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Public Act 91-0149
SB465 Enrolled LRB9100413WHprA
AN ACT to amend the Probate Act of 1975 by changing
Section 11-13.
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 Section 11-13 as follows:
(755 ILCS 5/11-13) (from Ch. 110 1/2, par. 11-13)
Sec. 11-13. Duties of guardian of a minor. Before a
guardian of a minor may act, the guardian shall be appointed
by the court of the proper county and, in the case of a
guardian of the minor's estate, the guardian shall give the
bond prescribed in Section 12-2. Except as provided in
Section 11-13.1 and Section 11-13.2 with respect to the
standby or short-term guardian of the person of a minor, the
court shall have control over the person and estate of the
ward. Under the direction of the court:
(a) The guardian of the person shall have the custody,
nurture and tuition and shall provide education of the ward
and of his children, but the ward's spouse may not be
deprived of the custody and education of the spouse's
children, without consent of the spouse, unless the court
finds that the spouse is not a fit and competent person to
have such custody and education. If the ward's estate is
insufficient to provide for the ward's education and the
guardian of his person fails to provide education, the court
may award the custody of the ward to some other person for
the purpose of providing education. If a person makes a
settlement upon or provision for the support or education of
a ward and if either parent of the ward is dead, the court
may make such order for the visitation of the ward by the
person making the settlement or provision as the court deems
proper.
(b) The guardian or other representative of the ward's
estate shall have the care, management and investment of the
estate, shall manage the estate frugally and shall apply the
income and principal of the estate so far as necessary for
the comfort and suitable support and education of the ward,
his children, and persons related by blood or marriage who
are dependent upon or entitled to support from him, or for
any other purpose which the court deems to be for the best
interests of the ward, and the court may approve the making
on behalf of the ward of such agreements as the court
determines to be for the ward's best interests. The
representative may make disbursement of his ward's funds and
estate directly to the ward or other distributee or in such
other manner and in such amounts as the court directs. If
the estate of a ward is derived in whole or in part from
payments of compensation, adjusted compensation, pension,
insurance or other similar benefits made directly to the
estate by the Veterans Administration, notice of the
application for leave to invest or expend the ward's funds or
estate, together with a copy of the petition and proposed
order, shall be given to the Veterans' Administration
Regional Office in this State at least 7 days before the
hearing on the application. The court, upon petition of a
guardian of the estate of a minor, may permit the guardian to
make a will or create a revocable or irrevocable trust for
the minor that the court considers appropriate in light of
changes in applicable tax laws that allow for minimization of
State or federal income, estate, or inheritance taxes;
however, the will or trust must make distributions only to
the persons who would be entitled to distributions if the
minor were to die intestate and the will or trust must make
distributions to those persons in the same amounts to which
they would be entitled if the minor were to die intestate.
(c) Upon the direction of the court which issued his
letters a representative may perform the contracts of his
ward which were legally subsisting at the time of the
commencement of the guardianship. The court may authorize
the guardian to execute and deliver any bill of sale, deed or
other instrument.
(d) The representative of the estate of a ward shall
appear for and represent the ward in all legal proceedings
unless another person is appointed for that purpose as
representative or next friend. This does not impair the
power of any court to appoint a representative or next friend
to defend the interests of the ward in that court, or to
appoint or allow any person as the next friend of a ward to
commence, prosecute or defend any proceeding in his behalf.
Any proceeding on behalf of a minor may be commenced and
prosecuted by his next friend, without any previous authority
or appointment by the court if the next friend enters bond
for costs and files it in the court where the proceeding is
pending. Without impairing the power of the court in any
respect, if the representative of the estate of a minor and
another person as next friend shall appear for and represent
the minor in a legal proceeding in which the compensation of
the attorney or attorneys representing the guardian and next
friend is solely determined under a contingent fee
arrangement, the guardian of the estate of the minor shall
not participate in or have any duty to review the prosecution
of the action, to participate in or review the
appropriateness of any settlement of the action, or to
participate in or review any determination of the
appropriateness of any fees awarded to the attorney or
attorneys employed in the prosecution of the action.
(e) Upon petition by any interested person (including
the standby or short-term guardian), with such notice to
interested persons as the court directs and a finding by the
court that it is in the best interest of the minor, the court
may terminate or limit the authority of a standby or
short-term guardian or may enter such other orders as the
court deems necessary to provide for the best interest of the
minor. The petition for termination or limitation of the
authority of a standby or short-term guardian may, but need
not, be combined with a petition to have a guardian appointed
for the minor.
(Source: P.A. 90-345, eff. 8-8-97.)
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