Illinois General Assembly - Full Text of Public Act 099-0207
Illinois General Assembly

Previous General Assemblies

Public Act 099-0207





Public Act 099-0207
SB0786 EnrolledLRB099 06793 HEP 26867 b

    AN ACT concerning civil law.
    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
Sections 11-10.1 and 11-13 as follows:
    (755 ILCS 5/11-10.1)  (from Ch. 110 1/2, par. 11-10.1)
    Sec. 11-10.1. Procedure for appointment of a standby
guardian or a guardian of a minor.
    (a) Unless excused by the court for good cause shown, it is
the duty of the petitioner to give notice of the time and place
of the hearing on the petition, in person or by mail, to the
minor, if the minor is 14 years, or older, and to the relatives
and the short-term guardian of the minor whose names and
addresses are stated in the petition, not less than 7 3 days
before the hearing, but failure to give notice to any relative
is not jurisdictional.
    (b) In any proceeding for the appointment of a standby
guardian or a guardian the court may appoint a guardian ad
litem to represent the minor in the proceeding.
(Source: P.A. 98-1082, eff. 1-1-15.)
    (755 ILCS 5/11-13)  (from Ch. 110 1/2, par. 11-13)
    Sec. 11-13. Duties of guardian of a minor. Before a
guardian of a minor may act, the guardian shall be appointed by
the court of the proper county and, in the case of a guardian
of the minor's estate, the guardian shall give the bond
prescribed in Section 12-2. Except as provided in Section
11-13.1 and Section 11-13.2 with respect to the standby or
short-term guardian of the person of a minor, the court shall
have control over the person and estate of the ward. Under the
direction of the court:
    (a) The guardian of the person shall have the custody,
nurture and tuition and shall provide education of the ward and
of his children, but the ward's spouse may not be deprived of
the custody and education of the spouse's children, without
consent of the spouse, unless the court finds that the spouse
is not a fit and competent person to have such custody and
education. If the ward's estate is insufficient to provide for
the ward's education and the guardian of his person fails to
provide education, the court may award the custody of the ward
to some other person for the purpose of providing education. If
a person makes a settlement upon or provision for the support
or education of a ward and if either parent of the ward is
dead, the court may make such order for the visitation of the
ward by the person making the settlement or provision as the
court deems proper. The guardian of the minor shall inform the
court of the minor's current address by certified mail, hand
delivery, or other method in accordance with court rules within
30 days of any change of residence.
    (b) The guardian or other representative of the ward's
estate shall have the care, management and investment of the
estate, shall manage the estate frugally and shall apply the
income and principal of the estate so far as necessary for the
comfort and suitable support and education of the ward, his
children, and persons related by blood or marriage who are
dependent upon or entitled to support from him, or for any
other purpose which the court deems to be for the best
interests of the ward, and the court may approve the making on
behalf of the ward of such agreements as the court determines
to be for the ward's best interests. The representative may
make disbursement of his ward's funds and estate directly to
the ward or other distributee or in such other manner and in
such amounts as the court directs. If the estate of a ward is
derived in whole or in part from payments of compensation,
adjusted compensation, pension, insurance or other similar
benefits made directly to the estate by the Veterans
Administration, notice of the application for leave to invest
or expend the ward's funds or estate, together with a copy of
the petition and proposed order, shall be given to the
Veterans' Administration Regional Office in this State at least
7 days before the hearing on the application. The court, upon
petition of a guardian of the estate of a minor, may permit the
guardian to make a will or create a revocable or irrevocable
trust for the minor that the court considers appropriate in
light of changes in applicable tax laws that allow for
minimization of State or federal income, estate, or inheritance
taxes; however, the will or trust must make distributions only
to the persons who would be entitled to distributions if the
minor were to die intestate and the will or trust must make
distributions to those persons in the same amounts to which
they would be entitled if the minor were to die intestate.
    (c) Upon the direction of the court which issued his
letters a representative may perform the contracts of his ward
which were legally subsisting at the time of the commencement
of the guardianship. The court may authorize the guardian to
execute and deliver any bill of sale, deed or other instrument.
    (d) The representative of the estate of a ward shall appear
for and represent the ward in all legal proceedings unless
another person is appointed for that purpose as representative
or next friend. This does not impair the power of any court to
appoint a representative or next friend to defend the interests
of the ward in that court, or to appoint or allow any person as
the next friend of a ward to commence, prosecute or defend any
proceeding in his behalf. Any proceeding on behalf of a minor
may be commenced and prosecuted by his next friend, without any
previous authority or appointment by the court if the next
friend enters bond for costs and files it in the court where
the proceeding is pending. Without impairing the power of the
court in any respect, if the representative of the estate of a
minor and another person as next friend shall appear for and
represent the minor in a legal proceeding in which the
compensation of the attorney or attorneys representing the
guardian and next friend is solely determined under a
contingent fee arrangement, the guardian of the estate of the
minor shall not participate in or have any duty to review the
prosecution of the action, to participate in or review the
appropriateness of any settlement of the action, or to
participate in or review any determination of the
appropriateness of any fees awarded to the attorney or
attorneys employed in the prosecution of the action.
    (e) Upon petition by any interested person (including the
standby or short-term guardian), with such notice to interested
persons as the court directs and a finding by the court that it
is in the best interest of the minor, the court may terminate
or limit the authority of a standby or short-term guardian or
may enter such other orders as the court deems necessary to
provide for the best interest of the minor. The petition for
termination or limitation of the authority of a standby or
short-term guardian may, but need not, be combined with a
petition to have a guardian appointed for the minor.
    (f) The court may grant leave to the guardian of a minor
child or children to remove such child or children from
Illinois whenever such approval is in the best interests of
such child or children. The guardian may not remove a minor
from Illinois except as permitted under this Section and must
seek leave of the court prior to removing a child for 30 days
or more. The burden of proving that such removal is in the best
interests of such child or children is on the guardian. When
such removal is permitted, the court may require the guardian
removing such child or children from Illinois to give
reasonable security guaranteeing the return of such children.
    The court shall consider the wishes of the minor's parent
or parents and the effect of removal on visitation and the
wishes of the minor if he or she is 14 years of age or older.
The court may not consider the availability of electronic
communication as a factor in support of the removal of a child
by the guardian from Illinois. The guardianship order may
incorporate language governing removal of the minor from the
State. Any order for removal, including one incorporated into
the guardianship order, must include the date of the removal,
the reason for removal, and the proposed residential and
mailing address of the minor after removal. A copy of the order
must be provided to any parent whose location is known, within
3 days of entry, either by personal delivery or by certified
mail, return receipt requested.
    Before a minor child is temporarily removed from Illinois
for more than 48 hours but less than 30 days, the guardian
shall inform the parent or parents of the address and telephone
number where the child may be reached during the period of
temporary removal and the date on which the child shall return
to Illinois. The State of Illinois retains jurisdiction when
the minor child is absent from the State pursuant to this
subsection. The guardianship order may incorporate language
governing out-of-state travel with the minor.
(Source: P.A. 98-1082, eff. 1-1-15.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/30/2015