Full Text of SB3593 97th General Assembly
SB3593enr 97TH GENERAL ASSEMBLY |
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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 13-5 as follows:
| 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. When a disabled adult
who has a smaller estate | 11 | | is in need of guardianship services, the court
shall appoint | 12 | | the State guardian pursuant to Section 30 of the Guardianship
| 13 | | and Advocacy Act.
If the public guardian is appointed guardian | 14 | | of a disabled adult and the
estate of the disabled adult is | 15 | | thereafter reduced to less than $25,000, the
court may, upon | 16 | | the petition of the public guardian and the approval by the
| 17 | | court of a final accounting of the disabled adult's estate, | 18 | | discharge the
public guardian and transfer the guardianship to | 19 | | the State guardian. The
public guardian shall serve not less | 20 | | than 14 days' notice to the State guardian
of the hearing date | 21 | | regarding the transfer.
When appointed by the court, the public | 22 | | guardian has the
same powers and duties as other guardians | 23 | | appointed under this Act, with
the following additions and |
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| 1 | | modifications:
| 2 | | (a) The public guardian shall monitor the ward and his care | 3 | | and progress
on a continuous basis. Monitoring shall at minimum | 4 | | consist of monthly
contact with the ward, and the receipt of | 5 | | periodic reports from all
individuals and agencies, public or | 6 | | private, providing care or related
services to the ward.
| 7 | | (b) Placement of a ward outside of the ward's home may be | 8 | | made only after
the public guardian or his representative has | 9 | | visited the facility in which
placement is proposed.
| 10 | | (c) The public guardian shall prepare an inventory of the | 11 | | ward's belongings
and assets and shall maintain insurance on | 12 | | all of the ward's real and personal
property , unless the court | 13 | | determines, and issues an order finding, that (1) the real or | 14 | | personal property lacks sufficient equity, (2) the estate lacks | 15 | | sufficient funds to pay for insurance, or (3) the property is | 16 | | otherwise uninsurable . No personal property shall be removed | 17 | | from the ward's possession
except for storage pending final | 18 | | placement or for liquidation in accordance
with this Act.
| 19 | | (d) The public guardian shall make no substantial | 20 | | distribution of the
ward's estate without a court order.
| 21 | | (e) The public guardian may liquidate assets of the ward to | 22 | | pay for the
costs of the ward's care and for storage of the | 23 | | ward's personal property
only after notice of such pending | 24 | | action is given to all potential heirs
at law, unless notice is | 25 | | waived by the court; provided, however, that a
person who has | 26 | | been so notified may elect to pay for care or storage or
to pay |
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| 1 | | fair market value of the asset or assets sought to be sold in | 2 | | lieu
of liquidation.
| 3 | | (f) Real property of the ward may be sold at fair market | 4 | | value after an
appraisal of the property has been made by a | 5 | | licensed appraiser; provided,
however, that the ward's | 6 | | residence may be sold only if the court finds that
the ward is | 7 | | not likely to be able to return home at a future date.
| 8 | | (g) The public guardian shall, at such intervals as the | 9 | | court may direct,
submit to the court an affidavit setting | 10 | | forth in detail the services he
has provided for the benefit of | 11 | | the ward.
| 12 | | (h) Upon the death of the ward, the public guardian shall | 13 | | turn over to
the court-appointed administrator all of the | 14 | | ward's assets and an account
of his receipt and administration | 15 | | of the ward's property. A guardian ad
litem shall be appointed | 16 | | for an accounting when the estate exceeds the amount
set in | 17 | | Section 25-1 of this Act for administration of small estates.
| 18 | | (i)(1) On petition of any person who appears to have an | 19 | | interest in
the estate, the court by temporary order may | 20 | | restrain the public guardian
from performing specified acts of | 21 | | administration, disbursement or distribution,
or from exercise | 22 | | of any powers or discharge of any duties of his office,
or make | 23 | | any other order to secure proper performance of his duty, if it
| 24 | | appears to the court that the public guardian might otherwise | 25 | | take some
action contrary to the best interests of the ward. | 26 | | Persons with whom the
public guardian may transact business may |
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| 1 | | be made parties.
| 2 | | (2) The matter shall be set for hearing within 10 days | 3 | | unless the parties
otherwise agree or unless for good cause | 4 | | shown the court determines that
additional time is required. | 5 | | Notice as the court directs shall be given
to the public | 6 | | guardian and his attorney of record, if any, and to any other
| 7 | | parties named defendant in the petition.
| 8 | | (j) On petition of the public guardian, the court in its | 9 | | discretion may
for good cause shown transfer guardianship to | 10 | | the State guardian.
| 11 | | (k) No later than January 31 of each year, the public | 12 | | guardian shall file
an annual report with the clerk of the | 13 | | Circuit Court, indicating, with respect
to the period covered | 14 | | by the report, the number of cases which he has handled,
the | 15 | | date on which each case was assigned, the date of termination | 16 | | of each
case which has been closed during the period, the | 17 | | disposition of each
terminated case, and the total amount of | 18 | | fees collected during the period
from each ward.
| 19 | | (l) (Blank).
| 20 | | (Source: P.A. 96-752, eff. 1-1-10.)
| 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law. |
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