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(755 ILCS 5/28-3) (from Ch. 110 1/2, par. 28-3)
Sec. 28-3. Protection of persons under disability during independent
administration.) (a) A personal fiduciary acting pursuant to this Article
has full power and the responsibility to protect the interests of his ward
during independent administration and to do all acts necessary or appropriate
for that purpose which the ward might do if not under disability. Approval
of any act of the independent representative or of his final report by the
personal fiduciary, or failure of the personal fiduciary to object after
notice pursuant to this Article, binds the ward. Unless the ward is bound
under the preceding sentence, the independent representative is accountable
to the ward for damages incurred as a consequence of willful default by
the independent representative until the expiration of a period of 6 months
after the ward's disability is removed, and any action must be commenced
before the expiration of that period. Upon the entry of an order pursuant
to Section 28-4 terminating independent administration status, the personal
fiduciary's powers and responsibility for continuing to protect the ward's
interest terminate. The fact that a personal fiduciary is acting does not
limit the right of any person as next friend of the ward to inform the court
of any circumstances that may adversely affect the ward's interests in the estate.
(b) The following persons are entitled to act as personal fiduciary for
a ward in the order of preference indicated:
(1) The representative of the ward's estate acting in |
| Illinois or, if none, the representative of the ward's estate acting in any other jurisdiction.
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(2) The person designated as personal fiduciary in
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| the decedent's will, if any.
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(3) The person designated as personal fiduciary by
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| the independent representative in a petition for letters of office or other instrument filed with the clerk of the court.
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No person may act as personal fiduciary who is a minor or person with a disability,
who has been convicted of a felony or whose interests conflict
with the ward's interests in the decedent's estate.
A personal fiduciary designated under subparagraph (3) above shall be a spouse,
descendant, parent, grandparent, brother, sister, uncle or aunt of the ward,
a guardian of the person of the ward or a party having an interest in the
estate substantially identical to that of the ward. The responsibility
of a personal fiduciary begins on delivery of his written acceptance of
the office to the independent representative. Any personal fiduciary may
refuse to act or may resign at any time by instrument delivered to the
independent representative. When a personal fiduciary has been appointed
and there is a change of personal fiduciary or a vacancy in that office,
the independent representative shall inform the court; and the court may
designate any suitable person as personal fiduciary when there is a vacancy
that has not been filled by the independent representative in accordance
with this Section 28-3.
(c) A personal fiduciary is entitled to such reasonable compensation for
his services as may be approved by the independent representative or, in
the absence of approval, as may be fixed by the court, to be paid out of
the estate as an expense of administration.
(d) A personal fiduciary is liable to the ward only for willful default
and not for errors in judgment.
(Source: P.A. 99-143, eff. 7-27-15.)
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