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| Public Act 096-0752 |
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Probate Act of 1975 is amended by changing | ||||
Sections 13-1, 13-3.1, and 13-5 and by adding Section 13-1.2 as | ||||
follows:
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(755 ILCS 5/13-1) (from Ch. 110 1/2, par. 13-1)
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Sec. 13-1.
Appointment and term of public administrator and | ||||
public guardian.)
Except as provided in Section 13-1.1, before | ||||
the first Monday of December,
1977 and every 4 years | ||||
thereafter, and as often as vacancies occur, the
Governor, by | ||||
and with the advice and consent of the Senate, shall
appoint in | ||||
each county a suitable person to serve as public
administrator | ||||
and a suitable person to serve as public guardian of the | ||||
county.
The Governor may appoint the same person to serve as | ||||
public guardian and public administrator in one or more | ||||
counties. In considering the number of counties of service for | ||||
any prospective public guardian or public administrator the | ||||
Governor may consider the population of the county and the | ||||
ability of the prospective public guardian or public | ||||
administrator to travel to multiple counties and manage estates | ||||
in multiple counties. Each person so appointed holds his office | ||||
for
4 years from the first Monday of December, 1977 and every 4 | ||||
years
thereafter or until his successor is appointed and | ||
qualified.
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(Source: P.A. 81-1052.)
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(755 ILCS 5/13-1.2 new) | ||
Sec. 13-1.2. Certification requirement. Each person | ||
appointed as a public guardian by the Governor shall be | ||
certified as a National Certified Guardian by the Center for | ||
Guardianship Certification within 6 months after his or her | ||
appointment. The Guardianship and Advocacy Commission shall | ||
provide public guardians with professional training | ||
opportunities and facilitate testing and certification | ||
opportunities at locations in Springfield and Chicago with the | ||
Center for Guardianship Certification. The cost of | ||
certification shall be considered an expense connected with the | ||
operation of the public guardian's office within the meaning of | ||
subsection (b) of Section 13-3.1 of this Article.
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(755 ILCS 5/13-3.1) (from Ch. 110 1/2, par. 13-3.1)
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Sec. 13-3.1.
(a) Compensation of public guardian.) In | ||
counties having a population
in excess of 1,000,000 the public | ||
guardian shall be paid an annual salary,
to be set by the | ||
County Board at a figure not to exceed the salary of the
public | ||
defender for the county. All expenses connected with the | ||
operation
of the office shall be subject to the approval of the | ||
County Board and shall
be paid from the county treasury. All | ||
fees collected shall be paid into
the county treasury.
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(b) In counties having a population of 1,000,000 or less | ||
the public guardian shall receive all the fees of his office | ||
and bear the expenses connected with the operation of the | ||
office. A public guardian shall be entitled to reasonable and | ||
appropriate compensation for services related to guardianship | ||
duties but all fees must be reviewed and approved by the court. | ||
A public guardian may petition the court for the payment of | ||
reasonable and appropriate fees. In counties having a | ||
population of 1,000,000 or less, the public guardian shall do | ||
so on not less than a yearly basis, or sooner as approved by | ||
the court. Any fees or expenses charged by a public guardian | ||
shall be documented through billings and maintained by the | ||
guardian and supplied to the court for review. In considering | ||
the reasonableness of any fee petition brought by a public | ||
guardian under this Section, the court shall consider the | ||
following: | ||
(1) the powers and duties assigned to the public | ||
guardian by the court; | ||
(2) the necessity of any services provided; | ||
(3) the time required, the degree of difficulty, and | ||
the experience needed to complete the task; | ||
(4) the needs of the ward and the costs of | ||
alternatives; and | ||
(5) other facts and circumstances material to the best | ||
interests of the ward or his or her estate. | ||
(c) When the public guardian is appointed as the temporary | ||
guardian of a disabled adult pursuant to an emergency petition | ||
under circumstances when the court finds that the immediate | ||
establishment of a temporary guardianship is necessary to | ||
protect the disabled adult's health, welfare, or estate, the | ||
public guardian shall be entitled to reasonable and appropriate | ||
fees, as determined by the court, for the period of the | ||
temporary guardianship, including fees directly associated | ||
with establishing the temporary guardianship. | ||
(Source: P.A. 81-1052.)
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(755 ILCS 5/13-5) (from Ch. 110 1/2, par. 13-5)
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Sec. 13-5.
Powers and duties of public guardian.) The court | ||
may appoint
the public guardian as the guardian of any disabled | ||
adult who is in need
of a public guardian and whose estate | ||
exceeds $25,000. When a disabled adult
who has a smaller estate | ||
is in need of guardianship services, the court
shall appoint | ||
the State guardian pursuant to Section 30 of the Guardianship
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and Advocacy Act.
If the public guardian is appointed guardian | ||
of a disabled adult and the
estate of the disabled adult is | ||
thereafter reduced to less than $25,000, the
court may, upon | ||
the petition of the public guardian and the approval by the
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court of a final accounting of the disabled adult's estate, | ||
discharge the
public guardian and transfer the guardianship to | ||
the State guardian. The
public guardian shall serve not less | ||
than 14 days' notice to the State guardian
of the hearing date | ||
regarding the transfer.
When appointed by the court, the public | ||
guardian has the
same powers and duties as other guardians | ||
appointed under this Act, with
the following additions and | ||
modifications:
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(a) The public guardian shall monitor the ward and his care | ||
and progress
on a continuous basis. Monitoring shall at minimum | ||
consist of monthly
contact with the ward, and the receipt of | ||
periodic reports from all
individuals and agencies, public or | ||
private, providing care or related
services to the ward.
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(b) Placement of a ward outside of the ward's home may be | ||
made only after
the public guardian or his representative has | ||
visited the facility in which
placement is proposed.
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(c) The public guardian shall prepare an inventory of the | ||
ward's belongings
and assets and shall maintain insurance on | ||
all of the ward's real and personal
property. No personal | ||
property shall be removed from the ward's possession
except for | ||
storage pending final placement or for liquidation in | ||
accordance
with this Act.
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(d) The public guardian shall make no substantial | ||
distribution of the
ward's estate without a court order.
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(e) The public guardian may liquidate assets of the ward to | ||
pay for the
costs of the ward's care and for storage of the | ||
ward's personal property
only after notice of such pending | ||
action is given to all potential heirs
at law, unless notice is | ||
waived by the court; provided, however, that a
person who has | ||
been so notified may elect to pay for care or storage or
to pay | ||
fair market value of the asset or assets sought to be sold in | ||
lieu
of liquidation.
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(f) Real property of the ward may be sold at fair market | ||
value after an
appraisal of the property has been made by a | ||
licensed appraiser; provided,
however, that the ward's | ||
residence may be sold only if the court finds that
the ward is | ||
not likely to be able to return home at a future date.
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(g) The public guardian shall, at such intervals as the | ||
court may direct,
submit to the court an affidavit setting | ||
forth in detail the services he
has provided for the benefit of | ||
the ward. The court shall set reasonable
and appropriate fees | ||
for such services.
Except in a county that has
a population | ||
exceeding 3,000,000 people, the
public guardian may petition | ||
the court for the payment of reasonable and
appropriate fees on | ||
not less than a quarterly basis, or sooner as approved by
the | ||
court.
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(h) Upon the death of the ward, the public guardian shall | ||
turn over to
the court-appointed administrator all of the | ||
ward's assets and an account
of his receipt and administration | ||
of the ward's property. A guardian ad
litem shall be appointed | ||
for an accounting when the estate exceeds the amount
set in | ||
Section 25-1 of this Act for administration of small estates.
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(i) (1) On petition of any person who appears to have an | ||
interest in
the estate, the court by temporary order may | ||
restrain the public guardian
from performing specified | ||
acts of administration, disbursement or distribution,
or | ||
from exercise of any powers or discharge of any duties of | ||
his office,
or make any other order to secure proper | ||
performance of his duty, if it
appears to the court that | ||
the public guardian might otherwise take some
action | ||
contrary to the best interests of the ward. Persons with | ||
whom the
public guardian may transact business may be made | ||
parties.
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(2) The matter shall be set for hearing within 10 days | ||
unless the parties
otherwise agree or unless for good cause | ||
shown the court determines that
additional time is | ||
required. Notice as the court directs shall be given
to the | ||
public guardian and his attorney of record, if any, and to | ||
any other
parties named defendant in the petition.
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(j) On petition of the public guardian, the court in its | ||
discretion may
for good cause shown transfer guardianship to | ||
the State guardian.
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(k) No later than January 31 of each year, the public | ||
guardian shall file
an annual report with the clerk of the | ||
Circuit Court, indicating, with respect
to the period covered | ||
by the report, the number of cases which he has handled,
the | ||
date on which each case was assigned, the date of termination | ||
of each
case which has been closed during the period, the | ||
disposition of each
terminated case, and the total amount of | ||
fees collected during the period
from each ward.
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(l) (Blank). When the public guardian is appointed | ||
temporary guardian of a disabled
adult pursuant to an emergency | ||
petition under circumstances where the court
finds that the | ||
immediate establishment of a temporary guardianship is | ||
necessary
to protect the disabled adult's health, welfare, or | ||
estate, the public guardian
shall be entitled to reasonable and | ||
appropriate fees, as determined by the
court, for the period of | ||
the temporary guardianship, including fees directly
associated | ||
with establishing the temporary guardianship.
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(Source: P.A. 92-840, eff. 8-22-02.)
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