateness of  any  fees  awarded  to  the  attorney  or
31    attorneys employed in the prosecution of the action.
32        (e)  Upon  petition  by  any interested person (including
33    the standby or short-term  guardian),  with  such  notice  to
34    interested  persons as the court directs and a finding by the
 
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 1    court that it is in the best interest of the minor, the court
 2    may  terminate  or  limit  the  authority  of  a  standby  or
 3    short-term guardian or may enter such  other  orders  as  the
 4    court deems necessary to provide for the best interest of the
 5    minor.   The  petition  for  termination or limitation of the
 6    authority of a standby or short-term guardian may,  but  need
 7    not, be combined with a petition to have a guardian appointed
 8    for the minor.
 9    (Source: P.A. 90-345, eff. 8-8-97.)

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