Sen. Ira I. Silverstein

Filed: 3/26/2012

 

 


 

 


 
09700SB3593sam002LRB097 20172 JLS 67926 a

1
AMENDMENT TO SENATE BILL 3593

2    AMENDMENT NO. ______. Amend Senate Bill 3593 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Probate Act of 1975 is amended by changing
5Section 13-5 as follows:
 
6    (755 ILCS 5/13-5)  (from Ch. 110 1/2, par. 13-5)
7    Sec. 13-5. Powers and duties of public guardian.) The court
8may appoint the public guardian as the guardian of any disabled
9adult who is in need of a public guardian and whose estate
10exceeds $25,000. When a disabled adult who has a smaller estate
11is in need of guardianship services, the court shall appoint
12the State guardian pursuant to Section 30 of the Guardianship
13and Advocacy Act. If the public guardian is appointed guardian
14of a disabled adult and the estate of the disabled adult is
15thereafter reduced to less than $25,000, the court may, upon
16the petition of the public guardian and the approval by the

 

 

09700SB3593sam002- 2 -LRB097 20172 JLS 67926 a

1court of a final accounting of the disabled adult's estate,
2discharge the public guardian and transfer the guardianship to
3the State guardian. The public guardian shall serve not less
4than 14 days' notice to the State guardian of the hearing date
5regarding the transfer. When appointed by the court, the public
6guardian has the same powers and duties as other guardians
7appointed under this Act, with the following additions and
8modifications:
9    (a) The public guardian shall monitor the ward and his care
10and progress on a continuous basis. Monitoring shall at minimum
11consist of monthly contact with the ward, and the receipt of
12periodic reports from all individuals and agencies, public or
13private, providing care or related services to the ward.
14    (b) Placement of a ward outside of the ward's home may be
15made only after the public guardian or his representative has
16visited the facility in which placement is proposed.
17    (c) The public guardian shall prepare an inventory of the
18ward's belongings and assets and shall maintain insurance on
19all of the ward's real and personal property, unless the court
20determines that the real or personal property lacks sufficient
21equity, the estate lacks sufficient funds to pay for insurance,
22or the property is otherwise insurable. No personal property
23shall be removed from the ward's possession except for storage
24pending final placement or for liquidation in accordance with
25this Act.
26    (d) The public guardian shall make no substantial

 

 

09700SB3593sam002- 3 -LRB097 20172 JLS 67926 a

1distribution of the ward's estate without a court order.
2    (e) The public guardian may liquidate assets of the ward to
3pay for the costs of the ward's care and for storage of the
4ward's personal property only after notice of such pending
5action is given to all potential heirs at law, unless notice is
6waived by the court; provided, however, that a person who has
7been so notified may elect to pay for care or storage or to pay
8fair market value of the asset or assets sought to be sold in
9lieu of liquidation.
10    (f) Real property of the ward may be sold at fair market
11value after an appraisal of the property has been made by a
12licensed appraiser; provided, however, that the ward's
13residence may be sold only if the court finds that the ward is
14not likely to be able to return home at a future date.
15    (g) The public guardian shall, at such intervals as the
16court may direct, submit to the court an affidavit setting
17forth in detail the services he has provided for the benefit of
18the ward.
19    (h) Upon the death of the ward, the public guardian shall
20turn over to the court-appointed administrator all of the
21ward's assets and an account of his receipt and administration
22of the ward's property. A guardian ad litem shall be appointed
23for an accounting when the estate exceeds the amount set in
24Section 25-1 of this Act for administration of small estates.
25    (i)(1) On petition of any person who appears to have an
26interest in the estate, the court by temporary order may

 

 

09700SB3593sam002- 4 -LRB097 20172 JLS 67926 a

1restrain the public guardian from performing specified acts of
2administration, disbursement or distribution, or from exercise
3of any powers or discharge of any duties of his office, or make
4any other order to secure proper performance of his duty, if it
5appears to the court that the public guardian might otherwise
6take some action contrary to the best interests of the ward.
7Persons with whom the public guardian may transact business may
8be made parties.
9    (2) The matter shall be set for hearing within 10 days
10unless the parties otherwise agree or unless for good cause
11shown the court determines that additional time is required.
12Notice as the court directs shall be given to the public
13guardian and his attorney of record, if any, and to any other
14parties named defendant in the petition.
15    (j) On petition of the public guardian, the court in its
16discretion may for good cause shown transfer guardianship to
17the State guardian.
18    (k) No later than January 31 of each year, the public
19guardian shall file an annual report with the clerk of the
20Circuit Court, indicating, with respect to the period covered
21by the report, the number of cases which he has handled, the
22date on which each case was assigned, the date of termination
23of each case which has been closed during the period, the
24disposition of each terminated case, and the total amount of
25fees collected during the period from each ward.
26    (l) (Blank).

 

 

09700SB3593sam002- 5 -LRB097 20172 JLS 67926 a

1(Source: P.A. 96-752, eff. 1-1-10.)".