Bill Text: IL SB1929 | 2009-2010 | 96th General Assembly | Engrossed

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Bill Title: Amends the Probate Act of 1975. Provides that the Governor may appoint one person to serve as public guardian and public administrator in one or more counties (instead of one in each county). Provides that each public guardian must be certified by the Center for Guardianship Certification and that the Guardianship and Advocacy Commission shall provide professional training. Provides for fees and expenses for a public guardian and his or her temporary guardianship duties and establishes guidelines for fees. Makes other changes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2009-05-08 - Rule 19(a) / Re-referred to Rules Committee [SB1929 Detail]

Download: Illinois-2009-SB1929-Engrossed.html

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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
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:
(755 ILCS 5/13-1) (from Ch. 110 1/2, par. 13-1)
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

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years thereafter or until his successor is appointed and
qualified.
(Source: P.A. 81-1052.)
(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.
(755 ILCS 5/13-3.1) (from Ch. 110 1/2, par. 13-3.1)
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

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be paid from the county treasury. All fees collected shall be
paid into the county treasury.
(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

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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.)
(755 ILCS 5/13-5) (from Ch. 110 1/2, par. 13-5)
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
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
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

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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:
(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.
(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.
(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.
(d) The public guardian shall make no substantial
distribution of the ward's estate without a court order.
(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

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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.
(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.
(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.
(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.
(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

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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.
(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.
(j) On petition of the public guardian, the court in its
discretion may for good cause shown transfer guardianship to
the State guardian.
(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.
(l) (Blank). When the public guardian is appointed

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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.
(Source: P.A. 92-840, eff. 8-22-02.)