Chapter 755, ESTATES

(755 ILCS 5/11a-18.2) Sec. 11a-18.2. Duties of standby guardian of a person with a disability. (a) Before a standby guardian of a person with a disability may act, the standby guardian must be appointed by the court of the proper county and, in the case of a standby guardian of t…

(755 ILCS 5/11a-18.3) Sec. 11a-18.3. Duties of short-term guardian of a person with a disability. (a) Immediately upon the effective date of the appointment of a short-term guardian, the short-term guardian shall assume all duties as short-term guardian of the person with a disab…

(755 ILCS 5/11a-19) (from Ch. 110 1/2, par. 11a-19) Sec. 11a-19. Notice of right to seek modification. At the time of the appointment of a guardian the court shall inform the ward of his right under Section 11a-20 to petition for termination of adjudication of disability, revocat…

(755 ILCS 5/11a-2) (from Ch. 110 1/2, par. 11a-2) Sec. 11a-2. "Person with a disability" defined. "Person with a disability" means a person 18 years or older who (a) because of mental deterioration or physical incapacity is not fully able to manage his person or estate, or (b) is…

(755 ILCS 5/11a-20) (from Ch. 110 1/2, par. 11a-20) Sec. 11a-20. Termination of adjudication of disability - Revocation of letters - modification. (a) Except as provided in subsection (b-5), upon the filing of a petition by or on behalf of a person with a disability or on its own…

(755 ILCS 5/11a-21) (from Ch. 110 1/2, par. 11a-21) Sec. 11a-21. Hearing. (a) The court shall conduct a hearing on a petition filed under Section 11a-20. The ward is entitled to be represented by counsel, to demand a jury of 6 persons, to present evidence and to confront and cros…

(755 ILCS 5/11a-22) (from Ch. 110 1/2, par. 11a-22) Sec. 11a-22. Trade and contracts with a person with a disability. (a) Anyone who by trading with, bartering, gaming or any other device, wrongfully possesses himself of any property of a person known to be a person with a disabi…

(755 ILCS 5/11a-23) Sec. 11a-23. Reliance on authority of guardian, standby guardian, short-term guardian. (a) For the purpose of this Section, "guardian", "standby guardian", and "short-term guardian" includes temporary, plenary, or limited guardians of all wards. (b) Every heal…

(755 ILCS 5/11a-24) Sec. 11a-24. Notification; Illinois State Police. When a court adjudges a respondent to be a person with a disability under this Article, the court shall direct the circuit court clerk to notify the Illinois State Police, Firearm Owner's Identification (FOID) …

(755 ILCS 5/11a-25) Sec. 11a-25. Notification; Secretary of State. When a court adjudges a respondent to be a person with a disability and appoints a plenary guardian for that person under this Article pursuant to subsection (c) of Section 11a-12 or enters an order under this Art…

(755 ILCS 5/11a-26) (This Section may contain text from a Public Act with a delayed effective date) Sec. 11a-26. Private professional guardian. (a) As used in this Act, "private professional guardian" means: (1) a person who receives compensation for services as a guardian to 5 o…

(755 ILCS 5/11a-3) (from Ch. 110 1/2, par. 11a-3) Sec. 11a-3. Adjudication of disability; Power to appoint guardian. (a) Upon the filing of a petition by a reputable person or by the alleged person with a disability himself or on its own motion, the court may adjudge a person to …

(755 ILCS 5/11a-3.1) (Text of Section before amendment by P.A. 104-465) Sec. 11a-3.1. Appointment of standby guardian. (a) The guardian of a person with a disability may designate in any writing, including a will, a person qualified to act under Section 11a-5 to be appointed as s…

(755 ILCS 5/11a-3.2) (Text of Section before amendment by P.A. 104-465) Sec. 11a-3.2. Short-term guardian. (a) The guardian of a person with a disability may appoint in writing, without court approval, a short-term guardian of the person with a disability to take over the guardia…

(755 ILCS 5/11a-4) Sec. 11a-4. Temporary guardian. (a) Prior to the appointment of a guardian under this Article, pending an appeal in relation to the appointment, or pending the completion of a citation proceeding brought pursuant to Section 23-3 of this Act, or upon a guardian'…

(755 ILCS 5/11a-5) (from Ch. 110 1/2, par. 11a-5) (Text of Section from P.A. 102-72) Sec. 11a-5. Who may act as guardian. (a) A person is qualified to act as guardian of the person and as guardian of the estate of a person with a disability if the court finds that the proposed gu…

(755 ILCS 5/11a-5.1) (Text of Section before amendment by P.A. 104-465) Sec. 11a-5.1. Multiple guardianships. The court may not appoint an individual the guardian of the person or estate of an adult with disabilities before the individual has disclosed to the court the number of …

(755 ILCS 5/11a-6) (from Ch. 110 1/2, par. 11a-6) Sec. 11a-6. Designation of Guardian.) A person, while of sound mind and memory, may designate in writing a person, corporation or public agency qualified to act under Section 11a-5, to be appointed as guardian or as successor guar…

(755 ILCS 5/11a-7) (from Ch. 110 1/2, par. 11a-7) Sec. 11a-7. Venue.) If the alleged ward is a resident of this State, the proceeding shall be instituted in the court of the county in which he resides. If the alleged ward is not a resident of this State, the proceeding shall be i…

(755 ILCS 5/11a-8) (from Ch. 110 1/2, par. 11a-8) Sec. 11a-8. Petition. The petition for adjudication of disability and for the appointment of a guardian of the estate or the person or both of an alleged person with a disability must state, if known or reasonably ascertainable: (…

(755 ILCS 5/11a-8.1) (Text of Section before amendment by P.A. 104-465) Sec. 11a-8.1. Petition for standby guardian of the person with a disability. The petition for appointment of a standby guardian of the person or the estate, or both, of a person with a disability must state, …

(755 ILCS 5/11a-9) (from Ch. 110 1/2, par. 11a-9) (Text of Section before amendment by P.A. 104-465) Sec. 11a-9. Report. (a) The petition for adjudication of disability and for appointment of a guardian should be accompanied by a report which contains (1) a description of the nat…

(755 ILCS 75/12) Sec. 12. Costs. In all proceedings for the partition of heirs property, the court shall apportion the costs of the proceedings, including a reasonable fee for the plaintiff's attorney, among the parties in interest in the action, as the court deems just and equit…

(755 ILCS 70/12) Sec. 12. Disclosure of contents of electronic communications held in trust when trustee not original user. Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of…

(755 ILCS 5/12-1) (from Ch. 110 1/2, par. 12-1) Sec. 12-1. Corporate representative - acceptance of office.) The bonds provided for in this Act, except appeal bonds, are not required of corporations qualified to administer trusts in this State. Before entering upon the performanc…

(755 ILCS 5/12-10) (from Ch. 110 1/2, par. 12-10) Sec. 12-10. Further bond or security.) (a) If letters are issued to a representative without his giving sufficient bond or security or if his bond or the security therefor becomes excessive or insufficient in the judgment of the c…

(755 ILCS 5/12-11) (from Ch. 110 1/2, par. 12-11) Sec. 12-11. Counter security - release of surety.) (a) If the court believes a representative to be insolvent or in doubtful circumstances, upon petition of the surety on his bond, the court may require the representative to give …

(755 ILCS 5/12-12) (from Ch. 110 1/2, par. 12-12) Sec. 12-12. Notice to representative of action on bond - answer.) Unless the representative is before the court in person or by his attorney, he is entitled to such reasonable notice of any contemplated action of the court to requ…

(755 ILCS 5/12-13) (from Ch. 110 1/2, par. 12-13) Sec. 12-13. New or additional bond.) A new or additional bond, other than an additional bond for the sale or mortgage of real estate, must be signed, approved and filed in the same manner as other bonds of representatives and rela…

(755 ILCS 5/12-14) (from Ch. 110 1/2, par. 12-14) Sec. 12-14. Bond on appeal.) A bond of a representative on appeal from the order or judgment of any court must be in the form prescribed by law in other civil cases, except that the bond of a representative of a decedent's estate …

(755 ILCS 5/12-15) (from Ch. 110 1/2, par. 12-15) Sec. 12-15. Suit on bond. Suit on a bond executed under this Act may be prosecuted against one or more of the obligors named in the bond in the name of the people of the State of Illinois for the use of any person who may have bee…

(755 ILCS 5/12-2) (from Ch. 110 1/2, par. 12-2) Sec. 12-2. Individual representative; oath and bond. (a) Except as provided in subsection (b), before undertaking the representative's duties, every individual representative shall take and file an oath or affirmation that the indiv…

(755 ILCS 5/12-3) (from Ch. 110 1/2, par. 12-3) Sec. 12-3. Surety.) Every bond provided for in this Article must have as security thereon not less than 2 sureties acceptable to the court or one surety company qualified to do business in this State and acceptable to the court. (So…

(755 ILCS 5/12-4) (from Ch. 110 1/2, par. 12-4) (Text of Section before amendment by P.A. 104-465) Sec. 12-4. When security excused or specified.) (a) Except as provided in paragraph (c) of Section 6-13 with respect to a nonresident executor, no security is required of a person w…

(755 ILCS 5/12-5) (from Ch. 110 1/2, par. 12-5) Sec. 12-5. Amount of bond.) (a) The bond of a representative shall be for an amount not less than double the value of the personal estate if individuals act as sureties or if bond or security is excused, and not less than 1 1/2 time…

(755 ILCS 5/12-6) (from Ch. 110 1/2, par. 12-6) Sec. 12-6. Waiver or reduction of bond of representative of ward in certain cases.) (a) If the primary purpose for the appointment of a representative of a ward is the sale of the ward's interest in real estate pursuant to Section 2…

(755 ILCS 5/12-7) (from Ch. 110 1/2, par. 12-7) Sec. 12-7. Deposit in lieu or reduction of bond.) Upon petition of a representative and upon such notice as the court directs, the court may order the representative to deposit for safe-keeping with a corporation qualified to accept…

(755 ILCS 5/12-8) (from Ch. 110 1/2, par. 12-8) Sec. 12-8. Joint or several bonds.) (a) The court may permit a representative of the estates or persons of more than one ward to include his obligations to some or all in one bond. (b) When 2 or more persons are appointed representa…

(755 ILCS 5/12-9) (from Ch. 110 1/2, par. 12-9) Sec. 12-9. Additional bond for proceeds of sale or mortgage.) (a) Except as provided in subsection (d), at or before the entry of an order authorizing a representative to sell or mortgage real estate or any interest therein or to se…

(755 ILCS 70/13) Sec. 13. Disclosure of other digital assets held in trust when trustee not original user. Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose, to a trustee that is not an original user of an account, a c…

(755 ILCS 5/13-1) (from Ch. 110 1/2, par. 13-1) (Text of Section before amendment by P.A. 104-465) Sec. 13-1. Appointment and term of public administrator and public guardian. (a) Except as provided in Section 13-1.1, before the first Monday of December, 1977 and every 4 years th…

(755 ILCS 5/13-1.1) (from Ch. 110 1/2, par. 13-1.1) Sec. 13-1.1. Appointment and term of public guardian in counties having a population in excess of 1,000,000.) As soon as practicable after the effective date of this amendatory Act, the chief judge of the Circuit Court in each c…

(755 ILCS 5/13-1.2) (Text of Section before amendment by P.A. 104-465) Sec. 13-1.2. Certification requirement. Each person appointed as a public guardian by the Governor shall be certified as a National Certified Guardian by the Center for Guardianship Certification within 6 mont…

(755 ILCS 5/13-2) (from Ch. 110 1/2, par. 13-2) Sec. 13-2. Bond and oath.) Before entering upon the performance of his duties, every public administrator and every public guardian shall take and file in the court an oath or affirmation that he will support the Constitution of the…

(755 ILCS 5/13-3) (from Ch. 110 1/2, par. 13-3) Sec. 13-3. Compensation of public administrator. (a) In counties having a population in excess of 1,000,000 the public administrator shall pay all the fees collected by the office into the county treasury. Each year, the county boar…

(755 ILCS 5/13-3.1) (from Ch. 110 1/2, par. 13-3.1) Sec. 13-3.1. Compensation of public guardian. (a) In counties having a population in excess of 1,000,000 the public guardian shall be paid an annual salary, to be set by the County Board at a figure not to exceed the salary of t…

(755 ILCS 5/13-4) (from Ch. 110 1/2, par. 13-4) Sec. 13-4. Powers and duties of public administrator.) (a) When a person dies owning any real or personal estate in this State and there is no person in this State having a prior right to administer his estate, the public administra…

(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 di…

(755 ILCS 70/14) Sec. 14. Disclosure of contents of electronic communications and digital assets to guardian of person with a disability. (a) After an opportunity for a hearing under Article XIa of the Probate Act of 1975, the court may direct the disclosure of the digital assets…

(755 ILCS 5/14-1) (from Ch. 110 1/2, par. 14-1) Sec. 14-1. Inventory.) (a) Within 60 days after the issuance of his letters the representative of the estate of a decedent or ward shall file in the court a verified inventory of the real and personal estate which has come to his kn…