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91_HB2703
LRB9105536DJcd
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 the ward's his children, but the ward's spouse may not
20 be 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 an such order for the visitation of the ward by the
31 person making the settlement or provision that as the court
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1 deems 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.
25 (c) Upon the direction of the court which issued his
26 letters a representative may perform the contracts of his
27 ward which were legally subsisting at the time of the
28 commencement of the guardianship. The court may authorize
29 the guardian to execute and deliver any bill of sale, deed or
30 other instrument.
31 (d) The representative of the estate of a ward shall
32 appear for and represent the ward in all legal proceedings
33 unless another person is appointed for that purpose as
34 representative or next friend. This does not impair the
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1 power of any court to appoint a representative or next friend
2 to defend the interests of the ward in that court, or to
3 appoint or allow any person as the next friend of a ward to
4 commence, prosecute or defend any proceeding in his behalf.
5 Any proceeding on behalf of a minor may be commenced and
6 prosecuted by his next friend, without any previous authority
7 or appointment by the court if the next friend enters bond
8 for costs and files it in the court where the proceeding is
9 pending. Without impairing the power of the court in any
10 respect, if the representative of the estate of a minor and
11 another person as next friend shall appear for and represent
12 the minor in a legal proceeding in which the compensation of
13 the attorney or attorneys representing the guardian and next
14 friend is solely determined under a contingent fee
15 arrangement, the guardian of the estate of the minor shall
16 not participate in or have any duty to review the prosecution
17 of the action, to participate in or review the
18 appropriateness of any settlement of the action, or to
19 participate in or review any determination of the
20 appropriateness of any fees awarded to the attorney or
21 attorneys employed in the prosecution of the action.
22 (e) Upon petition by any interested person (including
23 the standby or short-term guardian), with such notice to
24 interested persons as the court directs and a finding by the
25 court that it is in the best interest of the minor, the court
26 may terminate or limit the authority of a standby or
27 short-term guardian or may enter such other orders as the
28 court deems necessary to provide for the best interest of the
29 minor. The petition for termination or limitation of the
30 authority of a standby or short-term guardian may, but need
31 not, be combined with a petition to have a guardian appointed
32 for the minor.
33 (Source: P.A. 90-345, eff. 8-8-97.)