Full Text of SB2894 97th General Assembly
SB2894sam003 97TH GENERAL ASSEMBLY | Sen. Ira I. Silverstein Filed: 4/23/2012
| | 09700SB2894sam003 | | LRB097 17188 JLS 68694 a |
|
| 1 | | AMENDMENT TO SENATE BILL 2894
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2894 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Guardianship and Advocacy Act is amended by | 5 | | changing Section 31 as follows:
| 6 | | (20 ILCS 3955/31) (from Ch. 91 1/2, par. 731)
| 7 | | Sec. 31. Availability of guardian; appointment of State | 8 | | Guardian. The State Guardian shall not be appointed if another | 9 | | suitable
person is available and willing to accept the | 10 | | guardianship appointment.
In all cases where a court appoints | 11 | | the State Guardian, the court shall
indicate in the order | 12 | | appointing the guardian as a finding of fact that no
other | 13 | | suitable and willing person could be found to accept the | 14 | | guardianship
appointment. On and after the effective date of
| 15 | | this amendatory Act of the 97th General Assembly, the court | 16 | | shall also indicate in the order, as a finding of fact, the |
| | | 09700SB2894sam003 | - 2 - | LRB097 17188 JLS 68694 a |
|
| 1 | | reasons that the State Guardian appointment, rather than the | 2 | | appointment of another interested party, is required. This | 3 | | requirement shall be waived where the Office of State
Guardian | 4 | | petitions for its own appointment as guardian.
| 5 | | (Source: P.A. 89-396, eff. 8-20-95.)
| 6 | | Section 10. The Clerks of Courts Act is amended by adding | 7 | | Section 27.3f as follows: | 8 | | (705 ILCS 105/27.3f new) | 9 | | Sec. 27.3f. Guardianship and advocacy operations fee. | 10 | | (a) As used in this Section, "guardianship and advocacy" | 11 | | means the guardianship and advocacy services provided by the | 12 | | Guardianship and Advocacy Commission and defined in the | 13 | | Guardianship and Advocacy Act. Viable public guardianship and | 14 | | advocacy programs, including the public guardianship programs | 15 | | created and supervised in probate proceedings in the Illinois | 16 | | courts, are essential to the administration of justice and | 17 | | ensure that incapacitated persons and their estates are | 18 | | protected. To defray the expense of maintaining and operating | 19 | | the divisions and programs of the Guardianship and Advocacy | 20 | | Commission and to support viable guardianship and advocacy | 21 | | programs throughout Illinois, each circuit court in a county | 22 | | with a population of 1,000,000 or more, or a county with a | 23 | | population greater than 650,000 but less than 1,000,000 that | 24 | | has, though duly authorized action, chosen not to accept |
| | | 09700SB2894sam003 | - 3 - | LRB097 17188 JLS 68694 a |
|
| 1 | | appointment of the Office of State Guardian as the Public | 2 | | Guardian under Section 13-1.3 of the Probate Act of 1975, shall | 3 | | charge and collect a fee on all matters filed in probate cases | 4 | | in accordance with this Section, but no fees shall be assessed | 5 | | against the State Guardian, any State agency under the | 6 | | jurisdiction of the Governor, any public guardian, or any | 7 | | State's Attorney. | 8 | | (b) No fees specified in this Section shall be imposed in | 9 | | any minor guardianship established under Article XI of the | 10 | | Probate Act of 1975 or against an indigent person. As used in | 11 | | this Section, "indigent person" includes any person who meets | 12 | | one or more of the following criteria: | 13 | | (1) He or she is receiving assistance under one or more | 14 | | of the following public benefits programs: Supplemental | 15 | | Security Income (SSI), Aid to the Aged, Blind and Disabled | 16 | | (AABD), Temporary Assistance for Needy Families (TANF), | 17 | | Supplemental Nutrition Assistance Program (SNAP), General | 18 | | Assistance, State Transitional Assistance, or State | 19 | | Children and Family Assistance. | 20 | | (2) His or her available income is 125% or less of the | 21 | | current poverty level as established by the United States | 22 | | Department of Health and Human Services, unless the | 23 | | applicant's assets that are not exempt under Part 9 or 10 | 24 | | of Article XII of the Code of Civil Procedure are of nature | 25 | | and value that the court determines that the applicant is | 26 | | able to pay the fees, costs, and charges. |
| | | 09700SB2894sam003 | - 4 - | LRB097 17188 JLS 68694 a |
|
| 1 | | (3) He or she is, in the discretion of the court, | 2 | | unable to proceed in an action without payment of fees, | 3 | | costs, and charges and his or her payment of those fees, | 4 | | costs, and charges would result in substantial hardship to | 5 | | the person or his or her family. | 6 | | (4) He or she is an indigent person pursuant to Section | 7 | | 5-105.5 of the Code of Civil Procedure providing that an | 8 | | "indigent person" means a person whose income is 125% or | 9 | | less of the current official federal poverty guidelines or | 10 | | who is otherwise eligible to receive civil legal services | 11 | | under the Legal Services Corporation Act of 1974. | 12 | | (c) The clerk is entitled to receive the fees specified in | 13 | | this Section, which shall be paid in advance, and managed by | 14 | | the clerk as set out in paragraph (4), except that, for good | 15 | | cause shown, the court may suspend, reduce, or release the | 16 | | costs payable under this Section: | 17 | | (1) For administration of the estate of a decedent | 18 | | (whether testate or intestate) or of a missing person, a | 19 | | fee of $50, plus the fees specified in paragraph (3), | 20 | | except: | 21 | | (A) When the value of the real and personal | 22 | | property of a decedent (whether testate or intestate) | 23 | | does not exceed $15,000, no fee shall be assessed. | 24 | | (B) When (i) proof of heirship alone is made, (ii) | 25 | | a domestic or foreign will is admitted to probate | 26 | | without administration (including proof of heirship), |
| | | 09700SB2894sam003 | - 5 - | LRB097 17188 JLS 68694 a |
|
| 1 | | or (iii) letters of office are issued for a particular | 2 | | purpose without administration of the estate, the fee | 3 | | shall be $40. | 4 | | (2) For administration of the estate of a ward that | 5 | | results in the appointment of the Office of State Guardian, | 6 | | the fee shall be $250 plus the fees specified in paragraph | 7 | | (3). | 8 | | (3) In addition to the fees payable under paragraph (1) | 9 | | or (2) of this subsection, the following fees are payable: | 10 | | (A) For each account (other than one final account) | 11 | | filed in the estate of a decedent or ward, the fee | 12 | | shall be $25. | 13 | | (B) For filing a claim in an estate when the amount | 14 | | claimed is $150 or more but less than $500, the fee | 15 | | shall be $100; when the amount claimed is $500 or more | 16 | | but less than $10,000, the fee shall be $115; when the | 17 | | amount claimed is $10,000 or more, the fee shall be | 18 | | $135; provided that the court in allowing a claim may | 19 | | add to the amount allowed the filing fee paid by the | 20 | | claimant. | 21 | | (C) For filing in an estate a claim, petition, or | 22 | | supplemental proceeding based upon an action seeking | 23 | | equitable relief including the construction or contest | 24 | | of a will, enforcement of a contract to make a will, | 25 | | and proceedings involving a testamentary trust or the | 26 | | appointment of a testamentary trustee, the fee shall be |
| | | 09700SB2894sam003 | - 6 - | LRB097 17188 JLS 68694 a |
|
| 1 | | $60. | 2 | | (D) For filing in an estate (i) the appearance of | 3 | | any person for the purpose of consent or (ii) the | 4 | | appearance of an executor, administrator, | 5 | | administrator to collect, guardian, guardian ad litem, | 6 | | or special administrator, no fee. | 7 | | (E) Except as provided in subparagraph (D) of this | 8 | | paragraph (3), for filing the appearance of any person | 9 | | or persons, the fee shall be $30. | 10 | | (F) For each jury demand, the fee shall be $180. | 11 | | (G) For disposition of the collection of a judgment | 12 | | or settlement of an action or claim for wrongful death | 13 | | of a decedent or of any cause of action of a ward, when | 14 | | there is no other administration of the estate, the fee | 15 | | shall be $50, less any amount paid under subparagraph | 16 | | (B) of paragraph (1) or subparagraph (B) of paragraph | 17 | | (3) except that if the amount involved does not exceed | 18 | | $5,000, the fee, including any amount paid under | 19 | | subparagraph (B) of paragraph (1) or subparagraph (B) | 20 | | of paragraph (3), shall be $20. | 21 | | (4) The guardianship and advocacy operations fees set | 22 | | forth in this Section shall be in addition to all other | 23 | | fees and charges and assessable as costs and shall not be | 24 | | subject to disbursement under Section 27.5 or 27.6 of this | 25 | | Act. Twenty percent of the fee shall be retained by the | 26 | | clerk to defray costs of collection and 80% of the fee |
| | | 09700SB2894sam003 | - 7 - | LRB097 17188 JLS 68694 a |
|
| 1 | | shall be disbursed within 60 days after receipt by the | 2 | | circuit clerk to the State Treasurer for deposit by the | 3 | | State Treasurer into the Guardianship and Advocacy Fund. | 4 | | Section 15. The Probate Act of 1975 is amended by changing | 5 | | Sections 11a-3, 11a-12, 11a-20, 13-1, and 13-5 and by adding | 6 | | Section 13-1.3 as follows:
| 7 | | (755 ILCS 5/11a-3) (from Ch. 110 1/2, par. 11a-3)
| 8 | | Sec. 11a-3. Adjudication of disability; Power to appoint | 9 | | guardian.
| 10 | | (a) Upon the filing of a petition by a reputable person or | 11 | | by the alleged
disabled person himself or on its own motion, | 12 | | the court may adjudge a person
to be a disabled person, but | 13 | | only if it has been demonstrated by clear and
convincing | 14 | | evidence that the person is a disabled person as defined in | 15 | | Section
11a-2. If the court adjudges a person to be a disabled | 16 | | person, the court may appoint (1) a guardian of his person, if | 17 | | it has been demonstrated
by clear and convincing evidence that | 18 | | because of his disability he lacks
sufficient understanding or | 19 | | capacity
to make or communicate responsible decisions | 20 | | concerning the care of his
person, or (2) a guardian of his | 21 | | estate, if it has been demonstrated by clear
and convincing | 22 | | evidence that because of his disability he
is unable to manage | 23 | | his estate
or financial affairs, or (3) a guardian of his | 24 | | person and of his estate.
|
| | | 09700SB2894sam003 | - 8 - | LRB097 17188 JLS 68694 a |
|
| 1 | | (b) Guardianship shall be utilized only as is necessary to | 2 | | promote
the well-being of the disabled person, to protect him | 3 | | from neglect,
exploitation, or abuse, and to encourage | 4 | | development of his maximum
self-reliance and independence. | 5 | | Guardianship shall be implemented in the least restrictive | 6 | | alternative, shall maximize the alleged disabled person's | 7 | | right to self-determination and autonomy, and shall be ordered | 8 | | only to
the extent necessitated by the individual's actual | 9 | | mental, physical and
adaptive limitations. In determining the | 10 | | least restrictive alternative, the court shall consider | 11 | | options that allow the ward to live, learn, and work in a | 12 | | setting that places as few limits as possible on the ward's | 13 | | rights and personal freedom as appropriate to meet the needs of | 14 | | the ward.
| 15 | | (Source: P.A. 93-435, eff. 1-1-04.)
| 16 | | (755 ILCS 5/11a-12) (from Ch. 110 1/2, par. 11a-12)
| 17 | | Sec. 11a-12.
Order of appointment.)
| 18 | | (a) If basis for the
appointment of a guardian as specified | 19 | | in Section 11a-3 is not found,
the court shall dismiss the | 20 | | petition.
| 21 | | (b) If the respondent is adjudged to be disabled and to | 22 | | lack some, but not all, of the be totally
without capacity as | 23 | | specified in Section 11a-3, and if the court finds that
limited | 24 | | guardianship is necessary for the protection of will not | 25 | | provide sufficient protection for the disabled
person, his or |
| | | 09700SB2894sam003 | - 9 - | LRB097 17188 JLS 68694 a |
|
| 1 | | her estate, or both, the court shall appoint a limited
plenary | 2 | | guardian of for the respondent's person or estate or both. The
| 3 | | court shall enter a written order stating
the factual basis for | 4 | | its findings and specifying the duties and powers of the | 5 | | guardian and the legal disabilities to which the respondent is | 6 | | subject .
| 7 | | (c) If the respondent is adjudged to be disabled and to be | 8 | | totally without lack some but
not all of the capacity as | 9 | | specified in Section 11a-3, and if the court finds
that limited | 10 | | guardianship will not provide sufficient is necessary for the | 11 | | protection for of the disabled person, his
or her estate, or | 12 | | both, the court shall
appoint a plenary limited guardian for of | 13 | | the respondent's person or estate or both.
The court shall | 14 | | enter a written order stating the factual basis
for its | 15 | | findings and specifying the duties and powers
of the guardian | 16 | | and the legal disabilities to which the respondent is
subject .
| 17 | | (d) The selection of the guardian shall be in the | 18 | | discretion
of the court, which shall give due consideration to | 19 | | the preference of the
disabled person as to a guardian, as well | 20 | | as the qualifications of the
proposed guardian, in making its | 21 | | appointment.
| 22 | | (Source: P.A. 89-396, eff. 8-20-95.)
| 23 | | (755 ILCS 5/11a-20) (from Ch. 110 1/2, par. 11a-20)
| 24 | | Sec. 11a-20. Termination of adjudication of disability - | 25 | | Revocation
of letters - modification.) |
| | | 09700SB2894sam003 | - 10 - | LRB097 17188 JLS 68694 a |
|
| 1 | | (a) Except as provided in subsection (c), upon Upon the | 2 | | filing of
a petition by or on behalf of a disabled person or on | 3 | | its own motion, the
court may terminate the adjudication of | 4 | | disability of the ward, revoke the
letters of guardianship of | 5 | | the estate or person, or both, or modify the duties
of the | 6 | | guardian if the ward's capacity to perform the tasks necessary | 7 | | for
the care of his person or the management of his estate has | 8 | | been
demonstrated by clear and convincing evidence. A report or | 9 | | testimony by a
licensed physician is not a prerequisite for | 10 | | termination, revocation or
modification of a guardianship | 11 | | order under this subsection .
| 12 | | (b) Except as provided in subsection (b-5), a A request by | 13 | | the ward or any other person on the ward's behalf,
under this | 14 | | Section may be communicated to the court or judge by any means,
| 15 | | including but not limited to informal letter, telephone call or | 16 | | visit. Upon
receipt of a request from the ward or another | 17 | | person, the court may
appoint a guardian ad litem to | 18 | | investigate and report to the court
concerning the allegations | 19 | | made in conjunction with said request, and if
the ward wishes | 20 | | to terminate, revoke, or modify the guardianship order, to
| 21 | | prepare the ward's petition and to render such other services | 22 | | as the court
directs.
| 23 | | (b-5) Upon the filing of a verified petition by the | 24 | | guardian of the disabled person or the disabled person, the | 25 | | court may terminate the adjudication of disability of the ward, | 26 | | revoke the letters of guardianship of the estate or person, or |
| | | 09700SB2894sam003 | - 11 - | LRB097 17188 JLS 68694 a |
|
| 1 | | both, or modify the duties of the guardian if: (1) a report | 2 | | completed in accordance with subsection (a) of Section 11a-9 | 3 | | states that the disabled person is no longer in need of | 4 | | guardianship or that the type and scope of guardianship should | 5 | | be modified; (2) the disabled person no longer wishes to be | 6 | | under guardianship or desires that the type and scope of | 7 | | guardianship be modified; and (3) the guardian of the disabled | 8 | | person states that it is in the best interest of the disabled | 9 | | person to terminate the adjudication of disability of the ward, | 10 | | revoke the letters of guardianship of the estate or person, or | 11 | | both, or modify the duties of the guardian and provides the | 12 | | basis thereof. In a petition brought pursuant to this | 13 | | subsection, the court may terminate the adjudication of | 14 | | disability of the ward, revoke the letters of guardianship of | 15 | | the estate or person, or both, or modify the duties of the | 16 | | guardian, unless it has been demonstrated by clear and | 17 | | convincing evidence that the ward is incapable of performing | 18 | | the tasks necessary for the care of his person or the | 19 | | management of his estate. | 20 | | (c) Notice of the hearing on a petition under this Section, | 21 | | together
with a copy of the petition, shall be given to the | 22 | | ward, unless he is the
petitioner, and to each and every | 23 | | guardian to whom letters of guardianship
have been issued and | 24 | | not revoked, not less than 14 days before the hearing.
| 25 | | (Source: P.A. 86-605.)
|
| | | 09700SB2894sam003 | - 12 - | LRB097 17188 JLS 68694 a |
|
| 1 | | (755 ILCS 5/13-1) (from Ch. 110 1/2, par. 13-1)
| 2 | | Sec. 13-1. Appointment and term of public administrator and | 3 | | public guardian.)
Except as provided in Sections Section 13-1.1 | 4 | | and 13-1.3 , before the first Monday of December,
1977 and every | 5 | | 4 years thereafter, and as often as vacancies occur, the
| 6 | | Governor, by and with the advice and consent of the Senate, | 7 | | shall
appoint in each county a suitable person to serve as | 8 | | public
administrator and a suitable person to serve as public | 9 | | guardian of the county.
The Governor may appoint the same | 10 | | person to serve as public guardian and public administrator in | 11 | | one or more counties. In considering the number of counties of | 12 | | service for any prospective public guardian or public | 13 | | administrator the Governor may consider the population of the | 14 | | county and the ability of the prospective public guardian or | 15 | | public administrator to travel to multiple counties and manage | 16 | | estates in multiple counties. Each person so appointed holds | 17 | | his office for
4 years from the first Monday of December, 1977 | 18 | | and every 4 years
thereafter or until his successor is | 19 | | appointed and qualified.
| 20 | | (Source: P.A. 96-752, eff. 1-1-10.)
| 21 | | (755 ILCS 5/13-1.3 new) | 22 | | Sec. 13-1.3. Transition to Office of State Guardian. | 23 | | (a) In counties having a population of 1,000,000 or less, | 24 | | the Governor may appoint the Office of State Guardian the | 25 | | Public Guardian in any county in which there is no currently |
| | | 09700SB2894sam003 | - 13 - | LRB097 17188 JLS 68694 a |
|
| 1 | | serving public guardian or in which the public guardian's term | 2 | | of office has expired. The State Guardian appointed as public | 3 | | guardian shall serve continuously and not be subject to 4-year | 4 | | terms of appointment. In cases in which the State Guardian | 5 | | serves as public guardian, the State Guardian shall assume only | 6 | | the duties described in Sections 30 and 32 of the Guardianship | 7 | | and Advocacy Act, the monitoring provisions under subsection | 8 | | (a) of Section 13-5 of this Act, and shall be otherwise subject | 9 | | to the provisions of the Guardianship and Advocacy Act and not | 10 | | this Article XIII. | 11 | | (b) In the case where the Governor determines he or she | 12 | | will exercise the discretion to appoint in this Section, 60 | 13 | | days notice shall be given to the chief executive officer of | 14 | | the county and the presiding judge of the circuit court in | 15 | | which the county is located. If, within 30 days after the | 16 | | giving of such notice, the presiding judge or county through | 17 | | duly authorized action advises that it will not accept such | 18 | | appointment, then thereafter the Office of State Guardian will | 19 | | be unavailable for appointment in such county and for each case | 20 | | that the State Guardian retains, the county shall pay a | 21 | | percentage of costs of continued representation by the State | 22 | | Guardian in accordance with the fees schedule from time to time | 23 | | established through rulemaking and published by the Joint | 24 | | Committee on Administrative Rules for a county or counties of | 25 | | similar population. | 26 | | (c) Any organizational entity petitioning for guardianship |
| | | 09700SB2894sam003 | - 14 - | LRB097 17188 JLS 68694 a |
|
| 1 | | of a ward that results in appointment of Office of State | 2 | | Guardian shall pay a fee of $500 in addition to all other fees | 3 | | owing by statute or rule if that entity is located in a county | 4 | | that does not pay probate fees enumerated in Section 27.3f of | 5 | | the Clerk of Courts Act.
| 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 | 8 | | may appoint
the public guardian as the guardian of any disabled | 9 | | adult who is in need
of a public guardian and whose estate | 10 | | exceeds $25,000 in counties having a population of 1,000,000 or | 11 | | greater, or $100,000 in counties with a population of 650,000 | 12 | | or greater but less than 1,000,000; and $75,000 in counties | 13 | | having a population of 650,000 or less . When a disabled adult
| 14 | | who has a smaller estate is in need of guardianship services, | 15 | | the court
shall appoint the State guardian pursuant to Section | 16 | | 30 of the Guardianship
and Advocacy Act.
If the public guardian | 17 | | is appointed guardian of a disabled adult and the
estate of the | 18 | | disabled adult is thereafter reduced to less than $25,000 , in | 19 | | counties having a population of 1,000,000 or more, or less than | 20 | | $100,000, in counties having a population of 650,000 or more | 21 | | but less than 1,000,000, the public guardian shall continue to | 22 | | serve as guardian for as long as the guardianship continues. In | 23 | | all other counties , the
court may, upon the petition of the | 24 | | public guardian and the approval by the
court of a final | 25 | | accounting of the disabled adult's estate, discharge the
public |
| | | 09700SB2894sam003 | - 15 - | LRB097 17188 JLS 68694 a |
|
| 1 | | guardian and transfer the guardianship to the State guardian. | 2 | | The
public guardian shall serve not less than 14 days' notice | 3 | | to the State guardian
of the hearing date regarding the | 4 | | transfer.
When appointed by the court, the public guardian has | 5 | | the
same powers and duties as other guardians appointed under | 6 | | this Act, with
the following additions and modifications:
| 7 | | (a) The public guardian shall monitor the ward and his care | 8 | | and progress
on a continuous basis. Monitoring shall at minimum | 9 | | consist of monthly
contact with the ward, and the receipt of | 10 | | periodic reports from all
individuals and agencies, public or | 11 | | private, providing care or related
services to the ward.
| 12 | | (b) Placement of a ward outside of the ward's home may be | 13 | | made only after
the public guardian or his representative has | 14 | | visited the facility in which
placement is proposed.
| 15 | | (c) The public guardian shall prepare an inventory of the | 16 | | ward's belongings
and assets and shall maintain insurance on | 17 | | all of the ward's real and personal
property. No personal | 18 | | property shall be removed from the ward's possession
except for | 19 | | storage pending final placement or for liquidation in | 20 | | accordance
with this Act.
| 21 | | (d) The public guardian shall make no substantial | 22 | | distribution of the
ward's estate without a court order.
| 23 | | (e) The public guardian may liquidate assets of the ward to | 24 | | pay for the
costs of the ward's care and for storage of the | 25 | | ward's personal property
only after notice of such pending | 26 | | action is given to all potential heirs
at law, unless notice is |
| | | 09700SB2894sam003 | - 16 - | LRB097 17188 JLS 68694 a |
|
| 1 | | waived by the court; provided, however, that a
person who has | 2 | | been so notified may elect to pay for care or storage or
to pay | 3 | | fair market value of the asset or assets sought to be sold in | 4 | | lieu
of liquidation.
| 5 | | (f) Real property of the ward may be sold at fair market | 6 | | value after an
appraisal of the property has been made by a | 7 | | licensed appraiser; provided,
however, that the ward's | 8 | | residence may be sold only if the court finds that
the ward is | 9 | | not likely to be able to return home at a future date.
| 10 | | (g) The public guardian shall, at such intervals as the | 11 | | court may direct,
submit to the court an affidavit setting | 12 | | forth in detail the services he
has provided for the benefit of | 13 | | the ward.
| 14 | | (h) Upon the death of the ward, the public guardian shall | 15 | | turn over to
the court-appointed administrator all of the | 16 | | ward's assets and an account
of his receipt and administration | 17 | | of the ward's property. A guardian ad
litem shall be appointed | 18 | | for an accounting when the estate exceeds the amount
set in | 19 | | Section 25-1 of this Act for administration of small estates.
| 20 | | (i)(1) On petition of any person who appears to have an | 21 | | interest in
the estate, the court by temporary order may | 22 | | restrain the public guardian
from performing specified acts of | 23 | | administration, disbursement or distribution,
or from exercise | 24 | | of any powers or discharge of any duties of his office,
or make | 25 | | any other order to secure proper performance of his duty, if it
| 26 | | appears to the court that the public guardian might otherwise |
| | | 09700SB2894sam003 | - 17 - | LRB097 17188 JLS 68694 a |
|
| 1 | | take some
action contrary to the best interests of the ward. | 2 | | Persons with whom the
public guardian may transact business may | 3 | | be made parties.
| 4 | | (2) The matter shall be set for hearing within 10 days | 5 | | unless the parties
otherwise agree or unless for good cause | 6 | | shown the court determines that
additional time is required. | 7 | | Notice as the court directs shall be given
to the public | 8 | | guardian and his attorney of record, if any, and to any other
| 9 | | parties named defendant in the petition.
| 10 | | (j) (Blank) On petition of the public guardian, the court | 11 | | in its discretion may
for good cause shown transfer | 12 | | guardianship to the State guardian .
| 13 | | (k) No later than January 31 of each year, the public | 14 | | guardian shall file
an annual report with the clerk of the | 15 | | Circuit Court, indicating, with respect
to the period covered | 16 | | by the report, the number of cases which he has handled,
the | 17 | | date on which each case was assigned, the date of termination | 18 | | of each
case which has been closed during the period, the | 19 | | disposition of each
terminated case, and the total amount of | 20 | | fees collected during the period
from each ward.
| 21 | | (l) (Blank).
| 22 | | (Source: P.A. 96-752, eff. 1-1-10.)".
|
|