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| [ Introduced ] | [ Enrolled ] | [ Senate Amendment 001 ] |
91_SB0465eng SB465 Engrossed LRB9100413WHprA 1 AN ACT to amend the Probate Act of 1975 by changing 2 Section 11-13. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Probate Act of 1975 is amended by 6 changing Section 11-13 as follows: 7 (755 ILCS 5/11-13) (from Ch. 110 1/2, par. 11-13) 8 Sec. 11-13. Duties of guardian of a minor. Before a 9 guardian of a minor may act, the guardian shall be appointed 10 by the court of the proper county and, in the case of a 11 guardian of the minor's estate, the guardian shall give the 12 bond prescribed in Section 12-2. Except as provided in 13 Section 11-13.1 and Section 11-13.2 with respect to the 14 standby or short-term guardian of the person of a minor, the 15 court shall have control over the person and estate of the 16 ward. Under the direction of the court: 17 (a) The guardian of the person shall have the custody, 18 nurture and tuition and shall provide education of the ward 19 and of his children, but the ward's spouse may not be 20 deprived of the custody and education of the spouse's 21 children, without consent of the spouse, unless the court 22 finds that the spouse is not a fit and competent person to 23 have such custody and education. If the ward's estate is 24 insufficient to provide for the ward's education and the 25 guardian of his person fails to provide education, the court 26 may award the custody of the ward to some other person for 27 the purpose of providing education. If a person makes a 28 settlement upon or provision for the support or education of 29 a ward and if either parent of the ward is dead, the court 30 may make such order for the visitation of the ward by the 31 person making the settlement or provision as the court deems SB465 Engrossed -2- LRB9100413WHprA 1 proper. 2 (b) The guardian or other representative of the ward's 3 estate shall have the care, management and investment of the 4 estate, shall manage the estate frugally and shall apply the 5 income and principal of the estate so far as necessary for 6 the comfort and suitable support and education of the ward, 7 his children, and persons related by blood or marriage who 8 are dependent upon or entitled to support from him, or for 9 any other purpose which the court deems to be for the best 10 interests of the ward, and the court may approve the making 11 on behalf of the ward of such agreements as the court 12 determines to be for the ward's best interests. The 13 representative may make disbursement of his ward's funds and 14 estate directly to the ward or other distributee or in such 15 other manner and in such amounts as the court directs. If 16 the estate of a ward is derived in whole or in part from 17 payments of compensation, adjusted compensation, pension, 18 insurance or other similar benefits made directly to the 19 estate by the Veterans Administration, notice of the 20 application for leave to invest or expend the ward's funds or 21 estate, together with a copy of the petition and proposed 22 order, shall be given to the Veterans' Administration 23 Regional Office in this State at least 7 days before the 24 hearing on the application. The court, upon petition of a 25 guardian of the estate of a minor, may permit the guardian to 26 make a will or create a revocable or irrevocable trust for 27 the minor that the court considers appropriate in light of 28 changes in applicable tax laws that allow for minimization of 29 State or federal income, estate, or inheritance taxes; 30 however, the will or trust must make distributions only to 31 the persons who would be entitled to distributions if the 32 minor were to die intestate and the will or trust must make 33 distributions to those persons in the same amounts to which 34 they would be entitled if the minor were to die intestate. SB465 Engrossed -3- LRB9100413WHprA 1 (c) Upon the direction of the court which issued his 2 letters a representative may perform the contracts of his 3 ward which were legally subsisting at the time of the 4 commencement of the guardianship. The court may authorize 5 the guardian to execute and deliver any bill of sale, deed or 6 other instrument. 7 (d) The representative of the estate of a ward shall 8 appear for and represent the ward in all legal proceedings 9 unless another person is appointed for that purpose as 10 representative or next friend. This does not impair the 11 power of any court to appoint a representative or next friend 12 to defend the interests of the ward in that court, or to 13 appoint or allow any person as the next friend of a ward to 14 commence, prosecute or defend any proceeding in his behalf. 15 Any proceeding on behalf of a minor may be commenced and 16 prosecuted by his next friend, without any previous authority 17 or appointment by the court if the next friend enters bond 18 for costs and files it in the court where the proceeding is 19 pending. Without impairing the power of the court in any 20 respect, if the representative of the estate of a minor and 21 another person as next friend shall appear for and represent 22 the minor in a legal proceeding in which the compensation of 23 the attorney or attorneys representing the guardian and next 24 friend is solely determined under a contingent fee 25 arrangement, the guardian of the estate of the minor shall 26 not participate in or have any duty to review the prosecution 27 of the action, to participate in or review the 28 appropriateness of any settlement of the action, or to 29 participate in or review any determination of the 30 appropriateness of any fees awarded to the attorney or 31 attorneys employed in the prosecution of the action. 32 (e) Upon petition by any interested person (including 33 the standby or short-term guardian), with such notice to 34 interested persons as the court directs and a finding by the SB465 Engrossed -4- LRB9100413WHprA 1 court that it is in the best interest of the minor, the court 2 may terminate or limit the authority of a standby or 3 short-term guardian or may enter such other orders as the 4 court deems necessary to provide for the best interest of the 5 minor. The petition for termination or limitation of the 6 authority of a standby or short-term guardian may, but need 7 not, be combined with a petition to have a guardian appointed 8 for the minor. 9 (Source: P.A. 90-345, eff. 8-8-97.)