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92_SB1949sam001 LRB9216014LBpram01 1 AMENDMENT TO SENATE BILL 1949 2 AMENDMENT NO. . Amend Senate Bill 1949 by replacing 3 everything after the enacting clause with the following: 4 "Section 5. The Probate Act of 1975 is amended by 5 changing Section 13-5 as follows: 6 (755 ILCS 5/13-5) (from Ch. 110 1/2, par. 13-5) 7 Sec. 13-5. Powers and duties of public guardian.) The 8 court may appoint the public guardian as the guardian of any 9 disabled adult who is in need of a public guardian and whose 10 estate exceeds $25,000. When a disabled adult who has a 11 smaller estate is in need of guardianship services, the court 12 shall appoint the State guardian pursuant to Section 30 of 13 the Guardianship and Advocacy Act. If the public guardian is 14 appointed guardian of a disabled adult and the estate of the 15 disabled adult is thereafter reduced to less than $25,000, 16 the court may, upon the petition of the public guardian and 17 the approval by the court of a final accounting of the 18 disabled adult's estate, discharge the public guardian and 19 transfer the guardianship to the State guardian. The public 20 guardian shall serve not less than 14 days' notice to the 21 State guardian of the hearing date regarding the transfer. 22 When appointed by the court, the public guardian has the same -2- LRB9216014LBpram01 1 powers and duties as other guardians appointed under this 2 Act, with the following additions and modifications: 3 (a) The public guardian shall monitor the ward and his 4 care and progress on a continuous basis. Monitoring shall at 5 minimum consist of monthly contact with the ward, and the 6 receipt of periodic reports from all individuals and 7 agencies, public or private, providing care or related 8 services to the ward. 9 (b) Placement of a ward outside of the ward's home may 10 be made only after the public guardian or his representative 11 has visited the facility in which placement is proposed. 12 (c) The public guardian shall prepare an inventory of 13 the ward's belongings and assets and shall maintain insurance 14 on all of the ward's real and personal property. No personal 15 property shall be removed from the ward's possession except 16 for storage pending final placement or for liquidation in 17 accordance with this Act. 18 (d) The public guardian shall make no substantial 19 distribution of the ward's estate without a court order. 20 (e) The public guardian may liquidate assets of the ward 21 to pay for the costs of the ward's care and for storage of 22 the ward's personal property only after notice of such 23 pending action is given to all potential heirs at law, unless 24 notice is waived by the court; provided, however, that a 25 person who has been so notified may elect to pay for care or 26 storage or to pay fair market value of the asset or assets 27 sought to be sold in lieu of liquidation. 28 (f) Real property of the ward may be sold at fair market 29 value after an appraisal of the property has been made by a 30 licensed appraiser; provided, however, that the ward's 31 residence may be sold only if the court finds that the ward 32 is not likely to be able to return home at a future date. 33 (g) The public guardian shall, at such intervals as the 34 court may direct, submit to the court an affidavit setting -3- LRB9216014LBpram01 1 forth in detail the services he has provided for the benefit 2 of the ward. The court shall set reasonable and appropriate 3 fees for such services. The public guardian may petition the 4 court for the payment of reasonable and appropriate fees on 5 not less than a quarterly basis, or sooner as approved by the 6 court. 7 (h) Upon the death of the ward, the public guardian 8 shall turn over to the court-appointed administrator all of 9 the ward's assets and an account of his receipt and 10 administration of the ward's property. A guardian ad litem 11 shall be appointed for an accounting when the estate exceeds 12 the amount set in Section 25-1 of this Act for administration 13 of small estates. 14 (i) (1) On petition of any person who appears to have an 15 interest in the estate, the court by temporary order may 16 restrain the public guardian from performing specified 17 acts of administration, disbursement or distribution, or 18 from exercise of any powers or discharge of any duties of 19 his office, or make any other order to secure proper 20 performance of his duty, if it appears to the court that 21 the public guardian might otherwise take some action 22 contrary to the best interests of the ward. Persons with 23 whom the public guardian may transact business may be 24 made parties. 25 (2) The matter shall be set for hearing within 10 26 days unless the parties otherwise agree or unless for 27 good cause shown the court determines that additional 28 time is required. Notice as the court directs shall be 29 given to the public guardian and his attorney of record, 30 if any, and to any other parties named defendant in the 31 petition. 32 (j) On petition of the public guardian, the court in its 33 discretion may for good cause shown transfer guardianship to 34 the State guardian. -4- LRB9216014LBpram01 1 (k) No later than January 31 of each year, the public 2 guardian shall file an annual report with the clerk of the 3 Circuit Court, indicating, with respect to the period covered 4 by the report, the number of cases which he has handled, the 5 date on which each case was assigned, the date of termination 6 of each case which has been closed during the period, the 7 disposition of each terminated case, and the total amount of 8 fees collected during the period from each ward. 9 (l) When the public guardian is appointed temporary 10 guardian of a disabled adult pursuant to an emergency 11 petition under circumstances where the court finds that the 12 immediate establishment of a temporary guardianship is 13 necessary to protect the disabled adult's health, welfare, or 14 estate, the public guardian shall be entitled to reasonable 15 and appropriate fees, as determined by the court, for the 16 period of the temporary guardianship, including fees directly 17 associated with establishing the temporary guardianship. 18 (Source: P.A. 87-287.) 19 Section 99. Effective date. This Act takes effect upon 20 becoming law.".