State of Illinois
92nd General Assembly
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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.".

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