§ 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 thereafter, and as often as vacancies occur, the Governor, by and with the advice and consent of the Senate, shall appoint in each county a suitable person to serve as public administrator and a suitable person to serve as public guardian of the county. The Governor may designate, without the advice and consent of the Senate, the Office of State Guardian as an interim public guardian to fill a vacancy in one or more counties having a population of 500,000 or less if the designation: (1) is specifically designated as an interim appointment for a term of the lesser of one year or until the Governor appoints, with the advice and consent of the Senate, a county public guardian to fill the vacancy; (2) requires the Office of State Guardian to affirm its availability to act in the county; and (3) expires in a pending case of a person with a disability in the county at such a time as the court appoints a qualified successor guardian of the estate and person for the person with a disability. When appointed as an interim public guardian, the State Guardian will perform the powers and duties assigned under the Guardianship and Advocacy Act. The Governor may appoint the same person to serve as public guardian and public administrator in one or more counties. In considering the number of counties of service for any prospective public guardian or public administrator the Governor may consider the population of the county and the ability of the prospective public guardian or public administrator to travel to multiple counties and manage estates in multiple counties. Each person so appointed holds his office for 4 years from the first Monday of December, 1977 and every 4 years thereafter or until his successor is appointed and qualified. (b) Within 14 days of notification to the current public guardian of the appointment by the Governor of a new public guardian pursuant to this Section, the outgoing public guardian shall provide the incoming successor public guardian with a list of current guardianships. Within 60 days of receipt of the list of guardianships, the incoming public guardian may petition the court for a transfer of a guardianship to the incoming public guardian. The transfer of a guardianship of the person, estate, or both shall be made if it is in the best interests of the ward as determined by the court on a case-by-case basis. Factors for the court to consider include, but are not limited to, the following: (1) the ward's preference as to the transfer of the guardianship; (2) the recommendation of the guardian ad litem, the ward's family members, and other interested parties; (3) the length of time in which the outgoing public guardian has served as guardian for the ward; (4) the ward's relationship with the outgoing public guardian's office; (5) the nature and extent of the ward's disabilities; (6) the ward's current residential placement, his or her current support network, and ongoing needs; (7) the costs involved in the transfer of the ward's estate; (8) the status of pending legal matters or other matters germane to the ward's care or the management of the ward's estate; (9) the obligation to post bond and the cost thereof; (10) the guardians' status with regard to certification by the Center for Guardianship Certification; and (11) other good causes. If the court approves a transfer to the incoming public guardian, the outgoing public guardian shall file a final account of his or her activities on behalf of the ward within 30 days or within such other time that the court may allow. The outgoing public guardian may file a petition for final fees pursuant to subsection (b) of Section 13-3.1.

Legislative History

(Source: P.A. 102-72, eff. 1-1-22 .)