State of Illinois
Public Acts
92nd General Assembly

[ Home ]  [ ILCS ] [ Search ] [ Bottom ]
 [ Other General Assemblies ]

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.

[ Top ]