755 ILCS 5/13-5
2021 Illinois Compiled Statutes|Chapter 755 - ESTATES|755 ILCS 5/ - Probate Act of 1975.|Article XIII - Public Administrators, Guardians and Conservators

(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 adult with a disability who is in need  of a public guardian and whose estate exceeds $25,000.  When an adult with a disability   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 an adult with a disability and the  estate of the adult with a disability 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 estate of the adult with a disability, 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:(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, unless the court determines, and issues an order finding, that (1) the real or personal property lacks sufficient equity, (2) the estate lacks sufficient funds to pay for insurance, or (3) the property is otherwise uninsurable.  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 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.(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 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).  (Source: P.A. 99-143, eff. 7-27-15.)