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90_HB2367sam001
SRS90HB2367JJcham01
1 AMENDMENT TO HOUSE BILL 2367
2 AMENDMENT NO. . Amend House Bill 2367 by replacing
3 the title with the following:
4 "AN ACT concerning probate, amending named Acts."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 2. The Clerks of Courts Act is amended by
8 changing Sections 27.1, 27.1a, 27.2, and 27.2a as follows:
9 (705 ILCS 105/27.1) (from Ch. 25, par. 27.1)
10 Sec. 27.1. The fees of the Clerk of the Circuit Court in
11 all counties having a population of 180,000 inhabitants or
12 less shall be paid in advance, except as otherwise provided,
13 and shall be as follows:
14 (a) Civil Cases
15 (1) All civil cases except as otherwise
16 provided........................................... $40
17 (2) Judicial Sales (except Probate).......... $40
18 (b) Family
19 (1) Commitment petitions under the Mental
20 Health and Developmental Disabilities Code, filing
21 transcript of commitment proceedings held in
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1 another county, and cases under the Juvenile Court
2 Act of 1987........................................ $25
3 (2) Petition for Marriage Licenses........... $10
4 (3) Marriages in Court....................... $10
5 (4) Paternity................................ $40
6 (c) Criminal and Quasi-Criminal
7 (1) Each person convicted of a felony........ $40
8 (2) Each person convicted of a misdemeanor,
9 leaving scene of an accident, driving while
10 intoxicated, reckless driving or drag racing,
11 driving when license revoked or suspended,
12 overweight, or no interstate commerce certificate,
13 or when the disposition is court supervision....... $25
14 (3) Each person convicted of a business
15 offense............................................ $25
16 (4) Each person convicted of a petty offense. $25
17 (5) Minor traffic, conservation, or
18 ordinance violation, including
19 without limitation when the disposition is
20 court supervision:
21 (i) For each offense.................... $10
22 (ii) For each notice sent to the
23 defendant's last known address pursuant to
24 subsection (c) of Section 6-306.4 of the Illinois
25 Vehicle Code....................................... $2
26 (iii) For each notice sent to the
27 Secretary of State pursuant to subsection (c) of
28 Section 6-306.4 of the Illinois Vehicle Code....... $2
29 (6) When Court Appearance required........... $15
30 (7) Motions to vacate or amend final orders.. $10
31 (8) In ordinance violation cases punishable
32 by fine only, the clerk of the circuit court shall
33 be entitled to receive, unless the fee is excused
34 upon a finding by the court that the defendant is
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1 indigent, in addition to other fees or costs
2 allowed or imposed by law, the sum of $50 as a fee
3 for the services of a jury. The jury fee shall be
4 paid by the defendant at the time of filing his or
5 her jury demand. If the fee is not so paid by the
6 defendant, no jury shall be called, and the case
7 shall be tried by the court without a jury.
8 (d) Other Civil Cases
9 (1) Money or personal property claimed does
10 not exceed $500.................................... $10
11 (2) Exceeds $500 but not more than $10,000... $25
12 (3) Exceeds $10,000, when relief in addition
13 to or supplemental to recovery of money alone is
14 sought in an action to recover personal property
15 taxes or retailers occupational tax regardless of
16 amount claimed..................................... $45
17 (4) The Clerk of the Circuit Court shall be
18 entitled to receive, in addition to other fees
19 allowed by law, the sum of $50, as a fee for the
20 services of a jury in every civil action not
21 quasi-criminal in its nature and not a proceeding
22 for the exercise of the right of eminent domain,
23 and in every equitable action wherein the right of
24 trial by jury is or may be given by law. The jury
25 fee shall be paid by the party demanding a jury at
26 the time of filing his jury demand. If such a fee
27 is not paid by either party, no jury shall be
28 called in the action, suit, or proceeding, and the
29 same shall be tried by the court without a jury.
30 (e) Confession of judgment and answer
31 (1) When the amount does not exceed $1,000... $20
32 (2) Exceeds $1,000........................... $40
33 (f) Auxiliary Proceedings
34 Any auxiliary proceeding relating to the
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1 collection of a money judgment, including
2 garnishment, citation, or wage deduction action.... $5
3 (g) Forcible entry and detainer
4 (1) For possession only or possession and
5 rent not in excess of $10,000...................... $10
6 (2) For possession and rent in excess of
7 $10,000............................................ $40
8 (h) Eminent Domain
9 (1) Exercise of Eminent Domain............... $45
10 (2) For each and every lot or tract of land
11 or right or interest therein subject to be
12 condemned, the damages in respect to which shall
13 require separate assessments by a jury............. $45
14 (i) Reinstatement
15 Each case including petition for modification
16 of a judgment or order of Court if filed later than
17 30 days after the entry of a judgment or order,
18 except in forcible entry and detainer cases and
19 small claims and except a petition to modify,
20 terminate, or enforce a judgement or order for
21 child or spousal support or to modify, suspend, or
22 terminate an order for withholding, petition to
23 vacate judgment of dismissal for want of
24 prosecution whenever filed, petition to reopen an
25 estate, or redocketing of any cause................ $20
26 (j) Probate
27 (1) Administration of decedent's estates,
28 whether testate or intestate, guardianships of the
29 person or estate or both of a person under legal
30 disability, guardianships of the person or estate
31 or both of a minor or minors, or petitions to sell
32 real estate in the administration of any estate.... $50
33 (2) Small estates in cases where the real and
34 personal property of an estate does not exceed
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1 $5,000............................................. $25
2 (3) At any time during the administration of
3 the estate, however, at the request of the Clerk,
4 the Court shall examine the record of the estate
5 and the personal representative to determine the
6 total value of the real and personal property of
7 the estate, and if such value exceeds $5,000 shall
8 order the payment of an additional fee in the
9 amount of.......................................... $40
10 (4) Inheritance tax proceedings.............. $15
11 (5) Issuing letters only for a certain
12 specific reason other than the administration of an
13 estate, including but not limited to the release of
14 mortgage; the issue of letters of guardianship in
15 order that consent to marriage may be granted or
16 for some other specific reason other than for the
17 care of property or person; proof of heirship
18 without administration; or when a will is to be
19 admitted to probate, but the estate is to be
20 settled without administration..................... $10
21 (6) When a separate complaint relating to any
22 matter other than a routine claim is filed in an
23 estate, the required additional fee shall be
24 charged for such filing............................ $45
25 (k) Change of Venue
26 From a court, the charge is the same amount as
27 the original filing fee; however, the fee for
28 preparation and certification of record on change
29 of venue, when original documents or copies are
30 forwarded.......................................... $10
31 (l) Answer, adverse pleading, or appearance
32 In civil cases.......... $15
33 With the following exceptions:
34 (1) When the amount does not exceed $500..... $5
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1 (2) When amount exceeds $500 but not $10,000. $10
2 (3) When amount exceeds $10,000.............. $15
3 (4) Court appeals when documents are
4 forwarded, over 200 pages, additional fee per page
5 over 200........................................... 10¢
6 (m) Tax objection complaints
7 For each tax objection complaint containing
8 one or more tax objections, regardless of the
9 number of parcels involved or the number of
10 taxpayers joining the complaint.................... $10
11 (n) Tax deed
12 (1) Petition for tax deed, if only one parcel
13 is involved........................................ $45
14 (2) For each additional parcel involved, an
15 additional fee of.................................. $10
16 (o) Mailing Notices and Processes
17 (1) All notices that the clerk is required to
18 mail as first class mail........................... $2
19 (2) For all processes or notices the Clerk is
20 required to mail by certified or registered mail,
21 the fee will be $2 plus cost of postage.
22 (p) Certification or Authentication
23 (1) Each certification or authentication for
24 taking the acknowledgement of a deed or other
25 instrument in writing with seal of office.......... $2
26 (2) Court appeals when original documents are
27 forwarded, 100 pages or under, plus delivery costs. $25
28 (3) Court appeals when original documents are
29 forwarded, over 100 pages, plus delivery costs..... $60
30 (4) Court appeals when original documents are
31 forwarded, over 200 pages, additional fee per page
32 over 200........................................... 10¢
33 (q) Reproductions
34 Each record of proceedings and judgment,
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1 whether on appeal, change of venue, certified
2 copies of orders and judgments, and all other
3 instruments, documents, records, or papers:
4 (1) First page.......................... $1
5 (2) Next 19 pages, per page............. 50¢
6 (3) All remaining pages, per page....... 25¢
7 (r) Counterclaim
8 When any defendant files a counterclaim as
9 part of his or her answer or otherwise, or joins
10 another party as a third party defendant, or both,
11 he or she shall pay a fee for each such
12 counterclaim or third party action in an amount
13 equal to the fee he or she would have had to pay
14 had he or she brought a separate action for the
15 relief sought in the counterclaim or against the
16 third party defendant, less the amount of the
17 appearance fee, if that has been paid.
18 (s) Transcript of Judgment
19 From a court, the same fee as if case
20 originally filed.
21 (t) Publications
22 The cost of publication shall be paid directly
23 to the publisher by the person seeking the
24 publication, whether the clerk is required by law
25 to publish, or the parties to the action.
26 (u) Collections
27 (1) For all collections made for others,
28 except the State and County and except in
29 maintenance or child support cases, a sum equal to
30 2% of the amount collected and turned over.
31 (2) In any cases remanded to the Circuit
32 Court from the Supreme Court or the Appellate
33 Court, the Clerk shall file the remanding order and
34 reinstate the case with either its original number
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1 or a new number. The Clerk shall not charge any
2 new or additional fee for the reinstatement. Upon
3 reinstatement the Clerk shall advise the parties of
4 the reinstatement. A party shall have the same
5 right to a jury trial on remand and reinstatement
6 as he or she had before the appeal, and no
7 additional or new fee or charge shall be made for a
8 jury trial after remand.
9 (3) In maintenance and child support matters,
10 the Clerk may deduct from each payment an amount
11 equal to the United States postage to be used in
12 mailing the maintenance or child support check to
13 the recipient. In such cases, the Clerk shall
14 collect an annual fee of up to $36 from the person
15 making such payment for administering the
16 collection and distribution of maintenance and
17 child support payments. Such sum shall be in
18 addition to and separate from amounts ordered to be
19 paid as maintenance or child support and shall be
20 deposited in a separate Maintenance and Child
21 Support Collection Fund of which the Clerk shall be
22 the custodian, ex officio, to be used by the Clerk
23 to further maintenance and child support collection
24 efforts in his office. Unless paid in cash or
25 pursuant to an order for withholding, the payment
26 of the fee shall be by a separate instrument from
27 the support payment and shall be made to the order
28 of the Clerk. The Clerk may recover from the person
29 making the maintenance or child support payment any
30 additional cost incurred in the collection of this
31 annual fee.
32 The Clerk shall also be entitled to a fee of
33 $5 for certifications made to the Secretary of
34 State as provided in Section 7-703 of the Family
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1 Financial Responsibility Law and these fees shall
2 also be deposited into the Separate Maintenance and
3 Child Support Collection Fund.
4 (v) Correction of Cases
5 For correcting the case number or case title
6 on any document filed in his office, to be charged
7 against the party that filed the document.......... $10
8 (w) Record Search
9 For searching a record, per year searched..... $4
10 (x) Printed Output
11 For each page of hard copy print output, when
12 case records are maintained on an automated medium. $2
13 (y) Alias Summons
14 For each alias summons issued................. $2
15 (z) Expungement of Records
16 For each expungement petition filed........... $15
17 (aa) Other Fees
18 Any fees not covered by this Section shall be set by
19 rule or administrative order of the Circuit Court, with
20 the approval of the Supreme Court.
21 (bb) Exemptions
22 No fee provided for herein shall be charged to any
23 unit of State or local government or school district
24 unless the Court orders another party to pay such fee on
25 its behalf. The fee requirements of this Section shall
26 not apply to police departments or other law enforcement
27 agencies. In this Section, "law enforcement agency"
28 means an agency of the State or a unit of local
29 government that is vested by law or ordinance with the
30 duty to maintain public order and to enforce criminal
31 laws and ordinances. The fee requirements of this Section
32 shall not apply to any action instituted under subsection
33 (b) of Section 11-31-1 of the Illinois Municipal Code by
34 a private owner or tenant of real property within 1200
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1 feet of a dangerous or unsafe building seeking an order
2 compelling the owner or owners of the building to take
3 any of the actions authorized under that subsection.
4 (cc) Adoptions
5 (1) For an adoption.............................$65
6 (2) Upon good cause shown, the court may waive the
7 adoption filing fee in a special needs adoption. The
8 term "special needs adoption" shall have the meaning
9 ascribed to it by the Illinois Department of Children and
10 Family Services.
11 (dd) Adoption exemptions
12 No fee other than that set forth in subsection (cc)
13 shall be charged to any person in connection with an
14 adoption proceeding.
15 (ee) Additional Services
16 Beginning July 1, 1993, the clerk of the circuit
17 court may provide such additional services for which
18 there is no fee specified by statute in connection with
19 the operation of the clerk's office as may be requested
20 by the public and agreed to by the public and by the
21 clerk. Any charges for additional services shall be as
22 agreed to between the clerk and the party making the
23 request. Nothing in this subsection shall be as agreed
24 to between the clerk and the party making the request.
25 Nothing in this subsection shall be construed to require
26 any clerk to provide any service not otherwise required
27 by law.
28 (Source: P.A. 89-92, eff. 7-1-96; 89-593, eff. 8-1-96;
29 90-466, eff. 8-17-97.)
30 (705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a)
31 Sec. 27.1a. The fees of the clerks of the circuit court
32 in all counties having a population in excess of 180,000 but
33 not more than 650,000 inhabitants in the instances described
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1 in this Section shall be as provided in this Section. The
2 fees shall be paid in advance and shall be as follows:
3 (a) Civil Cases.
4 The fee for filing a complaint, petition, or other
5 pleading initiating a civil action, with the following
6 exceptions, shall be $150.
7 (A) When the amount of money or damages or the
8 value of personal property claimed does not exceed
9 $250, $10.
10 (B) When that amount exceeds $250 but does not
11 exceed $500, $20.
12 (C) When that amount exceeds $500 but does not
13 exceed $2500, $30.
14 (D) When that amount exceeds $2500 but does
15 not exceed $15,000, $75.
16 (E) For the exercise of eminent domain, $150.
17 For each additional lot or tract of land or right or
18 interest therein subject to be condemned, the
19 damages in respect to which shall require separate
20 assessment by a jury, $150.
21 (a-1) Family.
22 For filing a petition under the Juvenile Court Act
23 of 1987, $25.
24 For filing a petition for a marriage license, $10.
25 For performing a marriage in court, $10.
26 For filing a petition under the Illinois Parentage
27 Act of 1984, $40.
28 (b) Forcible Entry and Detainer.
29 In each forcible entry and detainer case when the
30 plaintiff seeks possession only or unites with his or her
31 claim for possession of the property a claim for rent or
32 damages or both in the amount of $15,000 or less, $40.
33 When the plaintiff unites his or her claim for possession
34 with a claim for rent or damages or both exceeding
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1 $15,000, $150.
2 (c) Counterclaim or Joining Third Party Defendant.
3 When any defendant files a counterclaim as part of
4 his or her answer or otherwise or joins another party as
5 a third party defendant, or both, the defendant shall pay
6 a fee for each counterclaim or third party action in an
7 amount equal to the fee he or she would have had to pay
8 had he or she brought a separate action for the relief
9 sought in the counterclaim or against the third party
10 defendant, less the amount of the appearance fee, if that
11 has been paid.
12 (d) Confession of Judgment.
13 In a confession of judgment when the amount does not
14 exceed $1500, $50. When the amount exceeds $1500, but
15 does not exceed $15,000, $115. When the amount exceeds
16 $15,000, $200.
17 (e) Appearance.
18 The fee for filing an appearance in each civil case
19 shall be $50, except as follows:
20 (A) When the plaintiff in a forcible entry and
21 detainer case seeks possession only, $20.
22 (B) When the amount in the case does not
23 exceed $1500, $20.
24 (C) When that amount exceeds $1500 but does
25 not exceed $15,000, $40.
26 (f) Garnishment, Wage Deduction, and Citation.
27 In garnishment affidavit, wage deduction affidavit,
28 and citation petition when the amount does not exceed
29 $1,000, $10; when the amount exceeds $1,000 but does not
30 exceed $5,000, $20; and when the amount exceeds $5,000,
31 $30.
32 (g) Petition to Vacate or Modify.
33 (1) Petition to vacate or modify any final judgment
34 or order of court, except in forcible entry and detainer
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1 cases and small claims cases or a petition to reopen an
2 estate, to modify, terminate, or enforce a judgment or
3 order for child or spousal support, or to modify,
4 suspend, or terminate an order for withholding, if filed
5 before 30 days after the entry of the judgment or order,
6 $40.
7 (2) Petition to vacate or modify any final judgment
8 or order of court, except a petition to modify,
9 terminate, or enforce a judgment or order for child or
10 spousal support or to modify, suspend, or terminate an
11 order for withholding, if filed later than 30 days after
12 the entry of the judgment or order, $60.
13 (3) Petition to vacate order of bond forfeiture,
14 $20.
15 (h) Mailing.
16 When the clerk is required to mail, the fee will be
17 $6, plus the cost of postage.
18 (i) Certified Copies.
19 Each certified copy of a judgment after the first,
20 except in small claims and forcible entry and detainer
21 cases, $10.
22 (j) Habeas Corpus.
23 For filing a petition for relief by habeas corpus,
24 $80.
25 (k) Certification, Authentication, and Reproduction.
26 (1) Each certification or authentication for taking
27 the acknowledgment of a deed or other instrument in
28 writing with the seal of office, $4.
29 (2) Court appeals when original documents are
30 forwarded, under 100 pages, plus delivery and costs, $50.
31 (3) Court appeals when original documents are
32 forwarded, over 100 pages, plus delivery and costs, $120.
33 (4) Court appeals when original documents are
34 forwarded, over 200 pages, an additional fee of 20 cents
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1 per page.
2 (5) For reproduction of any document contained in
3 the clerk's files:
4 (A) First page, $2.
5 (B) Next 19 pages, 50 cents per page.
6 (C) All remaining pages, 25 cents per page.
7 (l) Remands.
8 In any cases remanded to the Circuit Court from the
9 Supreme Court or the Appellate Court for a new trial, the
10 clerk shall file the remanding order and reinstate the
11 case with either its original number or a new number. The
12 Clerk shall not charge any new or additional fee for the
13 reinstatement. Upon reinstatement the Clerk shall advise
14 the parties of the reinstatement. A party shall have the
15 same right to a jury trial on remand and reinstatement as
16 he or she had before the appeal, and no additional or new
17 fee or charge shall be made for a jury trial after
18 remand.
19 (m) Record Search.
20 For each record search, within a division or
21 municipal district, the clerk shall be entitled to a
22 search fee of $4 for each year searched.
23 (n) Hard Copy.
24 For each page of hard copy print output, when case
25 records are maintained on an automated medium, the clerk
26 shall be entitled to a fee of $4.
27 (o) Index Inquiry and Other Records.
28 No fee shall be charged for a single
29 plaintiff/defendant index inquiry or single case record
30 inquiry when this request is made in person and the
31 records are maintained in a current automated medium, and
32 when no hard copy print output is requested. The fees to
33 be charged for management records, multiple case records,
34 and multiple journal records may be specified by the
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1 Chief Judge pursuant to the guidelines for access and
2 dissemination of information approved by the Supreme
3 Court.
4 (p) Commitment Petitions.
5 For filing commitment petitions under the Mental
6 Health and Developmental Disabilities Code and for filing
7 a transcript of commitment proceedings held in another
8 county, $25.
9 (q) Alias Summons.
10 For each alias summons or citation issued by the
11 clerk, $4.
12 (r) Other Fees.
13 Any fees not covered in this Section shall be set by
14 rule or administrative order of the Circuit Court with
15 the approval of the Administrative Office of the Illinois
16 Courts.
17 The clerk of the circuit court may provide
18 additional services for which there is no fee specified
19 by statute in connection with the operation of the
20 clerk's office as may be requested by the public and
21 agreed to by the clerk and approved by the chief judge of
22 the circuit court. Any charges for additional services
23 shall be as agreed to between the clerk and the party
24 making the request and approved by the chief judge of the
25 circuit court. Nothing in this subsection shall be
26 construed to require any clerk to provide any service not
27 otherwise required by law.
28 (s) Jury Services.
29 The clerk shall be entitled to receive, in addition
30 to other fees allowed by law, the sum of $180, as a fee
31 for the services of a jury in every civil action not
32 quasi-criminal in its nature and not a proceeding for the
33 exercise of the right of eminent domain and in every
34 other action wherein the right of trial by jury is or may
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1 be given by law. The jury fee shall be paid by the party
2 demanding a jury at the time of filing the jury demand.
3 If the fee is not paid by either party, no jury shall be
4 called in the action or proceeding, and the same shall be
5 tried by the court without a jury.
6 (t) Voluntary Assignment.
7 For filing each deed of voluntary assignment, $10;
8 for recording the same, 25¢ for each 100 words.
9 Exceptions filed to claims presented to an assignee of a
10 debtor who has made a voluntary assignment for the
11 benefit of creditors shall be considered and treated, for
12 the purpose of taxing costs therein, as actions in which
13 the party or parties filing the exceptions shall be
14 considered as party or parties plaintiff, and the
15 claimant or claimants as party or parties defendant, and
16 those parties respectively shall pay to the clerk the
17 same fees as provided by this Section to be paid in other
18 actions.
19 (u) Expungement Petition.
20 The clerk shall be entitled to receive a fee of $30
21 for each expungement petition filed and an additional fee
22 of $2 for each certified copy of an order to expunge
23 arrest records.
24 (v) Probate.
25 The clerk is entitled to receive the fees specified in
26 this subsection (v), which shall be paid in advance, except
27 that, for good cause shown, the court may suspend, reduce, or
28 release the costs payable under this subsection:
29 (1) For administration of the estate of a decedent
30 (whether testate or intestate) or of a missing person,
31 $100, plus the fees specified in subsection (v)(3),
32 except:
33 (A) When the value of the real and personal
34 property does not exceed $15,000, the fee shall be
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1 $25.
2 (B) When (i) proof of heirship alone is made,
3 (ii) a domestic or foreign will is admitted to
4 probate without administration (including proof of
5 heirship), or (iii) letters of office are issued for
6 a particular purpose without administration of the
7 estate, the fee shall be $25.
8 (2) For administration of the estate of a ward,
9 $50, plus the fees specified in subsection (v)(3),
10 except:
11 (A) When the value of the real and personal
12 property does not exceed $15,000, the fee shall be
13 $25.
14 (B) When (i) letters of office are issued to a
15 guardian of the person or persons, but not of the
16 estate or (ii) letters of office are issued in the
17 estate of a ward without administration of the
18 estate, including filing or joining in the filing of
19 a tax return or releasing a mortgage or consenting
20 to the marriage of the ward, the fee shall be $10.
21 (3) In addition to the fees payable under
22 subsection (v)(1) or (v)(2) of this Section, the
23 following fees are payable:
24 (A) For each account (other than one final
25 account) filed in the estate of a decedent, or ward,
26 $15.
27 (B) For filing a claim in an estate when the
28 amount claimed is $150 or more but less than $500,
29 $10; when the amount claimed is $500 or more but
30 less than $10,000, $25; when the amount claimed is
31 $10,000 or more, $40; provided that the court in
32 allowing a claim may add to the amount allowed the
33 filing fee paid by the claimant.
34 (C) For filing in an estate a claim, petition,
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1 or supplemental proceeding based upon an action
2 seeking equitable relief including the construction
3 or contest of a will, enforcement of a contract to
4 make a will, and proceedings involving testamentary
5 trusts or the appointment of testamentary trustees,
6 $40.
7 (D) For filing in an estate (i) the appearance
8 of any person for the purpose of consent or (ii) the
9 appearance of an executor, administrator,
10 administrator to collect, guardian, guardian ad
11 litem, or special administrator, no fee.
12 (E) Except as provided in subsection
13 (v)(3)(D), for filing the appearance of any person
14 or persons, $10.
15 (F) For each jury demand, $90.
16 (G) For disposition of the collection of a
17 judgment or settlement of an action or claim for
18 wrongful death of a decedent or of any cause of
19 action of a ward, when there is no other
20 administration of the estate, $30, less any amount
21 paid under subsection (v)(1)(B) or (v)(2)(B) except
22 that if the amount involved does not exceed $5,000,
23 the fee, including any amount paid under subsection
24 (v)(1)(B) or (v)(2)(B), shall be $10.
25 (H) For each certified copy of letters of
26 office, of court order or other certification, $1,
27 plus 50¢ per page in excess of 3 pages for the
28 document certified.
29 (I) For each exemplification, $1, plus the fee
30 for certification.
31 (4) The executor, administrator, guardian,
32 petitioner, or other interested person or his or her
33 attorney shall pay the cost of publication by the clerk
34 directly to the newspaper.
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1 (5) The person on whose behalf a charge is incurred
2 for witness, court reporter, appraiser, or other
3 miscellaneous fee shall pay the same directly to the
4 person entitled thereto.
5 (6) The executor, administrator, guardian,
6 petitioner, or other interested person or his or her
7 attorney shall pay to the clerk all postage charges
8 incurred by the clerk in mailing petitions, orders,
9 notices, or other documents pursuant to the provisions of
10 the Probate Act of 1975.
11 (w) Criminal and Quasi-Criminal Costs and Fees.
12 (1) The clerk shall be entitled to costs in all
13 criminal and quasi-criminal cases from each person
14 convicted or sentenced to supervision therein as follows:
15 (A) Felony complaints, $80.
16 (B) Misdemeanor complaints, $50.
17 (C) Business offense complaints, $50.
18 (D) Petty offense complaints, $50.
19 (E) Minor traffic or ordinance violations,
20 $20.
21 (F) When court appearance required, $30.
22 (G) Motions to vacate or amend final orders,
23 $20.
24 (H) Motions to vacate bond forfeiture orders,
25 $20.
26 (I) Motions to vacate ex parte judgments,
27 whenever filed, $20.
28 (J) Motions to vacate judgment on forfeitures,
29 whenever filed, $20.
30 (K) Motions to vacate "failure to appear" or
31 "failure to comply" notices sent to the Secretary of
32 State, $20.
33 (2) In counties having a population in excess of
34 180,000 but not more than 650,000 inhabitants, when the
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1 violation complaint is issued by a municipal police
2 department, the clerk shall be entitled to costs from
3 each person convicted therein as follows:
4 (A) Minor traffic or ordinance violations,
5 $10.
6 (B) When court appearance required, $15.
7 (3) In ordinance violation cases punishable by fine
8 only, the clerk of the circuit court shall be entitled to
9 receive, unless the fee is excused upon a finding by the
10 court that the defendant is indigent, in addition to
11 other fees or costs allowed or imposed by law, the sum of
12 $50 as a fee for the services of a jury. The jury fee
13 shall be paid by the defendant at the time of filing his
14 or her jury demand. If the fee is not so paid by the
15 defendant, no jury shall be called, and the case shall be
16 tried by the court without a jury.
17 (x) Transcripts of Judgment.
18 For the filing of a transcript of judgment, the
19 clerk shall be entitled to the same fee as if it were the
20 commencement of a new suit.
21 (y) Change of Venue.
22 (1) For the filing of a change of case on a change
23 of venue, the clerk shall be entitled to the same fee as
24 if it were the commencement of a new suit.
25 (2) The fee for the preparation and certification
26 of a record on a change of venue to another jurisdiction,
27 when original documents are forwarded, $25.
28 (z) Tax objection complaints.
29 For each tax objection complaint containing one or
30 more tax objections, regardless of the number of parcels
31 involved or the number of taxpayers joining on the
32 complaint, $25.
33 (aa) Tax Deeds.
34 (1) Petition for tax deed, if only one parcel is
-21- SRS90HB2367JJcham01
1 involved, $150.
2 (2) For each additional parcel, add a fee of $50.
3 (bb) Collections.
4 (1) For all collections made of others, except the
5 State and county and except in maintenance or child
6 support cases, a sum equal to 2.5% of the amount
7 collected and turned over.
8 (2) Interest earned on any funds held by the clerk
9 shall be turned over to the county general fund as an
10 earning of the office.
11 (3) For any check, draft, or other bank instrument
12 returned to the clerk for non-sufficient funds, account
13 closed, or payment stopped, $25.
14 (4) In child support and maintenance cases, the
15 clerk, if authorized by an ordinance of the county board,
16 may collect an annual fee of up to $36 from the person
17 making payment for administering the collection and
18 distribution of maintenance and child support payments.
19 This fee shall be in addition to and separate from
20 amounts ordered to be paid as maintenance or child
21 support and shall be deposited into a Separate
22 Maintenance and Child Support Collection Fund, of which
23 the clerk shall be the custodian, ex-officio, to be used
24 by the clerk to further maintenance and child supports in
25 his or her office. The clerk may recover from the person
26 making the maintenance or child support payment any
27 additional cost incurred in the collection of this annual
28 fee.
29 The clerk shall also be entitled to a fee of $5 for
30 certifications made to the Secretary of State as provided
31 in Section 7-703 of the Family Financial Responsibility
32 Law and these fees shall also be deposited into the
33 Separate Maintenance and Child Support Collection Fund.
34 (cc) Corrections of Numbers.
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1 For correction of the case number, case title, or
2 attorney computer identification number, if required by
3 rule of court, on any document filed in the clerk's
4 office, to be charged against the party that filed the
5 document, $15.
6 (dd) Exceptions.
7 (1) The fee requirements of this Section shall not
8 apply to police departments or other law enforcement
9 agencies. In this Section, "law enforcement agency"
10 means an agency of the State or a unit of local
11 government which is vested by law or ordinance with the
12 duty to maintain public order and to enforce criminal
13 laws or ordinances. "Law enforcement agency" also means
14 the Attorney General or any state's attorney.
15 (2) No fee provided herein shall be charged to any
16 unit of local government or school district.
17 (3) The fee requirements of this Section shall not
18 apply to any action instituted under subsection (b) of
19 Section 11-31-1 of the Illinois Municipal Code by a
20 private owner or tenant of real property within 1200 feet
21 of a dangerous or unsafe building seeking an order
22 compelling the owner or owners of the building to take
23 any of the actions authorized under that subsection.
24 (ee) Adoptions.
25 (1) For an adoption.............................$65
26 (2) Upon good cause shown, the court may waive the
27 adoption filing fee in a special needs adoption. The
28 term "special needs adoption" shall have the meaning
29 ascribed to it by the Illinois Department of Children and
30 Family Services.
31 (ff) Adoption exemptions.
32 No fee other than that set forth in subsection (ee)
33 shall be charged to any person in connection with an
34 adoption proceeding.
-23- SRS90HB2367JJcham01
1 (Source: P.A. 89-92, eff. 7-1-96; 89-593, eff. 8-1-96;
2 90-466, eff. 8-17-97.)
3 (705 ILCS 105/27.2) (from Ch. 25, par. 27.2)
4 Sec. 27.2. The fees of the clerks of the circuit court
5 in all counties having a population in excess of 650,000
6 inhabitants but less than 3,000,000 inhabitants in the
7 instances described in this Section shall be as provided in
8 this Section. In addition, the fees provided in this Section
9 shall apply to all units of local government and school
10 districts in counties with more than 3,000,000 inhabitants.
11 The fees shall be paid in advance and shall be as follows:
12 (a) Civil Cases.
13 The fee for filing a complaint, petition, or other
14 pleading initiating a civil action, with the following
15 exceptions, shall be $150.
16 (A) When the amount of money or damages or the
17 value of personal property claimed does not exceed
18 $250, $10.
19 (B) When that amount exceeds $250 but does not
20 exceed $500, $20.
21 (C) When that amount exceeds $500 but does not
22 exceed $2500, $30.
23 (D) When that amount exceeds $2500 but does
24 not exceed $15,000, $75.
25 (E) For the exercise of eminent domain, $150.
26 For each additional lot or tract of land or right or
27 interest therein subject to be condemned, the
28 damages in respect to which shall require separate
29 assessment by a jury, $150.
30 (b) Forcible Entry and Detainer.
31 In each forcible entry and detainer case when the
32 plaintiff seeks possession only or unites with his or her
33 claim for possession of the property a claim for rent or
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1 damages or both in the amount of $15,000 or less, $40.
2 When the plaintiff unites his or her claim for possession
3 with a claim for rent or damages or both exceeding
4 $15,000, $150.
5 (c) Counterclaim or Joining Third Party Defendant.
6 When any defendant files a counterclaim as part of
7 his or her answer or otherwise or joins another party as
8 a third party defendant, or both, the defendant shall pay
9 a fee for each counterclaim or third party action in an
10 amount equal to the fee he or she would have had to pay
11 had he or she brought a separate action for the relief
12 sought in the counterclaim or against the third party
13 defendant, less the amount of the appearance fee, if that
14 has been paid.
15 (d) Confession of Judgment.
16 In a confession of judgment when the amount does not
17 exceed $1500, $50. When the amount exceeds $1500, but
18 does not exceed $15,000, $115. When the amount exceeds
19 $15,000, $200.
20 (e) Appearance.
21 The fee for filing an appearance in each civil case
22 shall be $50, except as follows:
23 (A) When the plaintiff in a forcible entry and
24 detainer case seeks possession only; $20.
25 (B) When the amount in the case does not
26 exceed $1500, $20.
27 (C) When that amount exceeds $1500 but does
28 not exceed $15,000, $40.
29 (f) Garnishment, Wage Deduction, and Citation.
30 In garnishment affidavit, wage deduction affidavit,
31 and citation petition when the amount does not exceed
32 $1,000, $10; when the amount exceeds $1,000 but does not
33 exceed $5,000, $20; and when the amount exceeds $5,000,
34 $30.
-25- SRS90HB2367JJcham01
1 (g) Petition to Vacate or Modify.
2 (1) Petition to vacate or modify any final judgment
3 or order of court, except in forcible entry and detainer
4 cases and small claims cases or a petition to reopen an
5 estate, to modify, terminate, or enforce a judgment or
6 order for child or spousal support, or to modify,
7 suspend, or terminate an order for withholding, if filed
8 before 30 days after the entry of the judgment or order,
9 $40.
10 (2) Petition to vacate or modify any final judgment
11 or order of court, except a petition to modify,
12 terminate, or enforce a judgment or order for child or
13 spousal support or to modify, suspend, or terminate an
14 order for withholding, if filed later than 30 days after
15 the entry of the judgment or order, $60.
16 (3) Petition to vacate order of bond forfeiture,
17 $20.
18 (h) Mailing.
19 When the clerk is required to mail, the fee will be
20 $6, plus the cost of postage.
21 (i) Certified Copies.
22 Each certified copy of a judgment after the first,
23 except in small claims and forcible entry and detainer
24 cases, $10.
25 (j) Habeas Corpus.
26 For filing a petition for relief by habeas corpus,
27 $80.
28 (k) Certification, Authentication, and Reproduction.
29 (1) Each certification or authentication for taking
30 the acknowledgment of a deed or other instrument in
31 writing with the seal of office, $4.
32 (2) Court appeals when original documents are
33 forwarded, under 100 pages, plus delivery and costs, $50.
34 (3) Court appeals when original documents are
-26- SRS90HB2367JJcham01
1 forwarded, over 100 pages, plus delivery and costs, $120.
2 (4) Court appeals when original documents are
3 forwarded, over 200 pages, an additional fee of 20 cents
4 per page.
5 (5) For reproduction of any document contained in
6 the clerk's files:
7 (A) First page, $2.
8 (B) Next 19 pages, 50 cents per page.
9 (C) All remaining pages, 25 cents per page.
10 (l) Remands.
11 In any cases remanded to the Circuit Court from the
12 Supreme Court or the Appellate Court for a new trial, the
13 clerk shall file the remanding order and reinstate the
14 case with either its original number or a new number.
15 The Clerk shall not charge any new or additional fee for
16 the reinstatement. Upon reinstatement the Clerk shall
17 advise the parties of the reinstatement. A party shall
18 have the same right to a jury trial on remand and
19 reinstatement as he or she had before the appeal, and no
20 additional or new fee or charge shall be made for a jury
21 trial after remand.
22 (m) Record Search.
23 For each record search, within a division or
24 municipal district, the clerk shall be entitled to a
25 search fee of $4 for each year searched.
26 (n) Hard Copy.
27 For each page of hard copy print output, when case
28 records are maintained on an automated medium, the clerk
29 shall be entitled to a fee of $4.
30 (o) Index Inquiry and Other Records.
31 No fee shall be charged for a single
32 plaintiff/defendant index inquiry or single case record
33 inquiry when this request is made in person and the
34 records are maintained in a current automated medium, and
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1 when no hard copy print output is requested. The fees to
2 be charged for management records, multiple case records,
3 and multiple journal records may be specified by the
4 Chief Judge pursuant to the guidelines for access and
5 dissemination of information approved by the Supreme
6 Court.
7 (p) Commitment Petitions.
8 For filing commitment petitions under the Mental
9 Health and Developmental Disabilities Code, $25.
10 (q) Alias Summons.
11 For each alias summons or citation issued by the
12 clerk, $4.
13 (r) Other Fees.
14 Any fees not covered in this Section shall be set by
15 rule or administrative order of the Circuit Court with
16 the approval of the Administrative Office of the Illinois
17 Courts.
18 The clerk of the circuit court may provide
19 additional services for which there is no fee specified
20 by statute in connection with the operation of the
21 clerk's office as may be requested by the public and
22 agreed to by the clerk and approved by the chief judge of
23 the circuit court. Any charges for additional services
24 shall be as agreed to between the clerk and the party
25 making the request and approved by the chief judge of the
26 circuit court. Nothing in this subsection shall be
27 construed to require any clerk to provide any service not
28 otherwise required by law.
29 (s) Jury Services.
30 The clerk shall be entitled to receive, in addition
31 to other fees allowed by law, the sum of $180, as a fee
32 for the services of a jury in every civil action not
33 quasi-criminal in its nature and not a proceeding for the
34 exercise of the right of eminent domain and in every
-28- SRS90HB2367JJcham01
1 other action wherein the right of trial by jury is or may
2 be given by law. The jury fee shall be paid by the party
3 demanding a jury at the time of filing the jury demand.
4 If the fee is not paid by either party, no jury shall be
5 called in the action or proceeding, and the same shall be
6 tried by the court without a jury.
7 (t) Voluntary Assignment.
8 For filing each deed of voluntary assignment, $10;
9 for recording the same, 25¢ for each 100 words.
10 Exceptions filed to claims presented to an assignee of a
11 debtor who has made a voluntary assignment for the
12 benefit of creditors shall be considered and treated, for
13 the purpose of taxing costs therein, as actions in which
14 the party or parties filing the exceptions shall be
15 considered as party or parties plaintiff, and the
16 claimant or claimants as party or parties defendant, and
17 those parties respectively shall pay to the clerk the
18 same fees as provided by this Section to be paid in other
19 actions.
20 (u) Expungement Petition.
21 The clerk shall be entitled to receive a fee of $30
22 for each expungement petition filed and an additional fee
23 of $2 for each certified copy of an order to expunge
24 arrest records.
25 (v) Probate.
26 The clerk is entitled to receive the fees specified in
27 this subsection (v), which shall be paid in advance, except
28 that, for good cause shown, the court may suspend, reduce, or
29 release the costs payable under this subsection:
30 (1) For administration of the estate of a decedent
31 (whether testate or intestate) or of a missing person,
32 $100, plus the fees specified in subsection (v)(3),
33 except:
34 (A) When the value of the real and personal
-29- SRS90HB2367JJcham01
1 property does not exceed $15,000, the fee shall be
2 $25.
3 (B) When (i) proof of heirship alone is made,
4 (ii) a domestic or foreign will is admitted to
5 probate without administration (including proof of
6 heirship), or (iii) letters of office are issued for
7 a particular purpose without administration of the
8 estate, the fee shall be $25.
9 (2) For administration of the estate of a ward,
10 $50, plus the fees specified in subsection (v)(3),
11 except:
12 (A) When the value of the real and personal
13 property does not exceed $15,000, the fee shall be
14 $25.
15 (B) When (i) letters of office are issued to a
16 guardian of the person or persons, but not of the
17 estate or (ii) letters of office are issued in the
18 estate of a ward without administration of the
19 estate, including filing or joining in the filing of
20 a tax return or releasing a mortgage or consenting
21 to the marriage of the ward, the fee shall be $10.
22 (3) In addition to the fees payable under
23 subsection (v)(1) or (v)(2) of this Section, the
24 following fees are payable:
25 (A) For each account (other than one final
26 account) filed in the estate of a decedent, or ward,
27 $15.
28 (B) For filing a claim in an estate when the
29 amount claimed is $150 or more but less than $500,
30 $10; when the amount claimed is $500 or more but
31 less than $10,000, $25; when the amount claimed is
32 $10,000 or more, $40; provided that the court in
33 allowing a claim may add to the amount allowed the
34 filing fee paid by the claimant.
-30- SRS90HB2367JJcham01
1 (C) For filing in an estate a claim, petition,
2 or supplemental proceeding based upon an action
3 seeking equitable relief including the construction
4 or contest of a will, enforcement of a contract to
5 make a will, and proceedings involving testamentary
6 trusts or the appointment of testamentary trustees,
7 $40.
8 (D) For filing in an estate (i) the appearance
9 of any person for the purpose of consent or (ii) the
10 appearance of an executor, administrator,
11 administrator to collect, guardian, guardian ad
12 litem, or special administrator, no fee.
13 (E) Except as provided in subsection
14 (v)(3)(D), for filing the appearance of any person
15 or persons, $10.
16 (F) For each jury demand, $90.
17 (G) For disposition of the collection of a
18 judgment or settlement of an action or claim for
19 wrongful death of a decedent or of any cause of
20 action of a ward, when there is no other
21 administration of the estate, $30, less any amount
22 paid under subsection (v)(1)(B) or (v)(2)(B) except
23 that if the amount involved does not exceed $5,000,
24 the fee, including any amount paid under subsection
25 (v)(1)(B) or (v)(2)(B), shall be $10.
26 (H) For each certified copy of letters of
27 office, of court order or other certification, $1,
28 plus 50¢ per page in excess of 3 pages for the
29 document certified.
30 (I) For each exemplification, $1, plus the fee
31 for certification.
32 (4) The executor, administrator, guardian,
33 petitioner, or other interested person or his or her
34 attorney shall pay the cost of publication by the clerk
-31- SRS90HB2367JJcham01
1 directly to the newspaper.
2 (5) The person on whose behalf a charge is incurred
3 for witness, court reporter, appraiser, or other
4 miscellaneous fee shall pay the same directly to the
5 person entitled thereto.
6 (6) The executor, administrator, guardian,
7 petitioner, or other interested person or his attorney
8 shall pay to the clerk all postage charges incurred by
9 the clerk in mailing petitions, orders, notices, or other
10 documents pursuant to the provisions of the Probate Act
11 of 1975.
12 (w) Criminal and Quasi-Criminal Costs and Fees.
13 (1) The clerk shall be entitled to costs in all
14 criminal and quasi-criminal cases from each person
15 convicted or sentenced to supervision therein as follows:
16 (A) Felony complaints, $80.
17 (B) Misdemeanor complaints, $50.
18 (C) Business offense complaints, $50.
19 (D) Petty offense complaints, $50.
20 (E) Minor traffic or ordinance violations,
21 $20.
22 (F) When court appearance required, $30.
23 (G) Motions to vacate or amend final orders,
24 $20.
25 (H) Motions to vacate bond forfeiture orders,
26 $20.
27 (I) Motions to vacate ex parte judgments,
28 whenever filed, $20.
29 (J) Motions to vacate judgment on forfeitures,
30 whenever filed, $20.
31 (K) Motions to vacate "failure to appear" or
32 "failure to comply" notices sent to the Secretary of
33 State, $20.
34 (2) In counties having a population of more than
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1 650,000 but fewer than 3,000,000 inhabitants, when the
2 violation complaint is issued by a municipal police
3 department, the clerk shall be entitled to costs from
4 each person convicted therein as follows:
5 (A) Minor traffic or ordinance violations,
6 $10.
7 (B) When court appearance required, $15.
8 (3) In ordinance violation cases punishable by fine
9 only, the clerk of the circuit court shall be entitled to
10 receive, unless the fee is excused upon a finding by the
11 court that the defendant is indigent, in addition to
12 other fees or costs allowed or imposed by law, the sum of
13 $50 as a fee for the services of a jury. The jury fee
14 shall be paid by the defendant at the time of filing his
15 or her jury demand. If the fee is not so paid by the
16 defendant, no jury shall be called, and the case shall be
17 tried by the court without a jury.
18 (x) Transcripts of Judgment.
19 For the filing of a transcript of judgment, the
20 clerk shall be entitled to the same fee as if it were the
21 commencement of new suit.
22 (y) Change of Venue.
23 (1) For the filing of a change of case on a change
24 of venue, the clerk shall be entitled to the same fee as
25 if it were the commencement of a new suit.
26 (2) The fee for the preparation and certification
27 of a record on a change of venue to another jurisdiction,
28 when original documents are forwarded, $25.
29 (z) Tax objection complaints.
30 For each tax objection complaint containing one or
31 more tax objections, regardless of the number of parcels
32 involved or the number of taxpayers joining in the
33 complaint, $25.
34 (aa) Tax Deeds.
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1 (1) Petition for tax deed, if only one parcel is
2 involved, $150.
3 (2) For each additional parcel, add a fee of $50.
4 (bb) Collections.
5 (1) For all collections made of others, except the
6 State and county and except in maintenance or child
7 support cases, a sum equal to 2.5% of the amount
8 collected and turned over.
9 (2) Interest earned on any funds held by the clerk
10 shall be turned over to the county general fund as an
11 earning of the office.
12 (3) For any check, draft, or other bank instrument
13 returned to the clerk for non-sufficient funds, account
14 closed, or payment stopped, $25.
15 (4) In child support and maintenance cases, the
16 clerk, if authorized by an ordinance of the county board,
17 may collect an annual fee of up to $36 from the person
18 making payment for administering the collection and
19 distribution of maintenance and child support payments.
20 This fee shall be in addition to and separate from
21 amounts ordered to be paid as maintenance or child
22 support and shall be deposited into a Separate
23 Maintenance and Child Support Collection Fund, of which
24 the clerk shall be the custodian, ex-officio, to be used
25 by the clerk to further maintenance and child supports in
26 his or her office. The clerk may recover from the person
27 making the maintenance or child support payment any
28 additional cost incurred in the collection of this annual
29 fee.
30 The clerk shall also be entitled to a fee of $5 for
31 certifications made to the Secretary of State as provided
32 in Section 7-703 of the Family Financial Responsibility
33 Law and these fees shall also be deposited into the
34 Separate Maintenance and Child Support Collection Fund.
-34- SRS90HB2367JJcham01
1 (cc) Corrections of Numbers.
2 For correction of the case number, case title, or
3 attorney computer identification number, if required by
4 rule of court, on any document filed in the clerk's
5 office, to be charged against the party that filed the
6 document, $15.
7 (dd) Exceptions.
8 The fee requirements of this Section shall not apply
9 to police departments or other law enforcement agencies.
10 In this Section, "law enforcement agency" means an agency
11 of the State or a unit of local government which is
12 vested by law or ordinance with the duty to maintain
13 public order and to enforce criminal laws or ordinances.
14 "Law enforcement agency" also means the Attorney General
15 or any state's attorney. The fee requirements of this
16 Section shall not apply to any action instituted under
17 subsection (b) of Section 11-31-1 of the Illinois
18 Municipal Code by a private owner or tenant of real
19 property within 1200 feet of a dangerous or unsafe
20 building seeking an order compelling the owner or owners
21 of the building to take any of the actions authorized
22 under that subsection.
23 (ee) Adoptions.
24 (1) For an adoption.............................$65
25 (2) Upon good cause shown, the court may waive the
26 adoption filing fee in a special needs adoption. The
27 term "special needs adoption" shall have the meaning
28 ascribed to it by the Illinois Department of Children and
29 Family Services.
30 (ff) Adoption exemptions.
31 No fee other than that set forth in subsection (ee)
32 shall be charged to any person in connection with an
33 adoption proceeding.
34 (Source: P.A. 89-92, eff. 7-1-96; 89-593, eff. 8-1-96;
-35- SRS90HB2367JJcham01
1 90-466, eff. 8-17-97.)
2 (705 ILCS 105/27.2a) (from Ch. 25, par. 27.2a)
3 Sec. 27.2a. The fees of the clerks of the circuit court
4 in all counties having a population of 3,000,000 or more
5 inhabitants in the instances described in this Section shall
6 be as provided in this Section. The fees shall be paid in
7 advance and shall be as follows:
8 (a) Civil Cases.
9 The fee for filing a complaint, petition, or other
10 pleading initiating a civil action, with the following
11 exceptions, shall be $190.
12 (A) When the amount of money or damages or the
13 value of personal property claimed does not exceed
14 $250, $15.
15 (B) When that amount exceeds $250 but does not
16 exceed $1000, $40.
17 (C) When that amount exceeds $1000 but does
18 not exceed $2500, $50.
19 (D) When that amount exceeds $2500 but does
20 not exceed $5000, $100.
21 (E) When that amount exceeds $5000 but does
22 not exceed $15,000, $150.
23 (F) For the exercise of eminent domain, $150.
24 For each additional lot or tract of land or right or
25 interest therein subject to be condemned, the
26 damages in respect to which shall require separate
27 assessment by a jury, $150.
28 (b) Forcible Entry and Detainer.
29 In each forcible entry and detainer case when the
30 plaintiff seeks possession only or unites with his or her
31 claim for possession of the property a claim for rent or
32 damages or both in the amount of $15,000 or less, $75.
33 When the plaintiff unites his or her claim for possession
-36- SRS90HB2367JJcham01
1 with a claim for rent or damages or both exceeding
2 $15,000, $225.
3 (c) Counterclaim or Joining Third Party Defendant.
4 When any defendant files a counterclaim as part of
5 his or her answer or otherwise or joins another party as
6 a third party defendant, or both, the defendant shall pay
7 a fee for each counterclaim or third party action in an
8 amount equal to the fee he or she would have had to pay
9 had he or she brought a separate action for the relief
10 sought in the counterclaim or against the third party
11 defendant, less the amount of the appearance fee, if that
12 has been paid.
13 (d) Confession of Judgment.
14 In a confession of judgment when the amount does not
15 exceed $1500, $60. When the amount exceeds $1500, but
16 does not exceed $5000, $75. When the amount exceeds
17 $5000, but does not exceed $15,000, $175. When the amount
18 exceeds $15,000, $250.
19 (e) Appearance.
20 The fee for filing an appearance in each civil case
21 shall be $75, except as follows:
22 (A) When the plaintiff in a forcible entry and
23 detainer case seeks possession only, $40.
24 (B) When the amount in the case does not
25 exceed $1500, $40.
26 (C) When that amount exceeds $1500 but does
27 not exceed $15,000, $60.
28 (f) Garnishment, Wage Deduction, and Citation.
29 In garnishment affidavit, wage deduction affidavit,
30 and citation petition when the amount does not exceed
31 $1,000, $15; when the amount exceeds $1,000 but does not
32 exceed $5,000, $30; and when the amount exceeds $5,000,
33 $50.
34 (g) Petition to Vacate or Modify.
-37- SRS90HB2367JJcham01
1 (1) Petition to vacate or modify any final judgment
2 or order of court, except in forcible entry and detainer
3 cases and small claims cases or a petition to reopen an
4 estate, to modify, terminate, or enforce a judgment or
5 order for child or spousal support, or to modify,
6 suspend, or terminate an order for withholding, if filed
7 before 30 days after the entry of the judgment or order,
8 $50.
9 (2) Petition to vacate or modify any final judgment
10 or order of court, except a petition to modify,
11 terminate, or enforce a judgment or order for child or
12 spousal support or to modify, suspend, or terminate an
13 order for withholding, if filed later than 30 days after
14 the entry of the judgment or order, $75.
15 (3) Petition to vacate order of bond forfeiture,
16 $40.
17 (h) Mailing.
18 When the clerk is required to mail, the fee will be
19 $10, plus the cost of postage.
20 (i) Certified Copies.
21 Each certified copy of a judgment after the first,
22 except in small claims and forcible entry and detainer
23 cases, $15.
24 (j) Habeas Corpus.
25 For filing a petition for relief by habeas corpus,
26 $125.
27 (k) Certification, Authentication, and Reproduction.
28 (1) Each certification or authentication for taking
29 the acknowledgment of a deed or other instrument in
30 writing with the seal of office, $6.
31 (2) Court appeals when original documents are
32 forwarded, under 100 pages, plus delivery and costs, $75.
33 (3) Court appeals when original documents are
34 forwarded, over 100 pages, plus delivery and costs, $150.
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1 (4) Court appeals when original documents are
2 forwarded, over 200 pages, an additional fee of 25 cents
3 per page.
4 (5) For reproduction of any document contained in
5 the clerk's files:
6 (A) First page, $2.
7 (B) Next 19 pages, 50 cents per page.
8 (C) All remaining pages, 25 cents per page.
9 (l) Remands.
10 In any cases remanded to the Circuit Court from the
11 Supreme Court or the Appellate Court for a new trial, the
12 clerk shall file the remanding order and reinstate the
13 case with either its original number or a new number.
14 The Clerk shall not charge any new or additional fee for
15 the reinstatement. Upon reinstatement the Clerk shall
16 advise the parties of the reinstatement. A party shall
17 have the same right to a jury trial on remand and
18 reinstatement as he or she had before the appeal, and no
19 additional or new fee or charge shall be made for a jury
20 trial after remand.
21 (m) Record Search.
22 For each record search, within a division or
23 municipal district, the clerk shall be entitled to a
24 search fee of $6 for each year searched.
25 (n) Hard Copy.
26 For each page of hard copy print output, when case
27 records are maintained on an automated medium, the clerk
28 shall be entitled to a fee of $6.
29 (o) Index Inquiry and Other Records.
30 No fee shall be charged for a single
31 plaintiff/defendant index inquiry or single case record
32 inquiry when this request is made in person and the
33 records are maintained in a current automated medium, and
34 when no hard copy print output is requested. The fees to
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1 be charged for management records, multiple case records,
2 and multiple journal records may be specified by the
3 Chief Judge pursuant to the guidelines for access and
4 dissemination of information approved by the Supreme
5 Court.
6 (p) Commitment Petitions.
7 For filing commitment petitions under the Mental
8 Health and Developmental Disabilities Code, $50.
9 (q) Alias Summons.
10 For each alias summons or citation issued by the
11 clerk, $5.
12 (r) Other Fees.
13 Any fees not covered in this Section shall be set by
14 rule or administrative order of the Circuit Court with
15 the approval of the Administrative Office of the Illinois
16 Courts.
17 The clerk of the circuit court may provide
18 additional services for which there is no fee specified
19 by statute in connection with the operation of the
20 clerk's office as may be requested by the public and
21 agreed to by the clerk and approved by the chief judge of
22 the circuit court. Any charges for additional services
23 shall be as agreed to between the clerk and the party
24 making the request and approved by the chief judge of the
25 circuit court. Nothing in this subsection shall be
26 construed to require any clerk to provide any service not
27 otherwise required by law.
28 (s) Jury Services.
29 The clerk shall be entitled to receive, in addition
30 to other fees allowed by law, the sum of $200, as a fee
31 for the services of a jury in every civil action not
32 quasi-criminal in its nature and not a proceeding for the
33 exercise of the right of eminent domain and in every
34 other action wherein the right of trial by jury is or may
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1 be given by law. The jury fee shall be paid by the party
2 demanding a jury at the time of filing the jury demand.
3 If the fee is not paid by either party, no jury shall be
4 called in the action or proceeding, and the same shall be
5 tried by the court without a jury.
6 (t) Voluntary Assignment.
7 For filing each deed of voluntary assignment, $20;
8 for recording the same, 50¢ for each 100 words.
9 Exceptions filed to claims presented to an assignee of a
10 debtor who has made a voluntary assignment for the
11 benefit of creditors shall be considered and treated, for
12 the purpose of taxing costs therein, as actions in which
13 the party or parties filing the exceptions shall be
14 considered as party or parties plaintiff, and the
15 claimant or claimants as party or parties defendant, and
16 those parties respectively shall pay to the clerk the
17 same fees as provided by this Section to be paid in other
18 actions.
19 (u) Expungement Petition.
20 The clerk shall be entitled to receive a fee of $60
21 for each expungement petition filed and an additional fee
22 of $4 for each certified copy of an order to expunge
23 arrest records.
24 (v) Probate.
25 The clerk is entitled to receive the fees specified in
26 this subsection (v), which shall be paid in advance, except
27 that, for good cause shown, the court may suspend, reduce, or
28 release the costs payable under this subsection:
29 (1) For administration of the estate of a decedent
30 (whether testate or intestate) or of a missing person,
31 $150, plus the fees specified in subsection (v)(3),
32 except:
33 (A) When the value of the real and personal
34 property does not exceed $15,000, the fee shall be
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1 $40.
2 (B) When (i) proof of heirship alone is made,
3 (ii) a domestic or foreign will is admitted to
4 probate without administration (including proof of
5 heirship), or (iii) letters of office are issued for
6 a particular purpose without administration of the
7 estate, the fee shall be $40.
8 (2) For administration of the estate of a ward,
9 $75, plus the fees specified in subsection (v)(3),
10 except:
11 (A) When the value of the real and personal
12 property does not exceed $15,000, the fee shall be
13 $40.
14 (B) When (i) letters of office are issued to a
15 guardian of the person or persons, but not of the
16 estate or (ii) letters of office are issued in the
17 estate of a ward without administration of the
18 estate, including filing or joining in the filing of
19 a tax return or releasing a mortgage or consenting
20 to the marriage of the ward, the fee shall be $20.
21 (3) In addition to the fees payable under
22 subsection (v)(1) or (v)(2) of this Section, the
23 following fees are payable:
24 (A) For each account (other than one final
25 account) filed in the estate of a decedent, or ward,
26 $25.
27 (B) For filing a claim in an estate when the
28 amount claimed is $150 or more but less than $500,
29 $20; when the amount claimed is $500 or more but
30 less than $10,000, $40; when the amount claimed is
31 $10,000 or more, $60; provided that the court in
32 allowing a claim may add to the amount allowed the
33 filing fee paid by the claimant.
34 (C) For filing in an estate a claim, petition,
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1 or supplemental proceeding based upon an action
2 seeking equitable relief including the construction
3 or contest of a will, enforcement of a contract to
4 make a will, and proceedings involving testamentary
5 trusts or the appointment of testamentary trustees,
6 $60.
7 (D) For filing in an estate (i) the appearance
8 of any person for the purpose of consent or (ii) the
9 appearance of an executor, administrator,
10 administrator to collect, guardian, guardian ad
11 litem, or special administrator, no fee.
12 (E) Except as provided in subsection
13 (v)(3)(D), for filing the appearance of any person
14 or persons, $30.
15 (F) For each jury demand, $125.
16 (G) For disposition of the collection of a
17 judgment or settlement of an action or claim for
18 wrongful death of a decedent or of any cause of
19 action of a ward, when there is no other
20 administration of the estate, $50, less any amount
21 paid under subsection (v)(1)(B) or (v)(2)(B) except
22 that if the amount involved does not exceed $5,000,
23 the fee, including any amount paid under subsection
24 (v)(1)(B) or (v)(2)(B), shall be $20.
25 (H) For each certified copy of letters of
26 office, of court order or other certification, $2,
27 plus $1 per page in excess of 3 pages for the
28 document certified.
29 (I) For each exemplification, $2, plus the fee
30 for certification.
31 (4) The executor, administrator, guardian,
32 petitioner, or other interested person or his or her
33 attorney shall pay the cost of publication by the clerk
34 directly to the newspaper.
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1 (5) The person on whose behalf a charge is incurred
2 for witness, court reporter, appraiser, or other
3 miscellaneous fee shall pay the same directly to the
4 person entitled thereto.
5 (6) The executor, administrator, guardian,
6 petitioner, or other interested person or his or her
7 attorney shall pay to the clerk all postage charges
8 incurred by the clerk in mailing petitions, orders,
9 notices, or other documents pursuant to the provisions of
10 the Probate Act of 1975.
11 (w) Criminal and Quasi-Criminal Costs and Fees.
12 (1) The clerk shall be entitled to costs in all
13 criminal and quasi-criminal cases from each person
14 convicted or sentenced to supervision therein as follows:
15 (A) Felony complaints, $125.
16 (B) Misdemeanor complaints, $75.
17 (C) Business offense complaints, $75.
18 (D) Petty offense complaints, $75.
19 (E) Minor traffic or ordinance violations,
20 $30.
21 (F) When court appearance required, $50.
22 (G) Motions to vacate or amend final orders,
23 $40.
24 (H) Motions to vacate bond forfeiture orders,
25 $30.
26 (I) Motions to vacate ex parte judgments,
27 whenever filed, $30.
28 (J) Motions to vacate judgment on forfeitures,
29 whenever filed, $25.
30 (K) Motions to vacate "failure to appear" or
31 "failure to comply" notices sent to the Secretary of
32 State, $40.
33 (2) In counties having a population of 3,000,000 or
34 more, when the violation complaint is issued by a
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1 municipal police department, the clerk shall be entitled
2 to costs from each person convicted therein as follows:
3 (A) Minor traffic or ordinance violations,
4 $30.
5 (B) When court appearance required, $50.
6 (3) In ordinance violation cases punishable by fine
7 only, the clerk of the circuit court shall be entitled to
8 receive, unless the fee is excused upon a finding by the
9 court that the defendant is indigent, in addition to
10 other fees or costs allowed or imposed by law, the sum of
11 $100 as a fee for the services of a jury. The jury fee
12 shall be paid by the defendant at the time of filing his
13 or her jury demand. If the fee is not so paid by the
14 defendant, no jury shall be called, and the case shall be
15 tried by the court without a jury.
16 (x) Transcripts of Judgment.
17 For the filing of a transcript of judgment, the
18 clerk shall be entitled to the same fee as if it were the
19 commencement of a new suit.
20 (y) Change of Venue.
21 (1) For the filing of a change of case on a change
22 of venue, the clerk shall be entitled to the same fee as
23 if it were the commencement of a new suit.
24 (2) The fee for the preparation and certification
25 of a record on a change of venue to another jurisdiction,
26 when original documents are forwarded, $40.
27 (z) Tax objection complaints.
28 For each tax objection complaint containing one or
29 more tax objections, regardless of the number of parcels
30 involved or the number of taxpayers joining in the
31 complaint, $50.
32 (aa) Tax Deeds.
33 (1) Petition for tax deed, if only one parcel is
34 involved, $250.
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1 (2) For each additional parcel, add a fee of $100.
2 (bb) Collections.
3 (1) For all collections made of others, except the
4 State and county and except in maintenance or child
5 support cases, a sum equal to 3.0% of the amount
6 collected and turned over.
7 (2) Interest earned on any funds held by the clerk
8 shall be turned over to the county general fund as an
9 earning of the office.
10 (3) For any check, draft, or other bank instrument
11 returned to the clerk for non-sufficient funds, account
12 closed, or payment stopped, $25.
13 (4) In child support and maintenance cases, the
14 clerk, if authorized by an ordinance of the county board,
15 may collect an annual fee of up to $36 from the person
16 making payment for administering the collection and
17 distribution of maintenance and child support payments.
18 This fee shall be in addition to and separate from
19 amounts ordered to be paid as maintenance or child
20 support and shall be deposited into a Separate
21 Maintenance and Child Support Collection Fund, of which
22 the clerk shall be the custodian, ex-officio, to be used
23 by the clerk to further maintenance and child supports in
24 his or her office. The clerk may recover from the person
25 making the maintenance or child support payment any
26 additional cost incurred in the collection of this annual
27 fee.
28 The clerk shall also be entitled to a fee of $5 for
29 certifications made to the Secretary of State as provided
30 in Section 7-703 of the Family Financial Responsibility
31 Law and these fees shall also be deposited into the
32 Separate Maintenance and Child Support Collection Fund.
33 (cc) Corrections of Numbers.
34 For correction of the case number, case title, or
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1 attorney computer identification number, if required by
2 rule of court, on any document filed in the clerk's
3 office, to be charged against the party that filed the
4 document, $25.
5 (dd) Exceptions.
6 (1) The fee requirements of this Section shall not
7 apply to police departments or other law enforcement
8 agencies. In this Section, "law enforcement agency"
9 means an agency of the State or a unit of local
10 government which is vested by law or ordinance with the
11 duty to maintain public order and to enforce criminal
12 laws or ordinances. "Law enforcement agency" also means
13 the Attorney General or any state's attorney.
14 (2) No fee provided herein shall be charged to any
15 unit of local government or school district. The fee
16 requirements of this Section shall not apply to any
17 action instituted under subsection (b) of Section 11-31-1
18 of the Illinois Municipal Code by a private owner or
19 tenant of real property within 1200 feet of a dangerous
20 or unsafe building seeking an order compelling the owner
21 or owners of the building to take any of the actions
22 authorized under that subsection.
23 (ee) Adoption.
24 (1) For an adoption.............................$65
25 (2) Upon good cause shown, the court may waive the
26 adoption filing fee in a special needs adoption. The
27 term "special needs adoption" shall have the meaning
28 ascribed to it by the Illinois Department of Children and
29 Family Services.
30 (ff) Adoption exemptions.
31 No fee other than that set forth in subsection (ee)
32 shall be charged to any person in connection with an
33 adoption proceeding.
34 (Source: P.A. 89-92, eff. 7-1-96; 89-593, eff. 8-1-96;
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1 90-466, eff. 8-17-97.)
2 Section 5. The Probate Act of 1975 is amended by
3 changing Sections 1-2.23, 1-2.24, 11-5, 11-5.3, 11-5.4, 11-8,
4 11-8.1, 11-13.1, 11-14.1, 11a-8, 11a-17, 11a-18, 11a-23,
5 12-2, 21-2, 21-2.04, 21-2.05, 21-2.07, 21-2.08, 21-2.11,
6 21-2.12, and 21-2.13, and by adding Sections 11a-3.1,
7 11a-3.2, 11a-8.1, 11a-10.2, 11a-18.2, and 11a-18.3 as
8 follows:
9 (755 ILCS 5/1-2.23)
10 Sec. 1-2.23. "Standby guardian" means: (i) a guardian of
11 the person or estate, or both, of a minor, as appointed by
12 the court under Section 11-5.3, to become effective at a
13 later date under Section 11-13.1 or (ii) a guardian of the
14 person or estate, or both, of a disabled person, as appointed
15 by the court under Section 11a-3.1, to become effective at a
16 later date under Section 11a-18.2.
17 (Source: P.A. 88-202; 88-529.)
18 (755 ILCS 5/1-2.24)
19 Sec. 1-2.24. "Short-term guardian" means a guardian of
20 the person of a minor as appointed by a parent of the minor
21 under Section 11-5.4 or a guardian of the person of a
22 disabled person as appointed by the guardian of the disabled
23 person under Section 11a-3.2.
24 (Source: P.A. 88-529.)
25 (755 ILCS 5/11-5) (from Ch. 110 1/2, par. 11-5)
26 Sec. 11-5. Appointment of guardian.
27 (a) Upon the filing of a petition for the appointment of
28 a guardian or on its own motion, the court may appoint a
29 guardian of the estate or of both the person and estate, of a
30 minor, or may appoint a guardian of the person only of a
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1 minor or minors, the person or estate, or both, of a minor as
2 the court finds to be in the best interest of the minor or
3 minors.
4 (a-1) A parent, adoptive parent or adjudicated parent,
5 whose parental rights have not been terminated, may designate
6 in any writing, including a will, a person qualified to act
7 under Section 11-3 to be appointed as guardian of the person
8 or estate, or both, of an unmarried minor or of a child
9 likely to be born. A parent, adoptive parent or adjudicated
10 parent, whose parental rights have not been terminated, or a
11 guardian or a standby guardian of an unmarried minor or of a
12 child likely to be born may designate in any writing,
13 including a will, a person qualified to act under Section
14 11-3 to be appointed as successor guardian of the minor's
15 person or estate, or both. The designation must be witnessed
16 by 2 or more credible witnesses at least 18 years of age,
17 neither of whom is the person designated as the guardian.
18 The designation may be proved by any competent evidence. If
19 the designation is executed and attested in the same manner
20 as a will, it shall have prima facie validity. The
21 designation of a guardian or successor guardian does not
22 affect the rights of the other parent in the minor.
23 (b) The court lacks jurisdiction to proceed on a
24 petition for the appointment of a guardian of a minor if (i)
25 the minor has a living parent, adoptive parent or adjudicated
26 parent, whose parental rights have not been terminated, whose
27 whereabouts are known, and who is willing and able to make
28 and carry out day-to-day child care decisions concerning the
29 minor, unless the parent or parents consent to the
30 appointment or, after receiving notice of the hearing under
31 Section 11-10.1, fail to object to the appointment at the
32 hearing on the petition or (ii) there is a guardian for the
33 minor appointed by a court of competent jurisdiction. There
34 shall be a rebuttable presumption that a parent of a minor is
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1 willing and able to make and carry out day-to-day child care
2 decisions concerning the minor, but the presumption may be
3 rebutted by a preponderance of the evidence.
4 (b-1) If the court finds the appointment of a guardian
5 of the minor to be in the best interest of the minor, and if
6 a standby guardian has previously been appointed for the
7 minor under Section 11-5.3, the court shall appoint the
8 standby guardian as the guardian of the person or estate, or
9 both, of the minor unless the court finds, upon good cause
10 shown, that the appointment would no longer be in the best
11 interest of the minor.
12 (c) If the minor is 14 years of age or more, the minor
13 may nominate the guardian of the minor's person and estate,
14 subject to approval of the court. If the minor's nominee is
15 not approved by the court or if, after notice to the minor,
16 the minor fails to nominate a guardian of the minor's person
17 or estate, the court may appoint the guardian without
18 nomination.
19 (d) The court shall not appoint as guardian of the
20 person of the minor any person whom the court has determined
21 had caused or substantially contributed to the minor becoming
22 a neglected or abused minor as defined in the Juvenile Court
23 Act of 1987 unless 2 years have elapsed since the last proven
24 incident of abuse or neglect and the court determines that
25 appointment of such person as guardian is in the best
26 interests of the minor.
27 (e) Previous statements made by the minor relating to
28 any allegations that the minor is an abused or neglected
29 child within the meaning of the Abused and Neglected Child
30 Reporting Act, or an abused or neglected minor within the
31 meaning of the Juvenile Court Act of 1987, shall be
32 admissible in evidence in a hearing concerning appointment of
33 a guardian of the person or estate of the minor. No such
34 statement, however, if uncorroborated and not subject to
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1 cross-examination, shall be sufficient in itself to support a
2 finding of abuse or neglect.
3 (Source: P.A. 90-430, eff. 8-16-97; 90-472, eff. 8-17-97.)
4 (755 ILCS 5/11-5.3)
5 Sec. 11-5.3. Appointment of standby guardian.
6 (a) A parent, adoptive parent, or adjudicated parent,
7 whose parental rights have not been terminated, or the
8 guardian of the person of a minor may designate in any
9 writing, including a will, a person qualified to act under
10 Section 11-3 to be appointed as standby guardian of the
11 person or estate, or both, of an unmarried minor or of a
12 child likely to be born. A parent, adoptive parent, or
13 adjudicated parent, whose parental rights have not been
14 terminated, or the guardian of the person of a minor or a
15 standby guardian of an unmarried minor or of a child likely
16 to be born may designate in any writing, including a will, a
17 person qualified to act under Section 11-3 to be appointed as
18 successor standby guardian of the minor's person or estate,
19 or both. The designation must be witnessed by 2 or more
20 credible witnesses at least 18 years of age, neither of whom
21 is the person designated as the standby guardian. The
22 designation may be proved by any competent evidence. If the
23 designation is executed and attested in the same manner as a
24 will, it shall have prima facie validity. The designation of
25 a standby guardian or successor standby guardian does not
26 affect the rights of the other parent in the minor.
27 (b) Upon the filing of a petition for the appointment of
28 a standby guardian, the court may appoint a standby guardian
29 of the person or estate, or both, of a minor as the court
30 finds to be in the best interest of the minor.
31 (c) The court lacks jurisdiction to proceed on a
32 petition for the appointment of a standby guardian of a minor
33 if (i) the minor has a living parent, adoptive parent or
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1 adjudicated parent, whose parental rights have not been
2 terminated, whose whereabouts are known, and who is willing
3 and able to make and carry out day-to-day child care
4 decisions concerning the minor, unless the parent or parents
5 consent to the appointment or, after receiving notice of the
6 hearing under Section 11-10.1, fail to object to the
7 appointment at the hearing on the petition or (ii) there is a
8 guardian for the minor appointed by a court of competent
9 jurisdiction. There shall be a rebuttable presumption that a
10 parent of a minor is willing and able to make and carry out
11 day-to-day child care decisions concerning the minor, but the
12 presumption may be rebutted by a preponderance of the
13 evidence.
14 (d) The standby guardian shall take and file an oath or
15 affirmation that the standby guardian will faithfully
16 discharge the duties of the office of standby guardian
17 according to law, and shall file in and have approved by the
18 court a bond binding the standby guardian so to do, but shall
19 not be required to file a bond until the standby guardian
20 assumes all duties as guardian of the minor under Section
21 11-13.1.
22 (e) The designation of a standby guardian may, but need
23 not, be in the following form:
24 DESIGNATION OF STANDBY GUARDIAN
25 [IT IS IMPORTANT TO READ THE FOLLOWING INSTRUCTIONS:
26 A standby guardian is someone who has been appointed by
27 the court as the person who will act as guardian of the child
28 when the child's parents or the guardian of the person of the
29 child die or are no longer willing or able to make and carry
30 out day-to-day child care decisions concerning the child. By
31 properly completing this form, a parent or the guardian of
32 the person of the child is naming the person that the parent
33 or the guardian wants to be appointed as the standby guardian
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1 of the child or children of the parent. Both parents of a
2 child may join together and co-sign this form. Signing the
3 form does not appoint the standby guardian; to be appointed,
4 a petition must be filed in and approved by the court.]
5 1. Parent (or guardian) and Children. I, (insert
6 name of designating parent or guardian), currently
7 residing at (insert address of designating parent or
8 guardian), am a parent (or the guardian of the person) of
9 the following child or children (or of a child likely to
10 be born): (insert name and date of birth of each child,
11 or insert the words "not yet born" to designate a standby
12 guardian for a child likely to be born and the child's
13 expected date of birth).
14 2. Standby Guardian. I hereby designate the
15 following person to be appointed as standby guardian for
16 the my child or children listed above (insert name and
17 address of person designated).
18 3. Successor Standby Guardian. If the person named
19 in item 2 above cannot or will not act as standby
20 guardian, I designate the following person to be
21 appointed as successor standby guardian for the my child
22 or children: (insert name and address of person
23 designated).
24 4. Date and Signature. This designation is made
25 this (insert day) day of (insert month and year).
26 Signed: (designating parent or guardian)
27 5. Witnesses. I saw the parent (or the guardian of
28 the person of the child) sign this designation or the
29 parent (or the guardian of the person of the child) told
30 me that (he or she) the parent signed this designation.
31 Then I signed the designation as a witness in the
32 presence of the parent (or the guardian). I am not
33 designated in this instrument to act as a standby
34 guardian for the parent's child or children. (insert
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1 space for names, addresses, and signatures of 2
2 witnesses).
3 (Source: P.A. 88-529.)
4 (755 ILCS 5/11-5.4)
5 Sec. 11-5.4. Short-term guardian.
6 (a) A parent, adoptive parent, or adjudicated parent,
7 whose parental rights have not been terminated, or the
8 guardian of the person of a minor may appoint in writing,
9 without court approval, a short-term guardian of an unmarried
10 minor or a child likely to be born. The written instrument
11 appointing a short-term guardian shall be dated and shall
12 identify the appointing parent or guardian, the minor, and
13 the person appointed to be the short-term guardian. The
14 written instrument shall be signed by, or at the direction
15 of, the appointing parent in the presence of at least 2
16 credible witnesses at least 18 years of age, neither of whom
17 is the person appointed as the short-term guardian. The
18 person appointed as the short-term guardian shall also sign
19 the written instrument, but need not sign at the same time as
20 the appointing parent.
21 (b) A parent or guardian shall not appoint a short-term
22 guardian of a minor if (i) the minor has another living
23 parent, adoptive parent or adjudicated parent, whose parental
24 rights have not been terminated, whose whereabouts are known,
25 and who is willing and able to make and carry out day-to-day
26 child care decisions concerning the minor, unless the
27 nonappointing parent consents to the appointment by signing
28 the written instrument of appointment or (ii) there is a
29 guardian for the minor appointed by a court of competent
30 jurisdiction.
31 (c) The appointment of the short-term guardian is
32 effective immediately upon the date the written instrument is
33 executed, unless the written instrument provides for the
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1 appointment to become effective upon a later specified date
2 or event. The short-term guardian shall have authority to
3 act as guardian of the minor as provided in Section 11-13.2
4 for a period of 60 days from the date the appointment is
5 effective, unless the written instrument provides for the
6 appointment to terminate upon an earlier specified date or
7 event. Only one written instrument appointing a short-term
8 guardian may be in force at any given time.
9 (d) Every appointment of a short-term guardian may be
10 amended or revoked by the appointing parent or by the
11 appointing guardian of the person of the minor at any time
12 and in any manner communicated to the short-term guardian or
13 to any other person. Any person other than the short-term
14 guardian to whom a revocation or amendment is communicated or
15 delivered shall make all reasonable efforts to inform the
16 short-term guardian of that fact as promptly as possible.
17 (e) The appointment of a short-term guardian or
18 successor short-term guardian does not affect the rights of
19 the other parent in the minor.
20 (f) The written instrument appointing a short-term
21 guardian may, but need not, be in the following form:
22 APPOINTMENT OF SHORT-TERM GUARDIAN
23 [IT IS IMPORTANT TO READ THE FOLLOWING INSTRUCTIONS:
24 By properly completing this form, a parent or the
25 guardian of the person of the child is appointing a guardian
26 of a child of the parent (or a minor ward of the guardian, as
27 the case may be) for a period of up to 60 days. A separate
28 form should be completed for each child. The person appointed
29 as the guardian must sign the form, but need not do so at the
30 same time as the parent or parents or guardian.
31 This form may not be used to appoint a guardian if there
32 is a guardian already appointed for the child, except that if
33 a guardian of the person of the child has been appointed,
-55- SRS90HB2367JJcham01
1 that guardian may use this form to appoint a short-term
2 guardian. Both living parents of a child may together
3 appoint a guardian of the child, or the guardian of the
4 person of the child may appoint a guardian of the child, for
5 a period of up to 60 days through the use of this form. If
6 the short-term guardian is appointed by both living parents
7 of the child, the parents need not sign the form at the same
8 time.]
9 1. Parent (or guardian) and Child. I, (insert name
10 of appointing parent or guardian), currently residing at
11 (insert address of appointing parent or guardian), am a
12 parent (or the guardian of the person) of the following
13 child (or of a child likely to be born): (insert name
14 and date of birth of child, or insert the words "not yet
15 born" to appoint a short-term guardian for a child likely
16 to be born and the child's expected date of birth).
17 2. Guardian. I hereby appoint the following person
18 as the short-term guardian for the my child: (insert name
19 and address of appointed person).
20 3. Effective date. This appointment becomes
21 effective: (check one if you wish it to be applicable)
22 ( ) On the date that I state in writing that I
23 am no longer either willing or able to make and
24 carry out day-to-day child care decisions concerning
25 the my child.
26 ( ) On the date that a physician familiar with
27 my condition certifies in writing that I am no
28 longer willing or able to make and carry out
29 day-to-day child care decisions concerning the my
30 child.
31 ( ) On the date that I am admitted as an
32 in-patient to a hospital or other health care
33 institution.
34 ( ) On the following date: (insert date).
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1 ( ) Other: (insert other).
2 [NOTE: If this item is not completed, the appointment is
3 effective immediately upon the date the form is signed and
4 dated below.]
5 4. Termination. This appointment shall terminate
6 60 days after the effective date, unless it terminates
7 sooner as determined by the event or date I have
8 indicated below: (check one if you wish it to be
9 applicable)
10 ( ) On the date that I state in writing that I
11 am willing and able to make and carry out day-to-day
12 child care decisions concerning the my child.
13 ( ) On the date that a physician familiar with
14 my condition certifies in writing that I am willing
15 and able to make and carry out day-to-day child care
16 decisions concerning the my child.
17 ( ) On the date that I am discharged from the
18 hospital or other health care institution where I
19 was admitted as an in-patient, which established the
20 effective date.
21 ( ) On the date which is (state a number of
22 days, but no more than 60 days) days after the
23 effective date.
24 ( ) Other: (insert other).
25 [NOTE: If this item is not completed, the appointment will
26 be effective for a period of 60 days, beginning on the
27 effective date.]
28 5. Date and signature of appointing parent or
29 guardian. This appointment is made this (insert day) day
30 of (insert month and year).
31 Signed: (appointing parent)
32 6. Witnesses. I saw the parent (or the guardian of
33 the person of the child) sign this instrument or I saw
34 the parent (or the guardian of the person of the child)
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1 direct someone to sign this instrument for the parent (or
2 the guardian). Then I signed this instrument as a witness
3 in the presence of the parent (or the guardian). I am
4 not appointed in this instrument to act as the short-term
5 guardian for the parent's child. (Insert space for
6 names, addresses, and signatures of 2 witnesses)
7 7. Acceptance of short-term guardian. I accept
8 this appointment as short-term guardian on this (insert
9 day) day of (insert month and year).
10 Signed: (short-term guardian)
11 8. Consent of child's other parent. I, (insert
12 name of the child's other living parent), currently
13 residing at (insert address of child's other living
14 parent), hereby consent to this appointment on this
15 (insert day) day of (insert month and year).
16 Signed: (consenting parent)
17 [NOTE: The signature of a consenting parent is not necessary
18 if one of the following applies: (i) the child's other parent
19 has died; or (ii) the whereabouts of the child's other parent
20 are not known; or (iii) the child's other parent is not
21 willing or able to make and carry out day-to-day child care
22 decisions concerning the child; or (iv) the child's parents
23 were never married and no court has issued an order
24 establishing parentage.]
25 (Source: P.A. 88-529; 88-670, eff. 12-2-94.)
26 (755 ILCS 5/11-8) (from Ch. 110 1/2, par. 11-8)
27 Sec. 11-8. Petition for guardian of minor.
28 (a) The petition for appointment of a guardian of the
29 estate, or of both the person and estate, of a minor, or for
30 appointment of the guardian of the person only of a minor or
31 minors the person or estate, or both, of a minor must state,
32 if known:
33 (1) (a) The name, date of birth and residence of the
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1 minor; (2) (b) the names and post office addresses of the
2 nearest relatives of the minor in the following order: (i)
3 (1) the spouse, if any; if none, (ii) (2) the parents and
4 adult brothers and sisters, if any; if none, (iii) (3) the
5 nearest adult kindred; (3) (c) the name and post office
6 address of the person having the custody of the minor; (4)
7 (d) the approximate value of the personal estate; (5) (e) the
8 amount of the anticipated gross annual income and other
9 receipts; (6) (f) the name, post office address and, in case
10 of an individual, the age and occupation of the proposed
11 guardian; (7) (g) the facts concerning the execution or
12 admission to probate of the written designation of the
13 guardian, if any, a copy of which shall be attached to or
14 filed with the petition; and (8) (h) the facts concerning any
15 juvenile, adoption, parentage, dissolution, or guardianship
16 court actions pending concerning the minor or the parents of
17 the minor and whether any guardian is currently acting for
18 the minor. In addition, if the petition seeks the appointment
19 of a previously appointed standby guardian as guardian of the
20 minor, the petition must also state: (9) (i) the facts
21 concerning the standby guardian's previous appointment and
22 (10) (j) the date of death of the minor's parent or parents
23 or the facts concerning the consent of the minor's parent or
24 parents to the appointment of the standby guardian as
25 guardian, or the willingness and ability of the minor's
26 parent or parents to make and carry out day-to-day child care
27 decisions concerning the minor.
28 (b) A single petition for appointment of only a guardian
29 of the person of a minor may include more than one minor.
30 The statements required in items (1) and (2) of subsection
31 (a) shall be listed separately for each minor.
32 (Source: P.A. 88-529.)
33 (755 ILCS 5/11-8.1)
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1 Sec. 11-8.1. Petition for standby guardian of minor. The
2 petition for appointment of a standby guardian of the person
3 or the estate, or both, of a minor must state, if known: (a)
4 the name, date of birth, and residence of the minor; (b) the
5 names and post office addresses of the nearest relatives of
6 the minor in the following order: (1) the parents, if any; if
7 none, (2) the adult brothers and sisters, if any; if none,
8 (3) the nearest adult kindred; (c) the name and post office
9 address of the person having custody of the minor; (d) the
10 name, post office address, and, in case of any individual,
11 the age and occupation of the proposed standby guardian; (e)
12 the facts concerning the consent of the minor's parent or
13 parents or the guardian of the person of the minor to the
14 appointment of the standby guardian, or the willingness and
15 ability of the minor's parent or parents, if any, or the
16 guardian of the person of the minor to make and carry out
17 day-to-day child care decisions concerning the minor; (f) the
18 facts concerning the execution or admission to probate of the
19 written designation of the standby guardian, if any, a copy
20 of which shall be attached to or filed with the petition; and
21 (g) the facts concerning any juvenile, adoption, parentage,
22 dissolution, or guardianship court actions pending concerning
23 the minor or the parents of the minor and whether any
24 guardian is currently acting for the minor.
25 (Source: P.A. 88-529.)
26 (755 ILCS 5/11-13.1)
27 Sec. 11-13.1. Duties of standby guardian of a minor.
28 (a) Before a standby guardian of a minor may act, the
29 standby guardian must be appointed by the court of the proper
30 county and, in the case of a standby guardian of the minor's
31 estate, the standby guardian must give the bond prescribed in
32 subsection (d) of Section 11-5.3 and Section 12-2.
33 (b) The standby guardian shall not have any duties or
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1 authority to act until the standby guardian receives
2 knowledge (i) of the death or consent of the minor's parent
3 or parents or of the guardian of the person of the minor, or
4 (ii) the inability of the minor's parent or parents or of the
5 guardian of the person of the minor to make and carry out
6 day-to-day child care decisions concerning the minor for whom
7 the standby guardian has been appointed. This inability of
8 the minor's parent or parents to make and carry out
9 day-to-day child care decisions may be communicated either by
10 the parent's or the guardian's own admission or by the
11 written certification of the parent's or guardian's attending
12 physician. Immediately upon receipt of that knowledge, the
13 standby guardian shall assume all duties as guardian of the
14 minor as previously determined by the order appointing the
15 standby guardian, and as set forth in Section 11-13, and the
16 standby guardian of the person shall have the authority to
17 act as guardian of the person without direction of court for
18 a period of up to 60 days, provided that the authority of the
19 standby guardian may be limited or terminated by a court of
20 competent jurisdiction.
21 (c) Within 60 days of the standby guardian's receipt of
22 knowledge of (i) the death or consent of the minor's parent
23 or parents or guardian, or (ii) the inability of the minor's
24 parent or parents or guardian to make and carry out
25 day-to-day child care decisions concerning the minor, the
26 standby guardian shall file or cause to be filed a petition
27 for the appointment of a guardian of the person or estate, or
28 both, of the minor under Section 11-5.
29 (Source: P.A. 88-529.)
30 (755 ILCS 5/11-14.1) (from Ch. 110 1/2, par. 11-14.1)
31 Sec. 11-14.1. Revocation of letters. Upon the minor
32 reaching the age of majority, the letters of office shall be
33 revoked only as to that minor and the guardianship over that
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1 minor shall be terminated. The letters of office and the
2 guardianship shall remain as to any other minors included in
3 the same letters of office or guardianship order.
4 (Source: P.A. 80-1415.)
5 (755 ILCS 5/11a-3.1 new)
6 Sec. 11a-3.1. Appointment of standby guardian.
7 (a) The guardian of a disabled person may designate in
8 any writing, including a will, a person qualified to act
9 under Section 11a-5 to be appointed as standby guardian of
10 the person or estate, or both, of the disabled person. The
11 guardian may designate in any writing, including a will, a
12 person qualified to act under Section 11a-5 to be appointed
13 as successor standby guardian of the disabled person's person
14 or estate, or both. The designation must be witnessed by 2 or
15 more credible witnesses at least 18 years of age, neither of
16 whom is the person designated as the standby guardian. The
17 designation may be proved by any competent evidence. If the
18 designation is executed and attested in the same manner as a
19 will, it shall have prima facie validity. Prior to
20 designating a proposed standby guardian, the guardian shall
21 consult with the disabled person to determine the disabled
22 person's preference as to the person who will serve as
23 standby guardian. The guardian shall give due consideration
24 to the preference of the disabled person in selecting a
25 standby guardian.
26 (b) Upon the filing of a petition for the appointment of
27 a standby guardian, the court may appoint a standby guardian
28 of the person or estate, or both, of the disabled person as
29 the court finds to be in the best interest of the disabled
30 person. The court shall apply the same standards used in
31 determining the suitability of a plenary or limited guardian
32 in determining the suitability of a standby guardian, giving
33 due consideration to the preference of the disabled person as
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1 to a standby guardian. The court may not appoint the Office
2 of State Guardian, pursuant to Section 30 of the Guardianship
3 and Advocacy Act, or a public guardian, pursuant to Section
4 13-5 of this Act, as a standby guardian, without the written
5 consent of the State Guardian or public guardian or an
6 authorized representative of the State Guardian or public
7 guardian.
8 (c) The standby guardian shall take and file an oath or
9 affirmation that the standby guardian will faithfully
10 discharge the duties of the office of standby guardian
11 according to law, and shall file in and have approved by the
12 court a bond binding the standby guardian so to do, but shall
13 not be required to file a bond until the standby guardian
14 assumes all duties as guardian of the disabled person under
15 Section 11a-18.2.
16 (d) The designation of a standby guardian may, but need
17 not, be in the following form:
18 DESIGNATION OF STANDBY GUARDIAN
19 [IT IS IMPORTANT TO READ THE FOLLOWING INSTRUCTIONS:
20 A standby guardian is someone who has been appointed
21 by the court as the person who will act as guardian of
22 the disabled person when the disabled person's guardian
23 dies or is no longer willing or able to make and carry
24 out day-to-day care decisions concerning the disabled
25 person. By properly completing this form, a guardian is
26 naming the person that the guardian wants to be appointed
27 as the standby guardian of the disabled person. Signing
28 the form does not appoint the standby guardian; to be
29 appointed, a petition must be filed in and approved by
30 the court.]
31 1. Guardian and Ward. I, (insert name of
32 designating guardian), currently residing at (insert
33 address of designating guardian), am the guardian of the
34 following disabled person: (insert name of ward).
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1 2. Standby Guardian. I hereby designate the
2 following person to be appointed as standby guardian for
3 my ward listed above: (insert name and address of person
4 designated).
5 3. Successor Standby Guardian. If the person named
6 in item 2 above cannot or will not act as standby
7 guardian, I designate the following person to be
8 appointed as successor standby guardian for my ward:
9 (insert name and address of person designated).
10 4. Date and Signature. This designation is made
11 this (insert day) day of (insert month and year).
12 Signed: (designating guardian)
13 5. Witnesses. I saw the guardian sign this
14 designation or the guardian told me that the guardian
15 signed this designation. Then I signed the designation as
16 a witness in the presence of the guardian. I am not
17 designated in this instrument to act as a standby
18 guardian for the guardian's ward. (insert space for
19 names, addresses, and signatures of 2 witnesses)
20 (755 ILCS 5/11a-3.2 new)
21 Sec. 11a-3.2. Short-term guardian.
22 (a) The guardian of a disabled person may appoint in
23 writing, without court approval, a short-term guardian of the
24 disabled person to take over the guardian's duties, to the
25 extent provided in Section 11a-18.3, each time the guardian
26 is unavailable or unable to carry out those duties. The
27 guardian shall consult with the disabled person to determine
28 the disabled person's preference concerning the person to be
29 appointed as short-term guardian and the guardian shall give
30 due consideration to the disabled person's preference in
31 choosing a short-term guardian. The written instrument
32 appointing a short-term guardian shall be dated and shall
33 identify the appointing guardian, the disabled person, the
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1 person appointed to be the short-term guardian, and the
2 termination date of the appointment. The written instrument
3 shall be signed by, or at the direction of, the appointing
4 guardian in the presence of at least 2 credible witnesses at
5 least 18 years of age, neither of whom is the person
6 appointed as the short-term guardian. The person appointed as
7 the short-term guardian shall also sign the written
8 instrument, but need not sign at the same time as the
9 appointing guardian. A guardian may not appoint the Office of
10 State Guardian or a public guardian as a short-term guardian,
11 without the written consent of the State Guardian or public
12 guardian or an authorized representative of the State
13 Guardian or public guardian.
14 (b) The appointment of the short-term guardian is
15 effective immediately upon the date the written instrument is
16 executed, unless the written instrument provides for the
17 appointment to become effective upon a later specified date
18 or event. A short-term guardian appointed by the guardian
19 shall have authority to act as guardian of the disabled
20 person for a cumulative total of 60 days during any 12 month
21 period. Only one written instrument appointing a short-term
22 guardian may be in force at any given time.
23 (c) Every appointment of a short-term guardian may be
24 amended or revoked by the appointing guardian at any time and
25 in any manner communicated to the short-term guardian or to
26 any other person. Any person other than the short-term
27 guardian to whom a revocation or amendment is communicated or
28 delivered shall make all reasonable efforts to inform the
29 short-term guardian of that fact as promptly as possible.
30 (d) The appointment of a short-term guardian or
31 successor short-term guardian does not affect the rights in
32 the disabled person of any guardian other than the appointing
33 guardian.
34 (e) The written instrument appointing a short-term
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1 guardian may, but need not, be in the following form:
2 APPOINTMENT OF SHORT-TERM GUARDIAN
3 [IT IS IMPORTANT TO READ THE FOLLOWING INSTRUCTIONS:
4 By properly completing this form, a guardian is
5 appointing a short-term guardian of the disabled person
6 for a cumulative total of up to 60 days during any 12
7 month period. A separate form shall be completed each
8 time a short-term guardian takes over guardianship
9 duties. The person or persons appointed as the
10 short-term guardian shall sign the form, but need not do
11 so at the same time as the guardian.]
12 1. Guardian and Ward. I, (insert name of
13 appointing guardian), currently residing at (insert
14 address of appointing guardian), am the guardian of the
15 following disabled person: (insert name of ward).
16 2. Short-term Guardian. I hereby appoint the
17 following person as the short-term guardian for my ward:
18 (insert name and address of appointed person).
19 3. Effective date. This appointment becomes
20 effective: (check one if you wish it to be applicable)
21 ( ) On the date that I state in writing that I am
22 no longer either willing or able to make and carry out
23 day-to-day care decisions concerning my ward.
24 ( ) On the date that a physician familiar with my
25 condition certifies in writing that I am no longer
26 willing or able to make and carry out day-to-day care
27 decisions concerning my ward.
28 ( ) On the date that I am admitted as an in-patient
29 to a hospital or other health care institution.
30 ( ) On the following date: (insert date).
31 ( ) Other: (insert other).
32 [NOTE: If this item is not completed, the
33 appointment is effective immediately upon the date the
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1 form is signed and dated below.]
2 4. Termination. This appointment shall terminate
3 on: (enter a date corresponding to 60 days from the
4 current date, less the number of days within the past 12
5 months that any short-term guardian has taken over
6 guardianship duties), unless it terminates sooner as
7 determined by the event or date I have indicated below:
8 (check one if you wish it to be applicable)
9 ( ) On the date that I state in writing that I am
10 willing and able to make and carry out day-to-day care
11 decisions concerning my ward.
12 ( ) On the date that a physician familiar with my
13 condition certifies in writing that I am willing and
14 able to make and carry out day-to-day care decisions
15 concerning my ward.
16 ( ) On the date that I am discharged from the
17 hospital or other health care institution where I was
18 admitted as an in-patient, which established the
19 effective date.
20 ( ) On the date which is (state a number of days)
21 days after the effective date.
22 ( ) Other: (insert other).
23 [NOTE: If this item is not completed, the
24 appointment will be effective until the 60th day within
25 the past year during which time any short-term guardian
26 of this ward had taken over guardianship duties from the
27 guardian, beginning on the effective date.]
28 5. Date and signature of appointing guardian. This
29 appointment is made this (insert day) day of (insert
30 month and year).
31 Signed: (appointing guardian)
32 6. Witnesses. I saw the guardian sign this
33 instrument or I saw the guardian direct someone to sign
34 this instrument for the guardian. Then I signed this
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1 instrument as a witness in the presence of the guardian.
2 I am not appointed in this instrument to act as the
3 short-term guardian for the guardian's ward. (insert
4 space for names, addresses, and signatures of 2
5 witnesses)
6 7. Acceptance of short-term guardian. I accept
7 this appointment as short-term guardian on this (insert
8 day) day of (insert month and year).
9 Signed: (short-term guardian)
10 (f) Each time the guardian appoints a short-term
11 guardian, the guardian shall: (i) provide the disabled person
12 with the name, address, and telephone number of the
13 short-term guardian; (ii) advise the disabled person that he
14 has the right to object to the appointment of the short-term
15 guardian by filing a petition in court; and (iii) notify the
16 disabled person when the short-term guardian will be taking
17 over guardianship duties and the length of time that the
18 short-term guardian will be acting as guardian.
19 (755 ILCS 5/11a-8) (from Ch. 110 1/2, par. 11a-8)
20 Sec. 11a-8. Petition.) The petition for adjudication of
21 disability and for the appointment of a guardian of the
22 estate or the person or both of an alleged disabled person
23 must state, if known or reasonably ascertainable: (a) the
24 relationship and interest of the petitioner to the
25 respondent; (b) the name, date of birth, and place of
26 residence of the respondent; (c) the reasons for the
27 guardianship; (d) the name and post office address of the
28 respondent's guardian, if any, or of the respondent's agent
29 or agents appointed under the Illinois Power of Attorney Act,
30 if any; (e) the name and post office addresses of the nearest
31 relatives of the respondent in the following order: (1) the
32 spouse and adult children, parents and adult brothers and
33 sisters, if any; if none, (2) nearest adult kindred known to
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1 the petitioner; (f) the name and address of the person with
2 whom or the facility in which the respondent is residing; (g)
3 the approximate value of the personal and real estate; (h)
4 the amount of the anticipated annual gross income and other
5 receipts; (i) the name, post office address and in case of an
6 individual, the age, relationship to the respondent and
7 occupation of the proposed guardian. In addition, if the
8 petition seeks the appointment of a previously appointed
9 standby guardian as guardian of the disabled person, the
10 petition must also state: (j) the facts concerning the
11 standby guardian's previous appointment and (k) the date of
12 death of the disabled person's guardian or the facts
13 concerning the consent of the disabled person's guardian to
14 the appointment of the standby guardian as guardian, or the
15 willingness and ability of the disabled person's guardian to
16 make and carry out day-to-day care decisions concerning the
17 disabled person. A petition for adjudication of disability
18 and the appointment of a guardian of the estate or the person
19 or both of an alleged disabled person may not be dismissed or
20 withdrawn without leave of the court.
21 (Source: P.A. 89-396, eff. 8-20-95.)
22 (755 ILCS 5/11a-8.1 new)
23 Sec. 11a-8.1. Petition for standby guardian of disabled
24 person. The petition for appointment of a standby guardian
25 of the person or the estate, or both, of a disabled person
26 must state, if known: (a) the name, date of birth, and
27 residence of the disabled person; (b) the names and post
28 office addresses of the nearest relatives of the disabled
29 person in the following order: (1) the spouse and adult
30 children, parents and adult brothers and sisters, if any; if
31 none, (2) nearest adult kindred known to the petitioner; (c)
32 the name and post office address of the person having
33 guardianship of the disabled person, and of any person or
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1 persons acting as agents of the disabled person under the
2 Illinois Power of Attorney Act; (d) the name, post office
3 address, and, in case of any individual, the age and
4 occupation of the proposed standby guardian; (e) the
5 preference of the disabled person as to the choice of standby
6 guardian; (f) the facts concerning the consent of the
7 disabled person's guardian to the appointment of the standby
8 guardian, or the willingness and ability of the disabled
9 person's guardian to make and carry out day-to-day care
10 decisions concerning the disabled person; (g) the facts
11 concerning the execution or admission to probate of the
12 written designation of the standby guardian, if any, a copy
13 of which shall be attached to or filed with the petition; (h)
14 the facts concerning any guardianship court actions pending
15 concerning the disabled person; and (i) the facts concerning
16 the willingness of the proposed standby guardian to serve,
17 and in the case of the Office of State Guardian and any
18 public guardian, evidence of a written acceptance to serve
19 signed by the State Guardian or public guardian or an
20 authorized representative of the State Guardian or public
21 guardian, consistent with subsection (b) of Section 11a-3.1.
22 (755 ILCS 5/11a-10.2 new)
23 Sec. 11a-10.2. Procedure for appointment of a standby
24 guardian or a guardian of a disabled person. In any
25 proceeding for the appointment of a standby guardian or a
26 guardian the court may appoint a guardian ad litem to
27 represent the disabled person in the proceeding.
28 (755 ILCS 5/11a-17) (from Ch. 110 1/2, par. 11a-17)
29 Sec. 11a-17. Duties of personal guardian.
30 (a) To the extent ordered by the court and under the
31 direction of the court, the guardian of the person shall have
32 custody of the ward and the ward's minor and adult dependent
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1 children; shall procure for them and shall make provision for
2 their support, care, comfort, health, education and
3 maintenance, and professional services as are appropriate,
4 but the ward's spouse may not be deprived of the custody and
5 education of the ward's minor and adult dependent children,
6 without the consent of the spouse, unless the court finds
7 that the spouse is not a fit and competent person to have
8 that custody and education. The guardian shall assist the
9 ward in the development of maximum self-reliance and
10 independence. The guardian of the person may petition the
11 court for an order directing the guardian of the estate to
12 pay an amount periodically for the provision of the services
13 specified by the court order. If the ward's estate is
14 insufficient to provide for education and the guardian of the
15 ward's person fails to provide education, the court may award
16 the custody of the ward to some other person for the purpose
17 of providing education. If a person makes a settlement upon
18 or provision for the support or education of a ward, the
19 court may make an order for the visitation of the ward by the
20 person making the settlement or provision as the court deems
21 proper.
22 (b) If the court directs, the guardian of the person
23 shall file with the court at intervals indicated by the
24 court, a report that shall state briefly: (1) the current
25 mental, physical, and social condition of the ward and the
26 ward's minor and adult dependent children; (2) their present
27 living arrangement, and a description and the address of
28 every residence where they lived during the reporting period
29 and the length of stay at each place; (3) a summary of the
30 medical, educational, vocational, and other professional
31 services given to them; (4) a resume of the guardian's visits
32 with and activities on behalf of the ward and the ward's
33 minor and adult dependent children; (5) a recommendation as
34 to the need for continued guardianship; (6) any other
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1 information requested by the court or useful in the opinion
2 of the guardian. The Office of the State Guardian shall
3 assist the guardian in filing the report when requested by
4 the guardian. The court may take such action as it deems
5 appropriate pursuant to the report.
6 (c) Absent court order pursuant to the Illinois Power of
7 Attorney Act directing a guardian to exercise powers of the
8 principal under an agency that survives disability, the
9 guardian has no power, duty, or liability with respect to any
10 personal or health care matters covered by the agency. This
11 subsection (c) applies to all agencies, whenever and wherever
12 executed.
13 (d) A guardian acting as a surrogate decision maker
14 under the Health Care Surrogate Act shall have all the rights
15 of a surrogate under that Act without court order including
16 the right to make medical treatment decisions such as
17 decisions to forgo or withdraw life-sustaining treatment. Any
18 decisions by the guardian to forgo or withdraw
19 life-sustaining treatment that are not authorized under the
20 Health Care Surrogate Act shall require a court order.
21 Nothing in this Section shall prevent an agent acting under a
22 power of attorney for health care from exercising his or her
23 authority under the Illinois Power of Attorney Act without
24 further court order, unless a court has acted under Section
25 2-10 of the Illinois Power of Attorney Act. If a guardian is
26 also a health care agent for the ward under a valid power of
27 attorney for health care, the guardian acting as agent may
28 execute his or her authority under that act without further
29 court order.
30 (e) Decisions made by a guardian on behalf of a ward
31 shall be made in accordance with the following standards for
32 decision making. Decisions made by a guardian on behalf of a
33 ward may be made by conforming as closely as possible to what
34 the ward, if competent, would have done or intended under the
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1 circumstances, taking into account evidence that includes,
2 but is not limited to, the ward's personal, philosophical,
3 religious and moral beliefs, and ethical values relative to
4 the decision to be made by the guardian. Where possible, the
5 guardian shall determine how the ward would have made a
6 decision based on the ward's previously expressed
7 preferences, and make decisions in accordance with the
8 preferences of the ward. If the ward's wishes are unknown and
9 remain unknown after reasonable efforts to discern them, the
10 decision shall be made on the basis of the ward's best
11 interests as determined by the guardian. In determining the
12 ward's best interests, the guardian shall weigh the reason
13 for and nature of the proposed action, the benefit or
14 necessity of the action, the possible risks and other
15 consequences of the proposed action, and any available
16 alternatives and their risks, consequences and benefits, and
17 shall take into account any other information, including the
18 views of family and friends, that the guardian believes the
19 ward would have considered if able to act for herself or
20 himself.
21 (f) Upon petition by any interested person (including
22 the standby or short-term guardian), with such notice to
23 interested persons as the court directs and a finding by the
24 court that it is in the best interest of the disabled person,
25 the court may terminate or limit the authority of a standby
26 or short-term guardian or may enter such other orders as the
27 court deems necessary to provide for the best interest of the
28 disabled person. The petition for termination or limitation
29 of the authority of a standby or short-term guardian may, but
30 need not, be combined with a petition to have another
31 guardian appointed for the disabled person.
32 (Source: P.A. 90-250, eff. 7-29-97.)
33 (755 ILCS 5/11a-18) (from Ch. 110 1/2, par. 11a-18)
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1 Sec. 11a-18. Duties of the estate guardian.
2 (a) To the extent specified in the order establishing
3 the guardianship, the guardian of the estate shall have the
4 care, management and investment of the estate, shall manage
5 the estate frugally and shall apply the income and principal
6 of the estate so far as necessary for the comfort and
7 suitable support and education of the ward, his minor and
8 adult dependent children, and persons related by blood or
9 marriage who are dependent upon or entitled to support from
10 him, or for any other purpose which the court deems to be for
11 the best interests of the ward, and the court may approve the
12 making on behalf of the ward of such agreements as the court
13 determines to be for the ward's best interests. The guardian
14 may make disbursement of his ward's funds and estate directly
15 to the ward or other distributee or in such other manner and
16 in such amounts as the court directs. If the estate of a
17 ward is derived in whole or in part from payments of
18 compensation, adjusted compensation, pension, insurance or
19 other similar benefits made directly to the estate by the
20 Veterans Administration, notice of the application for leave
21 to invest or expend the ward's funds or estate, together with
22 a copy of the petition and proposed order, shall be given to
23 the Veterans' Administration Regional Office in this State at
24 least 7 days before the hearing on the application.
25 (a-5) The probate court, upon petition of a guardian,
26 other than the guardian of a minor, and after notice to all
27 other persons interested as the court directs, may authorize
28 the guardian to exercise any or all powers over the estate
29 and business affairs of the ward that the ward could exercise
30 if present and not under disability. The court may authorize
31 the taking of an action or the application of funds not
32 required for the ward's current and future maintenance and
33 support in any manner approved by the court as being in
34 keeping with the ward's wishes so far as they can be
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1 ascertained. The court must consider the permanence of the
2 ward's disabling condition and the natural objects of the
3 ward's bounty. In ascertaining and carrying out the ward's
4 wishes the court may consider, but shall not be limited to,
5 minimization of State or federal income, estate, or
6 inheritance taxes; and providing gifts to charities,
7 relatives, and friends that would be likely recipients of
8 donations from the ward. The ward's wishes as best they can
9 be ascertained shall be carried out, whether or not tax
10 savings are involved. Actions or applications of funds may
11 include, but shall not be limited to, the following:
12 (1) making gifts of income or principal, or both,
13 of the estate, either outright or in trust;
14 (2) conveying, releasing, or disclaiming his or her
15 contingent and expectant interests in property, including
16 marital property rights and any right of survivorship
17 incident to joint tenancy or tenancy by the entirety;
18 (3) releasing or disclaiming his or her powers as
19 trustee, personal representative, custodian for minors,
20 or guardian;
21 (4) exercising, releasing, or disclaiming his or
22 her powers as donee of a power of appointment;
23 (5) entering into contracts;
24 (6) creating for the benefit of the ward or others,
25 revocable or irrevocable trusts of his or her property
26 that may extend beyond his or her disability or life.
27 (7) exercising options of the ward to purchase or
28 exchange securities or other property;
29 (8) exercising the rights of the ward to elect
30 benefit or payment options, to terminate, to change
31 beneficiaries or ownership, to assign rights, to borrow,
32 or to receive cash value in return for a surrender of
33 rights under any one or more of the following:
34 (i) Life insurance policies, plans, or
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1 benefits.
2 (ii) Annuity policies, plans, or benefits.
3 (iii) Mutual fund and other dividend
4 investment plans.
5 (iv) Retirement, profit sharing, and employee
6 welfare plans and benefits;
7 (9) exercising his or her right to claim or
8 disclaim an elective share in the estate of his or her
9 deceased spouse and to renounce any interest by testate
10 or intestate succession or by inter vivos transfer;
11 (10) changing the ward's residence or domicile; or
12 (11) modifying by means of codicil or trust
13 amendment the terms of the ward's will or any revocable
14 trust created by the ward, as the court may consider
15 advisable in light of changes in applicable tax laws. The
16 guardian in his or her petition shall briefly outline the
17 action or application of funds for which he or she seeks
18 approval, the results expected to be accomplished
19 thereby, and the tax savings, if any, expected to accrue.
20 The proposed action or application of funds may include
21 gifts of the ward's personal property or real estate, but
22 transfers of real estate shall be subject to the
23 requirements of Section 20 of this Act. Gifts may be for
24 the benefit of prospective legatees, devisees, or heirs
25 apparent of the ward or may be made to individuals or
26 charities in which the ward is believed to have an
27 interest. The guardian shall also indicate in the
28 petition that any planned disposition is consistent with
29 the intentions of the ward insofar as they can be
30 ascertained, and if the ward's intentions cannot be
31 ascertained, the ward will be presumed to favor reduction
32 in the incidents of various forms of taxation and the
33 partial distribution of his or her estate as provided in
34 this subsection. The guardian shall not, however, be
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1 required to include as a beneficiary or fiduciary any
2 person who he has reason to believe would be excluded by
3 the ward. A guardian shall be required to investigate
4 and pursue a ward's eligibility for governmental
5 benefits.
6 (b) Upon the direction of the court which issued his
7 letters, a guardian may perform the contracts of his ward
8 which were legally subsisting at the time of the commencement
9 of the ward's disability. The court may authorize the
10 guardian to execute and deliver any bill of sale, deed or
11 other instrument.
12 (c) The guardian of the estate of a ward shall appear
13 for and represent the ward in all legal proceedings unless
14 another person is appointed for that purpose as guardian or
15 next friend. This does not impair the power of any court to
16 appoint a guardian ad litem or next friend to defend the
17 interests of the ward in that court, or to appoint or allow
18 any person as the next friend of a ward to commence,
19 prosecute or defend any proceeding in his behalf. Without
20 impairing the power of the court in any respect, if the
21 guardian of the estate of a ward and another person as next
22 friend shall appear for and represent the ward in a legal
23 proceeding in which the compensation of the attorney or
24 attorneys representing the guardian and next friend is solely
25 determined under a contingent fee arrangement, the guardian
26 of the estate of the ward shall not participate in or have
27 any duty to review the prosecution of the action, to
28 participate in or review the appropriateness of any
29 settlement of the action, or to participate in or review any
30 determination of the appropriateness of any fees awarded to
31 the attorney or attorneys employed in the prosecution of the
32 action.
33 (d) Adjudication of disability shall not revoke or
34 otherwise terminate a trust which is revocable by the ward.
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1 A guardian of the estate shall have no authority to revoke a
2 trust that is revocable by the ward, except that the court
3 may authorize a guardian to revoke a Totten trust or similar
4 deposit or withdrawable capital account in trust to the
5 extent necessary to provide funds for the purposes specified
6 in paragraph (a) of this Section. If the trustee of any
7 trust for the benefit of the ward has discretionary power to
8 apply income or principal for the ward's benefit, the trustee
9 shall not be required to distribute any of the income or
10 principal to the guardian of the ward's estate, but the
11 guardian may bring an action on behalf of the ward to compel
12 the trustee to exercise the trustee's discretion or to seek
13 relief from an abuse of discretion. This paragraph shall not
14 limit the right of a guardian of the estate to receive
15 accountings from the trustee on behalf of the ward.
16 (e) Absent court order pursuant to the "Illinois Power
17 of Attorney Act" enacted by the 85th General Assembly
18 directing a guardian to exercise powers of the principal
19 under an agency that survives disability, the guardian will
20 have no power, duty or liability with respect to any property
21 subject to the agency. This subsection (e) applies to all
22 agencies, whenever and wherever executed.
23 (f) Upon petition by any interested person (including
24 the standby or short-term guardian), with such notice to
25 interested persons as the court directs and a finding by the
26 court that it is in the best interest of the disabled person,
27 the court may terminate or limit the authority of a standby
28 or short-term guardian or may enter such other orders as the
29 court deems necessary to provide for the best interest of the
30 disabled person. The petition for termination or limitation
31 of the authority of a standby or short-term guardian may, but
32 need not, be combined with a petition to have another
33 guardian appointed for the disabled person.
34 (Source: P.A. 89-672, eff. 8-14-96; 90-345, eff. 8-8-97.)
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1 (755 ILCS 5/11a-18.2 new)
2 Sec. 11a-18.2. Duties of standby guardian of a disabled
3 person.
4 (a) Before a standby guardian of a disabled person may
5 act, the standby guardian must be appointed by the court of
6 the proper county and, in the case of a standby guardian of
7 the disabled person's estate, the standby guardian must give
8 the bond prescribed in subsection (c) of Section 11a-3.1 and
9 Section 12-2.
10 (b) The standby guardian shall not have any duties or
11 authority to act until the standby guardian receives
12 knowledge of the death or consent of the disabled person's
13 guardian, or the inability of the disabled person's guardian
14 to make and carry out day-to-day care decisions concerning
15 the disabled person for whom the standby guardian has been
16 appointed. This inability of the disabled person's guardian
17 to make and carry out day-to-day care decisions may be
18 communicated either by the guardian's own admission or by the
19 written certification of the guardian's attending physician.
20 Immediately upon receipt of that knowledge, the standby
21 guardian shall assume all duties as guardian of the disabled
22 person as previously determined by the order appointing the
23 standby guardian, and as set forth in Sections 11a-17 and
24 11a-18, and the standby guardian of the person shall have the
25 authority to act as guardian of the person without direction
26 of court for a period of up to 60 days, provided that the
27 authority of the standby guardian may be limited or
28 terminated by a court of competent jurisdiction.
29 (c) Within 60 days of the standby guardian's receipt of
30 knowledge of the death or consent of the disabled person's
31 guardian, or the inability of the disabled person's guardian
32 to make and carry out day-to-day care decisions concerning
33 the disabled person, the standby guardian shall file or cause
34 to be filed a petition for the appointment of a guardian of
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1 the person or estate, or both, of the disabled person under
2 Section 11a-3.
3 (755 ILCS 5/11a-18.3 new)
4 Sec. 11a-18.3. Duties of short-term guardian of a
5 disabled person.
6 (a) Immediately upon the effective date of the
7 appointment of a short-term guardian, the short-term guardian
8 shall assume all duties as short-term guardian of the
9 disabled person as provided in this Section. The short-term
10 guardian of the person shall have authority to act as
11 short-term guardian, without direction of the court, for the
12 duration of the appointment, which in no case shall exceed a
13 cumulative total of 60 days in any 12 month period for all
14 short-term guardians appointed by the guardian. The authority
15 of the short-term guardian may be limited or terminated by a
16 court of competent jurisdiction.
17 (b) Unless further specifically limited by the
18 instrument appointing the short-term guardian, a short-term
19 guardian shall have the authority to act as a guardian of the
20 person of a disabled person as prescribed in Section 11a-17,
21 but shall not have any authority to act as guardian of the
22 estate of a disabled person, except that a short-term
23 guardian shall have the authority to apply for and receive on
24 behalf of the disabled person benefits to which the disabled
25 person may be entitled from or under federal, State, or local
26 organizations or programs.
27 (755 ILCS 5/11a-23)
28 Sec. 11a-23. Reliance on authority of guardian, standby
29 guardian, short-term guardian.
30 (a) For the purpose of this Section, "guardian",
31 "standby guardian", and "short-term guardian" includes
32 temporary, plenary, or limited guardians of all wards.
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1 (b) Every health care provider and other person
2 (reliant) has the right to rely on any decision or direction
3 made by the guardian, standby guardian, or short-term
4 guardian that is not clearly contrary to the law, to the same
5 extent and with the same effect as though the decision or
6 direction had been made or given by the ward. Any person
7 dealing with the guardian, standby guardian, or short-term
8 guardian may presume in the absence of actual knowledge to
9 the contrary that the acts of the guardian, standby guardian,
10 or short-term guardian conform to the provisions of the law.
11 A reliant shall not be protected if the reliant has actual
12 knowledge that the guardian, standby guardian, or short-term
13 guardian is not entitled to act or that any particular action
14 or inaction is contrary to the provisions of the law.
15 (c) A health care provider (provider) who relies on and
16 carries out a guardian's, standby guardian's, or short-term
17 guardian's directions and who acts with due care and in
18 accordance with the law shall not be subject to any claim
19 based on lack of consent, or to criminal prosecution, or to
20 discipline for unprofessional conduct. Nothing in this
21 Section shall be deemed to protect a provider from liability
22 for the provider's own negligence in the performance of the
23 provider's duties or in carrying out any instructions of the
24 guardian, standby guardian, or short-term guardian, and
25 nothing in this Section shall be deemed to alter the law of
26 negligence as it applies to the acts of any guardian or
27 provider.
28 (d) A guardian, standby guardian, or short term
29 guardian, who acts or refrains from acting is not subject to
30 criminal prosecution or any claim based upon lack of his or
31 her authority or failure to act, if the act or failure to act
32 was with due care and in accordance with law. The guardian,
33 standby guardian, or short term guardian, shall not be liable
34 merely because he or she may benefit from the act, has
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1 individual or conflicting interests in relation to the care
2 and affairs of the ward, or acts in a different manner with
3 respect to the guardian's, standby guardian's, or short-term
4 guardian's own care or interests.
5 (Source: P.A. 89-438, eff. 12-15-95.)
6 (755 ILCS 5/12-2) (from Ch. 110 1/2, par. 12-2)
7 Sec. 12-2. Individual representative; oath and bond.
8 (a) Except as provided in subsection (b), before
9 undertaking the representative's duties, every individual
10 representative shall take and file an oath or affirmation
11 that the individual will faithfully discharge the duties of
12 the office of the representative according to law and shall
13 file in and have approved by the court a bond binding the
14 individual representative so to do. The court may waive the
15 filing of a bond of a representative of the person of a ward
16 or of a standby guardian of a minor or disabled person.
17 (b) Where bond or security is excused by the will or as
18 provided in subsection (b) of Section 12-4, the bond of the
19 representative in the amount from time to time required under
20 this Article shall be in full force and effect without
21 writing, unless the court requires the filing of a written
22 bond.
23 (Source: P.A. 88-529.)
24 (755 ILCS 5/21-2) (from Ch. 110 1/2, par. 21-2)
25 Sec. 21-2. Investments; Ward's Estate.)
26 (a) It is the duty of the representative to invest the
27 ward's money. A representative is chargeable with interest
28 at a rate equal to the rate on 90-day United States Treasury
29 Bills upon any money that the representative which he
30 wrongfully or negligently allows to remain in his hands
31 uninvested after it might have been invested. Reasonable
32 sums of money retained uninvested by the representative in
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1 order to pay for the current or imminent expenses of the ward
2 shall not be considered wrongfully or negligently uninvested.
3 (b) Upon receiving the approval of the court, a
4 representative may hold any investments, or any increase
5 thereof, received by the representative him at the time of
6 the representative's his appointment or acquired by the ward,
7 although the investment is not otherwise authorized under
8 this Act, and the court has power to direct the
9 representative in connection therewith.
10 (c) A representative may invest only in the types of
11 property specified in Sections 21-2.01 through 21-2.15.
12 (Source: P.A. 84-494.)
13 (755 ILCS 5/21-2.04) (from Ch. 110 1/2, par. 21-2.04)
14 Sec. 21-2.04. Insured accounts, deposits, and
15 certificates. Withdrawable capital accounts, deposits,
16 investment certificates or certificates of deposit of state
17 and federal savings and loan associations but, unless
18 otherwise authorized by a court of competent jurisdiction,
19 only to the extent that the accounts, deposits or
20 certificates are insured by the United States or any of its
21 agencies Federal Savings and Loan Insurance Corporation, and
22 share accounts in federal and state credit unions if the
23 credit unions are insured by the National Credit Union
24 Administration. Amounts invested in a savings and loan
25 association in excess of the amount insured by the United
26 States or any of its agencies Federal Savings and Loan
27 Insurance Corporation shall be secured by a surety bond taken
28 from a surety authorized to transact business in this State
29 in such sum, under such conditions, and with such security
30 sufficient to save the estate from loss.
31 (Source: P.A. 81-0391; 81-0403; 81-1509.)
32 (755 ILCS 5/21-2.05) (from Ch. 110 1/2, par. 21-2.05)
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1 Sec. 21-2.05. Municipal bonds. Instruments providing for
2 the payment of money executed by or on behalf of any state of
3 the United States or the District of Columbia or any
4 governmental entity organized by or under the laws of any
5 state of the United States or the District of Columbia, to
6 carry out a public governmental or proprietary function,
7 acting through its corporate authorities, or that any
8 governmental entity has assumed or agreed to pay and that, at
9 the time of investment, have been given one of the top 4
10 rating grades by a nationally recognized rating service. The
11 direct obligations of any state, county, city, town, village,
12 school district, municipality and any political subdivision
13 of any of them, located in any state of the United States or
14 the District of Columbia, if the total direct obligations of
15 that state, county, city, town, village, school district,
16 municipality or political subdivision does not exceed 5 per
17 cent of the assessed valuation of property for taxation at
18 the time of the investment, but no investment may be made in
19 obligations of any state, county, city, town, village, school
20 district, municipality or political subdivision which has
21 defaulted in a payment of principal or interest on any of its
22 bonded debt during the period of 5 years prior to the making
23 of the investment.
24 (Source: P.A. 79-328.)
25 (755 ILCS 5/21-2.07) (from Ch. 110 1/2, par. 21-2.07)
26 Sec. 21-2.07. Notes secured by real estate. All of the
27 notes secured by a first mortgage or trust deed upon improved
28 or income producing real estate situated in this State and
29 not exceeding two-thirds 1/2 of the value thereof at the time
30 of the investment.
31 (Source: P.A. 79-328.)
32 (755 ILCS 5/21-2.08) (from Ch. 110 1/2, par. 21-2.08)
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1 Sec. 21-2.08. Corporate obligations. Obligations of any
2 company incorporated under the laws of the United States or
3 of any state of the United States or the District of Columbia
4 that, at the time of investment, have been given one of the
5 top 4 rating grades by a nationally recognized rating service
6 which are or have been a part of an issue of not less than
7 $3,000,000.
8 (Source: P.A. 79-328.)
9 (755 ILCS 5/21-2.11) (from Ch. 110 1/2, par. 21-2.11)
10 Sec. 21-2.11. Life, endowment, or annuity policies.
11 Life, endowment, or annuity policies on upon the life of the
12 ward, or on the life of any person in whose life the ward has
13 an insurable interest, if the ward is the beneficiary, when
14 the policies of insurance are issued by companies,
15 associations or fraternal organizations that, at the time of
16 investment, have been given one of the top 4 rating grades by
17 a nationally recognized rating service licensed to engage in
18 the business of insurance in this State. The order may
19 authorize the payment of annual premiums without further
20 application to the court.
21 (Source: P.A. 79-328.)
22 (755 ILCS 5/21-2.12) (from Ch. 110 1/2, par. 21-2.12)
23 Sec. 21-2.12. Stock. Preferred and common Shares of any
24 corporation with a market capitalization of over $200,000,000
25 if organized under the laws of the United States or any state
26 thereof or of the District of Columbia if:
27 (a) in the case of preferred shares, the issuing
28 corporation has earned a net profit in 8 of the preceding 10
29 fiscal years as reflected in its statements and during each
30 of the preceding 10 fiscal years has paid dividends in the
31 specified amounts upon all of its preferred shares, if any,
32 outstanding during such year and has no dividend arrearages
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1 on its preferred shares outstanding at the date of purchase;
2 (b) in the case of common shares, the issuing
3 corporation has earned a net profit in 8 of the preceding 10
4 fiscal years as reflected in its statements and during each
5 of the preceding 10 years has paid dividends in the specified
6 amounts upon all its preferred shares, if any, outstanding
7 during such year and in each of at least 8 of the preceding
8 10 fiscal years, including the preceding 5 fiscal years, has
9 paid dividends in some amount upon all its common shares, if
10 any, outstanding during such years;
11 (c) in the case of any shares, except shares of an
12 investment company or investment trust, the shares are fully
13 listed and registered on upon an exchange registered with the
14 Securities and Exchange Commission as a national securities
15 exchange or an electronic securities quotation system
16 regulated by the Securities and Exchange Commission.
17 If a corporation has acquired a substantial part of its
18 property within 10 years immediately preceding the investment
19 by consolidation or merger or by the purchase of a
20 substantial part of the property of any other corporation,
21 the earnings of the predecessor or constituent corporations
22 shall be consolidated for the purpose of ascertaining whether
23 the requirements of this Section have been satisfied.
24 As used in this Section, "corporation" includes an
25 open-end or closed-end management type investment company or
26 investment trust which is registered with, and regulated by,
27 the Securities and Exchange Commission, which has no
28 preferred shares, bonds, loans or any other outstanding
29 securities having preference or priority as to assets or
30 earnings over its common shares, and which has net assets of
31 not less than $10,000,000 at the date of purchase, and
32 "common shares" includes shares, units or certificates of
33 beneficial interest or trust participation certificates
34 issued by an investment company or investment trust.
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1 No investment in preferred or common shares of a
2 corporation may be made under this Section that which, at the
3 time such investment is made, would cause the market value of
4 all stock held in the ward's estate preferred and common
5 shares to exceed two-thirds 1/2 of the market value of the
6 estate then held by the representative.
7 (Source: P.A. 79-328.)
8 (755 ILCS 5/21-2.13) (from Ch. 110 1/2, par. 21-2.13)
9 Sec. 21-2.13. Common trust funds. Interests in one or
10 more common trust funds, as defined in and from time to time
11 established, maintained and administered pursuant to the
12 Common Trust Fund Act, the Investments of which are not
13 restricted to the investments otherwise authorized for
14 representatives by Sections 21-2.01 through 21-2.12 and
15 21-2.14 of this Act, provided that the investment in such
16 common trust fund meets the standard of the prudent investor
17 person rule for the investment of trust funds.
18 (Source: P.A. 84-494.)
19 (755 ILCS 5/21-2.09 rep.)
20 (755 ILCS 5/21-2.13a rep.)
21 Section 10. The Probate Act of 1975 is amended by
22 repealing Sections 21-2.09 and 21-2.13a.
23 Section 15. The Statute Concerning Perpetuities is
24 amended by changing Sections 3 and 4 as follows:
25 (765 ILCS 305/3) (from Ch. 30, par. 193)
26 Sec. 3. Definitions and Terms.
27 As used in this Act unless the context otherwise
28 requires:
29 (a) "Trust" means any trust created by any written
30 instrument, including, without limitation, a trust created by
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1 in the exercise of a power of appointment.
2 (a-5) "Qualified perpetual trust" means any trust
3 created by any written instrument executed on or after
4 January 1, 1998, including an amendment to an instrument in
5 existence prior to that date and the exercise of a power of
6 appointment granted by an instrument executed or amended on
7 or after that date:
8 (i) to which, by the specific terms governing the
9 trust, the rule against perpetuities does not apply; and
10 (ii) the power of which the trustee (or other
11 person to whom the power is properly granted or
12 delegated) to sell property of which is not limited by
13 the governing trust instrument has the power in the trust
14 document or under any provision of law to sell, lease, or
15 mortgage property for any period of time beyond the
16 period of the rule against perpetuities.
17 (b) "Trustee" includes the original trustee of any trust
18 and also any succeeding or added trustee.
19 (c) "Instrument" means any writing pursuant to which any
20 legal or equitable interest in property or in the income
21 therefrom is affected, disposed of or created.
22 (d) "Beneficiary" includes any person to whom any
23 interest, whether vested or contingent, is given by an
24 instrument.
25 (e) Any reference in this Act to income to be "paid" or
26 to income "payments" or to "receiving" income includes income
27 payable or distributable to or applicable for the benefit of
28 a beneficiary.
29 (f) Words importing the masculine gender include the
30 feminine and neuter, and words importing the singular number
31 include the plural and words importing the plural number
32 include the singular.
33 (Source: P.A. 90-472, eff. 8-17-97.)
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1 (765 ILCS 305/4) (from Ch. 30, par. 194)
2 Sec. 4. Application of the Rule Against Perpetuities.
3 (a) The rule against perpetuities shall not apply:
4 (1) to any disposition of property or interest therein
5 which, at the effective date of this Act, does not violate,
6 or is exempted by statute from the operation of, the common
7 law rule against perpetuities;
8 (2) to powers of a trustee to sell, lease or mortgage
9 property or to powers which relate to the administration or
10 management of trust assets, including, without limitation,
11 discretionary powers of a trustee to determine what receipts
12 constitute principal and what receipts constitute income and
13 powers to appoint a successor trustee;
14 (3) to mandatory powers of a trustee to distribute
15 income, or to discretionary powers of a trustee to distribute
16 principal prior to termination of a trust, to a beneficiary
17 having an interest in the principal which is irrevocably
18 vested in quality and quantity;
19 (4) to discretionary powers of a trustee to allocate
20 income and principal among beneficiaries, but no exercise of
21 any such power after the expiration of the period of the rule
22 against perpetuities is valid;
23 (5) to leases to commence in the future or upon the
24 happening of a future event, but no such lease shall be valid
25 unless the term thereof actually commences in possession
26 within 40 years from the date of execution of the lease;
27 (6) to commitments (A) by a lessor to enter into a lease
28 with a subtenant or with the holder of a leasehold mortgage
29 or (B) by a lessee or sublessee to enter into a lease with
30 the holder of a mortgage;
31 (7) to options in gross or to preemptive rights in the
32 nature of a right of first refusal, but no option in gross
33 shall be valid for more than 40 years from the date of its
34 creation; or
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1 (8) to qualified perpetual trusts as defined in Section
2 3 of this Act created by will or inter-vivos agreement
3 executed or amended on or after January 1, 1998, or to
4 qualified perpetual trusts created by exercise of a power of
5 appointment granted under instruments executed or amended on
6 or after January 1, 1998.
7 (b) The period of the rule against perpetuities shall
8 not commence to run in connection with any disposition of
9 property or interest therein, and no instrument shall be
10 regarded as becoming effective for purposes of the rule
11 against perpetuities, and no interest or power shall be
12 deemed to be created for purposes of the rule against
13 perpetuities as long as, by the terms of the instrument, the
14 maker of the instrument has the power to revoke the
15 instrument or to transfer or direct to be transferred to
16 himself the entire legal and equitable ownership of the
17 property or interest therein.
18 (c) In determining whether an interest violates the rule
19 against perpetuities:
20 (1) it shall be presumed (A) that the interest was
21 intended to be valid, (B) in the case of an interest
22 conditioned upon the probate of a will, the appointment of an
23 executor, administrator or trustee, the completion of the
24 administration of an estate, the payment of debts, the sale
25 or distribution of property, the determination of federal or
26 state tax liabilities or the happening of any administrative
27 contingency, that the contingency must occur, if at all,
28 within the period of the rule against perpetuities, and (C)
29 where the instrument creates an interest in the "widow",
30 "widower", or "spouse" of another person, that the maker of
31 the instrument intended to refer to a person who was living
32 at the date that the period of the rule against perpetuities
33 commences to run;
34 (2) where any interest, but for this subparagraph (c)
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1 (2), would be invalid because it is made to depend upon any
2 person attaining or failing to attain an age in excess of 21
3 years, the age specified shall be reduced to 21 years as to
4 every person to whom the age contingency applies;
5 (3) if, notwithstanding the provisions of subparagraphs
6 (c) (1) and (2) of this Section, the validity of any interest
7 depends upon the possibility of the birth or adoption of a
8 child, (A) no person shall be deemed capable of having a
9 child until he has attained the age of 13 years, (B) any
10 person who has attained the age of 65 years shall be deemed
11 incapable of having a child, (C) evidence shall be admissible
12 as to the incapacity of having a child by a living person who
13 has not attained the age of 65 years, and (D) the possibility
14 of having a child or more remote descendant by adoption shall
15 be disregarded.
16 (d) Subparagraphs (a) (2), (3) and (6) and paragraph (b)
17 of this Section shall be deemed to be declaratory of the law
18 prevailing in this State at the effective date of this Act.
19 (Source: P.A. 90-472, eff. 8-17-97.)
20 Section 17. The Trust Accumulation Act is amended by
21 changing Section 1 as follows:
22 (765 ILCS 315/1) (from Ch. 30, par. 153)
23 Sec. 1. No person shall, after this Act goes into effect,
24 by any deed, will, agreement or otherwise, settle or dispose
25 of any real or personal property, so and in such manner,
26 either expressly or by implication, that the income thereof
27 shall be wholly or partially accumulated for any longer term
28 after the effective date of such settlement or disposition
29 than a life or lives in being at that date and 21 years
30 beyond; and in every case where any accumulation shall be
31 directed otherwise, such direction shall be null and void,
32 and the income of such property so directed to be
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1 accumulated, shall, so long as the same shall be directed to
2 be accumulated contrary to the provisions of this Act, go to
3 and be received by the person in whom the beneficial interest
4 in the corpus of the estate from which such income was
5 derived is vested. This Section does not apply to trusts to
6 which Section 5 of the Statute Concerning Perpetuities
7 applies, to qualified perpetual trusts as defined in Section
8 3 of the Statute Concerning Perpetuities, to trusts created
9 for the purpose of care of burial places, and or to trusts
10 created as part of a plan for the benefit of some or all of
11 the employes of one or more employers, including but without
12 limitation, a stock bonus, pension, disability, death
13 benefit, profit sharing, unemployment benefit or other plan,
14 for the purpose of distributing for the benefit of such
15 employes, including their beneficiaries, the earnings or the
16 principal, or both earnings and principal, of the fund so
17 held in trust. Nothing in this Act shall be deemed to affect
18 or modify in any manner the rule of property known as the
19 "rule against perpetuities". For purposes of this Act no
20 settlement or disposition shall be deemed effective as long
21 as, by the terms of the instrument creating it, the maker of
22 the instrument has the power to revoke the instrument or to
23 transfer or direct to be transferred to himself the entire
24 legal and equitable ownership of the property which is the
25 subject matter of the settlement or disposition.
26 The amendatory Act of 1953 applies only to deeds or
27 agreements inter vivos which become legally effective on or
28 after July 1, 1953, and only to wills of testators dying on
29 or after such date.
30 The amendatory Act of 1957 applies only to instruments
31 which become effective after July 1, 1957.
32 This amendatory Act of 1969 applies only to instruments
33 which become effective after the effective date of this
34 amendatory Act of 1969, but the last sentence of the first
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1 paragraph of this amendatory Act of 1969 shall be deemed to
2 be declaratory of the law prevailing in this state at the
3 effective date of this amendatory Act of 1969.
4 (Source: P.A. 90-472, eff. 8-17-97.)
5 Section 20. The Uniform Disposition of Unclaimed
6 Property Act is amended by changing Section 2 as follows:
7 (765 ILCS 1025/2) (from Ch. 141, par. 102)
8 Sec. 2. The following property held or owing by a
9 banking or financial organization is presumed abandoned:
10 (a) Any demand, savings, or matured time deposit with a
11 banking organization, together with any interest or dividend
12 thereon, excluding any charges that may lawfully be withheld,
13 unless the owner has, within 5 years:
14 (1) Increased or decreased the amount of the
15 deposit, or presented the passbook or other similar
16 evidence of the deposit for the crediting of interest; or
17 (2) Corresponded in writing with the banking
18 organization concerning the deposit; or
19 (3) Otherwise indicated an interest in the deposit
20 as evidenced by a memorandum on file with the banking
21 organization.
22 (b) Any funds paid toward the purchase of withdrawable
23 shares or other interest in a financial organization, or any
24 deposit made, and any interest or dividends thereon,
25 excluding any charges that may be lawfully withheld, unless
26 the owner has within 5 years:
27 (1) Increased or decreased the amount of the funds,
28 or deposit, or presented an appropriate record for the
29 crediting of interest or dividends; or
30 (2) Corresponded in writing with the financial
31 organization concerning the funds or deposit; or
32 (3) Otherwise indicated an interest in the funds or
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1 deposit as evidenced by a memorandum on file with the
2 financial organization.
3 (c) Any sum payable on checks or on written instruments
4 on which a banking or financial organization or business
5 association is directly liable including, by way of
6 illustration but not of limitation, certificates of deposit,
7 drafts, money orders and travelers checks, that with the
8 exception of travelers checks has been outstanding for more
9 than 5 years from the date it was payable, or from the date
10 of its issuance if payable on demand, or, in the case of
11 travelers checks, that has been outstanding for more than 15
12 years from the date of its issuance, unless the owner has
13 within 5 years or within 15 years in the case of travelers
14 checks corresponded in writing with the banking or financial
15 organization or business association concerning it, or
16 otherwise indicated an interest as evidenced by a memorandum
17 on file with the banking or financial organization or
18 business association.
19 (d) Any funds or other personal property, tangible or
20 intangible, removed from a safe deposit box or any other
21 safekeeping repository or agency or collateral deposit box on
22 which the lease or rental period has expired due to
23 nonpayment of rental charges or other reason, or any surplus
24 amounts arising from the sale thereof pursuant to law, that
25 have been unclaimed by the owner for more than 5 years from
26 the date on which the lease or rental period expired,
27 subject to lien of the holder for reimbursement of costs
28 incurred in the opening of a safe deposit box as determined
29 by the holder's regular schedule of charges.
30 (e) Notwithstanding any other provision of this Section,
31 no deposit except passbook, checking, NOW accounts, super NOW
32 accounts, money market accounts, or such similar accounts as
33 established by Rule of the Director, held by a banking or
34 financial organization shall be presumed abandoned if with
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1 respect to such a deposit which specifies a definite maturity
2 date, such organization was authorized in writing to extend
3 or rollover the account for an additional like period and
4 such organization does so extend. Such deposits are not
5 presumed abandoned less than 5 years from that final maturity
6 date. Property of any kind held in an individual retirement
7 account (IRA) is not presumed abandoned earlier than 5 years
8 after the owner attains the age at which distributions from
9 the account become mandatory under law.
10 (f) Notwithstanding any other provision of this Section,
11 money of a minor deposited pursuant to Section 24-21 of the
12 Probate Act of 1975 shall not be presumed abandoned earlier
13 than 5 years after the minor attains legal age.
14 (Source: P.A. 89-604, eff. 8-2-96; 90-167, eff. 7-23-97.)
15 Section 99. Effective date. This Act takes effect
16 September 1, 1998.".