Full Text of SB0786 99th General Assembly
SB0786 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 SB0786 Introduced 2/5/2015, by Sen. Mattie Hunter SYNOPSIS AS INTRODUCED: |
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755 ILCS 5/11-13 | from Ch. 110 1/2, par. 11-13 |
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Amends the Probate Act of 1975. Provides that a guardianship order for a minor that incorporates language governing removal of the minor from the State encompasses only those removals which take place within one year of the order, and must include a provision for the guardian to provide notice to the parents of the date of removal and the residential address of the minor after removal. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Probate Act of 1975 is amended by changing | 5 | | Section 11-13 as follows:
| 6 | | (755 ILCS 5/11-13) (from Ch. 110 1/2, par. 11-13)
| 7 | | Sec. 11-13. Duties of guardian of a minor. Before a | 8 | | guardian of a
minor may act, the guardian shall be appointed by | 9 | | the court of the proper
county and, in the case of a guardian | 10 | | of the minor's estate, the guardian shall
give the bond | 11 | | prescribed in Section 12-2. Except as provided in Section
| 12 | | 11-13.1 and Section 11-13.2 with respect to the standby or | 13 | | short-term guardian
of the person of a minor, the court shall | 14 | | have control over the person and
estate of the ward. Under the | 15 | | direction of the court:
| 16 | | (a) The guardian of the person shall have the custody, | 17 | | nurture and tuition
and shall provide education of the ward and | 18 | | of his children, but the ward's
spouse may not be deprived of | 19 | | the custody and education of the spouse's
children, without | 20 | | consent of the spouse, unless the court finds that the
spouse | 21 | | is not a fit and competent person to have such custody and | 22 | | education.
If the ward's estate is insufficient to provide for | 23 | | the ward's education
and the guardian of his person fails to |
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| 1 | | provide education, the court may
award the custody of the ward | 2 | | to some other person for the purpose of providing
education. If | 3 | | a person makes a settlement upon or provision for the support
| 4 | | or education of a ward and if either parent of the ward is | 5 | | dead, the court
may make such order for the visitation of the | 6 | | ward by the person making
the settlement or provision as the | 7 | | court deems proper. The guardian of the minor shall inform the | 8 | | court of the minor's current address by certified mail, hand | 9 | | delivery, or other method in accordance with court rules within | 10 | | 30 days of any change of residence.
| 11 | | (b) The guardian or other representative of the ward's | 12 | | estate shall have
the care, management and investment of the | 13 | | estate, shall manage the estate
frugally and shall apply the | 14 | | income and principal of the estate so far as
necessary for the | 15 | | comfort and suitable support and education of the ward,
his | 16 | | children, and persons related by blood or marriage who are | 17 | | dependent
upon or entitled to support from him, or for any | 18 | | other purpose which the
court deems to be for the best | 19 | | interests of the ward, and the court may
approve the making on | 20 | | behalf of the ward of such agreements as the court
determines | 21 | | to be for the ward's best interests. The representative may
| 22 | | make disbursement of his ward's funds and estate directly to | 23 | | the ward or
other distributee or in such other manner and in | 24 | | such amounts as the court
directs. If the estate of a ward is | 25 | | derived in whole or in part from payments
of compensation, | 26 | | adjusted compensation, pension, insurance or other similar
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| 1 | | benefits made directly to the estate by the Veterans | 2 | | Administration, notice of
the application for leave to invest | 3 | | or expend the ward's funds or estate,
together with a copy of | 4 | | the petition and proposed order, shall be given to the
| 5 | | Veterans' Administration Regional Office in this State at least | 6 | | 7 days before
the hearing on the application.
The court, upon | 7 | | petition of a guardian of the estate of a minor,
may permit the
| 8 | | guardian to make a will or create a revocable or irrevocable | 9 | | trust for the
minor that the court considers appropriate in | 10 | | light of changes in applicable
tax
laws that allow for | 11 | | minimization of State or federal income, estate, or
inheritance | 12 | | taxes; however, the will or trust
must make distributions only | 13 | | to the persons who would be entitled to
distributions if the | 14 | | minor were to die intestate and the will or trust must
make | 15 | | distributions to those persons in the same amounts to which | 16 | | they
would be entitled if the minor were to die intestate.
| 17 | | (c) Upon the direction of the court which issued his | 18 | | letters a
representative may perform the contracts of his ward | 19 | | which were legally
subsisting at the time of the commencement | 20 | | of the guardianship. The court may
authorize the guardian to | 21 | | execute and deliver any bill of sale, deed or other
instrument.
| 22 | | (d) The representative of the estate of a ward shall appear | 23 | | for and
represent the ward in all legal proceedings unless | 24 | | another person is appointed
for that purpose as representative | 25 | | or next friend. This does not impair the
power of any court to | 26 | | appoint a representative or next friend to defend the
interests |
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| 1 | | of the ward in that court, or to appoint or allow any person as | 2 | | the
next friend of a ward to commence, prosecute or defend any | 3 | | proceeding in his
behalf. Any proceeding on behalf of a minor | 4 | | may be commenced and prosecuted by
his next friend, without any | 5 | | previous authority or appointment by the court if
the next | 6 | | friend enters bond for costs and files it in the court where | 7 | | the
proceeding is pending.
Without impairing the power of the | 8 | | court in any respect, if the
representative of the estate of a | 9 | | minor and another person as next friend shall
appear for and | 10 | | represent the minor in a legal proceeding in which the
| 11 | | compensation of the attorney or attorneys representing the | 12 | | guardian and next
friend is solely determined under a | 13 | | contingent fee arrangement, the guardian of
the estate of the | 14 | | minor shall not participate in or have any duty to review the
| 15 | | prosecution of the action, to participate in or review the | 16 | | appropriateness of
any settlement of the action, or to | 17 | | participate in or review any determination
of the
| 18 | | appropriateness of any fees awarded to the attorney or | 19 | | attorneys employed in
the prosecution of the action.
| 20 | | (e) Upon petition by any interested person (including the | 21 | | standby or
short-term guardian), with such notice to interested | 22 | | persons as the court
directs and a finding by the court that it | 23 | | is in the best interest of the
minor, the court may terminate | 24 | | or limit the authority of a standby or
short-term guardian or | 25 | | may enter such other orders as the court deems
necessary to | 26 | | provide for the best interest of the minor. The petition for
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| 1 | | termination or limitation of the authority of a standby or | 2 | | short-term guardian
may, but need not, be combined with a | 3 | | petition to have a guardian appointed for
the minor.
| 4 | | (f) The court may grant leave to the guardian of a minor | 5 | | child or children to remove such child or children from | 6 | | Illinois whenever such approval is in the best interests of | 7 | | such child or children. The guardian may not remove a minor | 8 | | from Illinois except as permitted under this Section and must | 9 | | seek leave of the court prior to removing a child for 30 days | 10 | | or more. The burden of proving that such removal is in the best | 11 | | interests of such child or children is on the guardian. When | 12 | | such removal is permitted, the court may require the guardian | 13 | | removing such child or children from Illinois to give | 14 | | reasonable security guaranteeing the return of such children. | 15 | | The court shall consider the wishes of the minor's parent | 16 | | or parents and the effect of removal on visitation and the | 17 | | wishes of the minor if he or she is 14 years of age or older. | 18 | | The court may not consider the availability of electronic | 19 | | communication as a factor in support of the removal of a child | 20 | | by the guardian from Illinois. The guardianship order may | 21 | | incorporate language governing removal of the minor from the | 22 | | State within one year of the order, but must include a | 23 | | provision for the guardian to provide notice to the parents of | 24 | | the date of removal and the residential address of the minor | 25 | | after removal . | 26 | | Before a minor child is temporarily removed from Illinois |
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| 1 | | for more than 48 hours but less than 30 days, the guardian | 2 | | shall inform the parent or parents of the address and telephone | 3 | | number where the child may be reached during the period of | 4 | | temporary removal and the date on which the child shall return | 5 | | to Illinois. The State of Illinois retains jurisdiction when | 6 | | the minor child is absent from the State pursuant to this | 7 | | subsection. The guardianship order may incorporate language | 8 | | governing out-of-state travel with the minor. | 9 | | (Source: P.A. 98-1082, eff. 1-1-15 .)
| 10 | | Section 99. Effective date. This Act takes effect upon | 11 | | becoming law.
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