Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 301 - FEE SCHEDULE FOR THE OFFICE OF STATE GUARDIAN › Section 301.20 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
Terms are defined as follows for the purpose of this Part,
				unless the context requires otherwise:
"Account" means a statement in writing of receipts and
				disbursements from a ward's estate by the guardian during a stated period of
				time.
"Case Opening" means the internal administrative process used
				by OSG in establishing a temporary or ongoing guardianship case, including, but
				not limited to, collecting and reviewing necessary financial, legal, medical or
				social information pertaining to the ward or the ward's estate; opening bank or
				other financial accounts on the ward's behalf; assigning OSG representatives to
				perform guardianship responsibilities for the ward; collecting and receiving
				property of the ward; creating files, summaries and other documentary
				information necessary for the management of the ward or the ward's estate; and
				all other activities related to preparing for and assuming the responsibilities
				of guardian.
"Commission" or "GAC" means the Guardianship and Advocacy
				Commission.
"Court" means the probate court having jurisdiction over the
				ward and/or the estate of a ward.
"Estate" means all property owned by the ward, regardless of
				whether the Office of State Guardian is guardian of the person or estate of the
				ward, including, but not limited to, all cash, savings accounts, checking
				accounts, certificates of deposit, money market accounts, bonds, stocks or
				other negotiable securities or instruments, mutual fund shares, furniture,
				automobiles, other tangible personal property, and real estate.
"Fee" or "Fees" means any costs assessed by the Office of State
				Guardian against a ward or a ward's estate for guardianship services, including
				case opening fees, monthly guardianship services fees, guardianship petitioning
				fees, and fees for the sale or management of real or personal property.
"Fee Schedules" mean tables showing the amounts of moneys the
				ward or the ward's estate may be assessed for guardianship services, not
				including charges for outside services procured by the guardian.
"Financial Hardship" means that the total value of liquid
				assets of a living ward would be inadequate to provide or obtain care,
				assistance, education, training, sustenance, housing, treatment or other goods
				or services vital to the well being of the ward or his or her dependents,
				resulting in the risk of harm to the ward or the ward's dependents. Wards
				residing in independent domestic settings generally fall into this
				category.
"Guardian" means a court appointed guardian of the person,
				estate, or both, of a ward, and includes temporary, limited and plenary
				guardianship.
"Guardianship Petitioning" (see "Petitioning").
"Guardianship Services" means work performed by the Office of
				State Guardian and its representatives in becoming guardian and all
				guardianship duties performed thereafter on behalf of a particular ward,
				including, but not limited to, preparation and filing of periodic reports,
				inventories, petitions for expenditures, current and final accounts; sale or
				other disposition of real or personal property; managing all assets of an
				estate; securing residential placements and transfers; monitoring, evaluation
				and consent for medical treatment and habilitation programing; appearing for
				and representing a ward in legal proceedings; procuring other outside services
				for the benefit of the ward or the ward's estate; and quarterly, annual and
				other visits as necessary to provide an active guardianship program.
"Inventory" means a detailed list of all property owned by the
				ward that is filed with the court by the guardian.
"Liquid Assets" mean the portion of a ward's estate comprised
				of cash, negotiable instruments, or other similar property that is readily
				convertible to cash and has a readily ascertainable fixed value, including but
				not limited to savings accounts, checking accounts, certificates of deposit,
				and money market accounts.
"Notice of Assessment" means a prior written statement mailed,
				pursuant to the procedures outlined in Section
				301.40(b)
				of this Part, to the ward or other interested party, including the ward's
				spouse, adult children, parents, adult siblings, and other nearest adult
				kindred, advising that costs shall be assessed by OSG against a ward or the
				ward's estate.
"Office of State Guardian" or "OSG" means a division of the
				Guardianship and Advocacy Commission, acting in its capacity as guardian of the
				estate, person, or both of a ward.
"Outside Services" means those services not provided by OSG or
				GAC employees, including the services of attorneys, corporations, agencies,
				individuals, or other entities retained to represent the interests of a ward or
				a ward's estate, who may charge the ward's estate for services rendered,
				subject to court approval. The fees may be in addition to fees assessed
				pursuant to the OSG fee schedules.
"Petitioning" or "Guardianship Petitioning" means the
				preparation, filing and litigation of guardianship petitions or petitions for
				the adjudication of disability of alleged disabled persons pursuant to the
				Probate Act of 1975 [755 ILCS 5 /Art. XIa].
"Property Management" or "Management of Property" means
				activities related to the discovery, possession, protection, conservation,
				listing for sale, auction or rental, solicitation of purchase or rental offers,
				title search, preparation of documents and forms, negotiations, payment of
				costs, fees, insurance, taxes, and penalties associated with the maintenance,
				operation, sale, auction or rental, participation in closing or completion of a
				sale or rental arrangements, and any other activities required in order for
				Office of State Guardian to protect, maintain or convey any interest of a ward
				in real or personal property, including a leasehold interest, subject to court
				approval.
"Ward" means a disabled person as defined by Section 11a-2 of
				the Probate Act of 1975 [755 ILCS
				5/11a-2 ] who is at least 18 years of age, and for
				whom the Office of State Guardian has been appointed
				guardian.