Illinois Compiled Statutes
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755 ILCS 5/11-13
(755 ILCS 5/11-13)
(from Ch. 110 1/2, par. 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.
(a-5) The guardian of estate, or the guardian of the person if a guardian of the estate has not been appointed, may, without an order of court, open, maintain, and transfer funds to an ABLE account on behalf of the ward to provide for the ward as specified under Section 16.6 of the State Treasurer Act.
(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
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
(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
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
(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. 101-329, eff. 8-9-19.)