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Public Act 099-0207
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| SB0786 Enrolled | LRB099 06793 HEP 26867 b |
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Probate Act of 1975 is amended by changing |
Sections 11-10.1 and 11-13 as follows:
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(755 ILCS 5/11-10.1) (from Ch. 110 1/2, par. 11-10.1)
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Sec. 11-10.1.
Procedure for appointment of a standby |
guardian or a guardian
of a minor.
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(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.
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(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.
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(Source: P.A. 98-1082, eff. 1-1-15.)
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(755 ILCS 5/11-13) (from Ch. 110 1/2, par. 11-13)
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Sec. 11-13. Duties of guardian of a minor. Before a |
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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
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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:
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(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
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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.
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(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
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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
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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
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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
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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 |
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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.
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(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.
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(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
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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
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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
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appropriateness of any fees awarded to the attorney or |
attorneys employed in
the prosecution of the action.
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(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
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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.
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(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 |
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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 |