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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
ESTATES (755 ILCS 5/) Probate Act of 1975. 755 ILCS 5/12-14
(755 ILCS 5/12-14) (from Ch. 110 1/2, par. 12-14)
Sec. 12-14.
Bond on appeal.) A bond of a representative
on appeal from the order or judgment of any court must be
in the form prescribed by law in other civil cases, except
that the bond of a representative of a decedent's estate
must be conditioned to pay the judgment with costs in due
course of administration and the bond of a representative of
a ward's estate must be conditioned to pay the judgment
with costs as he has funds therefor.
(Source: P.A. 79-328.)
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755 ILCS 5/12-15
(755 ILCS 5/12-15) (from Ch. 110 1/2, par. 12-15)
Sec. 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
principal.
A
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.)
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755 ILCS 5/Art. XIII
(755 ILCS 5/Art. XIII heading)
ARTICLE XIII
PUBLIC ADMINISTRATORS, GUARDIANS AND CONSERVATORS
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755 ILCS 5/13-1
(755 ILCS 5/13-1) (from Ch. 110 1/2, par. 13-1)
Sec. 13-1. Appointment and term of public administrator and public guardian.
(a) 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 designate, without the advice and consent of the Senate, the Office of State Guardian as an interim public guardian to fill a vacancy in one or more counties having a population of 500,000 or less if the designation: (1) is specifically designated as an interim | | appointment for a term of the lesser of one year or until the Governor appoints, with the advice and consent of the Senate, a county public guardian to fill the vacancy;
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| (2) requires the Office of State Guardian to affirm
| | its availability to act in the county; and
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| (3) expires in a pending case of a person with a
| | disability in the county at such a time as the court appoints a qualified successor guardian of the estate and person for the person with a disability.
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| When appointed as an interim public guardian, the State Guardian will perform the powers and duties assigned under the Guardianship and Advocacy Act.
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.
(b) Within 14 days of notification to the current public guardian of the appointment by the Governor of a new public guardian pursuant to this Section, the outgoing public guardian shall provide the incoming successor public guardian with a list of current guardianships. Within 60 days of receipt of the list of guardianships, the incoming public guardian may petition the court for a transfer of a guardianship to the incoming public guardian. The transfer of a guardianship of the person, estate, or both shall be made if it is in the best interests of the ward as determined by the court on a case-by-case basis.
Factors for the court to consider include, but are not limited to, the following:
(1) the ward's preference as to the transfer of the
| | (2) the recommendation of the guardian ad litem, the
| | ward's family members, and other interested parties;
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| (3) the length of time in which the outgoing public
| | guardian has served as guardian for the ward;
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| (4) the ward's relationship with the outgoing public
| | (5) the nature and extent of the ward's disabilities;
(6) the ward's current residential placement, his or
| | her current support network, and ongoing needs;
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| (7) the costs involved in the transfer of the ward's
| | (8) the status of pending legal matters or other
| | matters germane to the ward's care or the management of the ward's estate;
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| (9) the obligation to post bond and the cost thereof;
(10) the guardians' status with regard to
| | certification by the Center for Guardianship Certification; and
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| (11) other good causes.
If the court approves a transfer to the incoming public guardian, the outgoing public guardian shall file a final account of his or her activities on behalf of the ward within 30 days or within such other time that the court may allow. The outgoing public guardian may file a petition for final fees pursuant to subsection (b) of Section 13-3.1.
(Source: P.A. 102-72, eff. 1-1-22 .)
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755 ILCS 5/13-1.1
(755 ILCS 5/13-1.1) (from Ch. 110 1/2, par. 13-1.1)
Sec. 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.)
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755 ILCS 5/13-1.2 (755 ILCS 5/13-1.2) Sec. 13-1.2. Certification requirement. 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 information about certification requirements and procedures for testing and certification offered by 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. A public guardian shall additionally complete a one-hour course regarding Alzheimer's disease and dementia within 6 months of appointment and annually thereafter. The training program shall include, but not be limited to, the following topics: effective communication strategies; best practices for interacting with people with Alzheimer's disease and related forms of dementia; and strategies for supporting people living with Alzheimer's disease or related forms of dementia in exercising their rights.
(Source: P.A. 103-64, eff. 1-1-24 .) |
755 ILCS 5/13-2
(755 ILCS 5/13-2) (from Ch. 110 1/2, par. 13-2)
Sec. 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 persons with disabilities
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
vacancy.
(Source: P.A. 99-143, eff. 7-27-15.)
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755 ILCS 5/13-3
(755 ILCS 5/13-3) (from Ch. 110 1/2, par. 13-3)
Sec. 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,
assistants,
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
officers.
(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.)
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