Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 301 - FEE SCHEDULE FOR THE OFFICE OF STATE GUARDIAN › Section 301.50 - Collection of Fees

Current through Register Vol. 48, No. 28, July 12, 2024
a) Pay
			 Collection and Liability for Payment - In General. Office of State Guardian
			 shall take reasonable steps to collect fees from parties holding estate funds
			 when fees have been assessed. Liability for fee payment shall be limited to the
			 ward's estate.
b) Collection of
			 Case Opening Fees. Case opening fees shall be collected by OSG upon the entry
			 of the court's order approving its petition for fees.
c) Collection of Monthly Guardianship Fees.
			 Monthly fees shall be collected by OSG on a regular basis at the time the fees
			 are assessed, after entry of an order appointing OSG but only when prior court
			 approval has been obtained to collect the fee on an ongoing basis. The petition
			 for court approval will be filed at the earliest reasonable
			 opportunity.
d) Collection of
			 Monthly Representative Payee Fees. In all cases which OSG serves as
			 representative payee under programs administered by the Social Security
			 Administration, the Railroad Retirement Board, or similar programs, or serves
			 as protective payee for the receipt of private pension funds, the fee for
			 providing representative payee services shall be in accordance with Social
			 Security Administration and Railroad Retirement Board regulations.
e) Collection of Fees For Guardianship
			 Petitioning. Fees for guardianship petitioning shall be collected after the
			 entry of the order appointing the guardian or other final disposition of the
			 petition, or at the time of the next or final accounting.
f) Collection of Fees for Management of
			 Property. Fees for the management of a ward's real property shall be incurred
			 at the time of the next or final account.
g) Collection of Fees for the Sale of
			 Property. Fees for the sale of a ward's real or personal property shall be
			 collected after the sale is completed.
h) Collection of Fees for Preparation and
			 Filing of State or Federal Income Tax Returns. Fees for the preparation and
			 filing of a ward's State or federal income tax return shall be assessed at the
			 time of filing of the tax return, for each tax year in which a return is filed,
			 and collected after the tax return is prepared and court approval has been
			 obtained to collect the fee. Court approval should be obtained at the earliest
			 reasonable opportunity.
i)
			 Collection of Fees for the Settlement of a Personal Injury Cause of Action.
			 Fees for the settlement of a ward's personal injury cause of action shall be
			 collected at the time of the approval of the settlement by the probate
			 court.
j) Collection of Fees for
			 the Establishment of a Recognized Trust for the Purpose of Protecting or
			 Conserving the Ward's Financial Estate. Fees for establishing a recognized
			 trust for the purpose of conserving a ward's guardianship estate or protecting
			 the ward's assets, and for petitioning the court for the approval of the trust,
			 shall be collected at the time of the approval of the establishment of the
			 trust by the probate court.
k)
			 Collection - Hardship and Waiver. No fees shall be collected if financial
			 hardship to the ward would result. OSG may waive or reduce fees assessed if the
			 costs of collection would far exceed the fees due.
l) Collection - Impact on Creditors. OSG may
			 collect fees even when claims of creditors of the ward may be compromised, so
			 long as no financial hardship to the ward or the ward's dependents would
			 result.