Section 301.10  Authority and Purpose

 

a)         Authority.  The Office of State Guardian exists as a division of the Guardianship and Advocacy Commission created by the Guardianship and Advocacy Act (GAC Act)  [20 ILCS 3955] and shall serve as guardian of the person or estate, or both, for a ward when it has been appointed to do so by a court. The GAC Act further charges that the Commission shall evaluate a ward's ability to pay for guardianship services received and charge fees for those services. Section 27-1 of the Probate Act of 1975 [755 ILCS 5] permits a guardian to be awarded reasonable fees for services rendered pursuant to the guardianship appointment, upon approval of the court.

 

b)         Purpose.  The purpose of this Part and its fee schedules is to establish the procedures to be used in assessing fees against a ward or a ward's estate. A one-time initial fee shall be assessed for the establishment of the guardianship case.  Fees shall be assessed monthly for guardianship services. Additional fees shall be assessed for guardianship petitioning and the sale or management of real or personal property.

 

(Source:  Amended at 44 Ill. Reg. 11800, effective June 30, 2020)

 

Section 301.20  Definitions

 

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.

 

(Source:  Amended at 36 Ill. Reg. 12090, effective August 1, 2012)

 

Section 301.30  Assessment of Fees

 

a)         Assessment – In General

 

1)         Except as provided in subsections (c) and (e), all wards with liquid assets on the date of the OSG's appointment shall be assessed a one-time case opening fee for establishment of the case by OSG.  Rates are set forth in Section 301.60.  Case opening fees shall be assessed for each appointment, including a re-appointment as guardian for the same ward more than 6 months after the termination of a prior appointment, temporary or otherwise, involving similar powers and duties.

 

2)         A monthly fee for guardianship services other than petitioning for appointment of guardians and sale or management of real or personal property shall be assessed against all wards with liquid assets on any day during the month, in accordance with the schedule set forth in Section 301.60.  In addition, in all cases in 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 and/or guidelines.

 

3)         Fees for guardianship petitioning services shall be assessed upon the entry of a court order finally disposing of the petition for appointment of a guardian, in accordance with the schedule set forth in Section 301.60.  Guardianship petitioning fees shall be in addition to case opening fees, monthly guardianship services fees, and fees for the sale or management of real or personal property.

 

4)         Fees for the sale of real or personal property shall be assessed when a sale is completed, or at the time of the final account.  If no sale takes place during the OSG's term as guardian, fees for management of real or personal property shall be assessed at the time of the final account, in either case, in accordance with the fee schedule set forth in Section 301.60.  Fees for the sale or management of a ward's property shall be in addition to case opening, monthly guardianship services, and guardianship petitioning fees, in accordance with the fee schedule in Section 301.60.

 

5)         No fees for guardianship services shall be assessed on estates if OSG determines that financial hardship would result for the ward.  

 

b)         Assessments – Valuation of Property.  When OSG seeks to assess fees for the management of property that is not sold during the course of administration of a ward's estate, the value of the property in question shall be estimated by any reasonable methods acceptable to the court.  Unless specifically ordered by the court to do so, OSG shall not retain an appraiser at estate expense to establish the value of a ward's property if the appraisal is not otherwise required for responsible management of the estate.

 

c)         Assessments – Court Approval.  All fee assessments made by OSG shall be subject to court approval.

 

d)         Assessments – On Exhausted Estates

 

1)         In estates that may be exhausted by existing claims, OGS may petition for its fees in spite of the fact that the granting of these fees by the court might result in some or all of these claims going totally or partially unpaid.

 

2)         Proper notice of the petition for fees shall be mailed to each known claimant before the hearing is to take place.

 

e)         Assessments – On Entitlements.  Fees shall not be assessed on income or support derived from Medicaid or TANF.  Income or support derived from Social Security and Medicare shall be subject to OSG fee assessment unless the funds have been expressly earmarked for another purpose.

 

(Source:  Amended at 44 Ill. Reg. 11800, effective June 30, 2020)

 

Section 301.40  Notice

 

a)         Notice – In General.  A ward or a ward's estate shall not be charged for guardianship services unless the ward is given prior written notice pursuant to the procedure set forth below.

 

b)         Notice – Procedure to be Used.  Prior to requesting court approval for the assessment or collection of fees, a written notice shall be given to the ward, advising the ward that the ward or the ward's estate will be charged for guardianship services.  This notice shall be delivered to the ward in person or by mail at least 10 calendar days prior to the collection of fees.  The notice shall be issued in all cases where fees may be assessed by OSG.  A single notice of assessment is sufficient for the purpose of this Part, so long as the notice describes the type of fee that OSG may assess and the amount of the fee.

 

(Source:  Amended at 24 Ill. Reg. 13016, effective August 21, 2000)

 

Section 301.50  Collection of Fees

 

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.

 

(Source:  Amended at 44 Ill. Reg. 11800, effective June 30, 2020)

 

Section 301.60  Fee Schedules

 

a)         Statutory Authority for Assessment of Fees.  The Commission, under Section 5(i) of the GAC Act, is given the power to collect fees for its legal and guardianship services.

 

b)         Procedure for Changing Fee Schedule.  The following fees constitute a base rate as of July 1, 2020.  The fees included in this schedule shall automatically increase on the first day of each State fiscal year thereafter in accordance with the increase, if any, in the consumer price index (urban consumers, Chicago Metro Area, as published by the Bureau of Labor Statistics https://www.bls.gov/cpi/regional-resources.htm), but in no event more than 5% per year.  Any changes in the fees based on CPI changes will be reflected in the Part and will be made available to the public by GAC at http://gac.illinois.gov.

 

c)         Schedule for the Assessment of One-Time Case Opening Fees

 

1)	Guardianship of the Person	$500
2)	Guardianship of the Estate	$750
3)	Guardianship of the Person and Estate	$1000

 

d)         Schedule for the Assessment of Monthly Guardianship Services Fees

 

1)	Person Cases	$250
2)	Estate Cases:
	Total Value of Liquid Assets	Monthly Fee
	$24,999 and below	$300
	$25,000 and above	Usual, customary and reasonable fees, for public or appointed guardians in the county where the case is filed

3)         Representative Payee Cases

The monthly fee will be in compliance with current Social Security and Railroad Retirement regulations and/or guidelines.

 

e)         Assessment of Guardianship Petitioning Fees       $500

 

f)         Real and Personal Property

 

1)         Assessment of Fees for the Sale of Real Property    $1,000

 

2)         Management of real property, for property not sold, shall be limited to costs incurred.

 

3)         Schedule for the Assessment of Fees for the Sale of Personal Property

 

		Net Sale Value of Property or Estimated Value	Fee Amount
		$3,000 − 9,999	$150
		10,000 or above		2% of the net sale value of property

g)         Schedule for the Preparation and Filing of State or Federal Income Tax Returns

 

1)         For each federal Income Tax return filed       $100

 

2)         For each state Income Tax return filed           $50

 

h)         Schedule for the Settlement of a Personal Injury Cause of Action

 

For each personal injury cause of action

approved by the probate court                        $500

 

i)          Schedule for the Establishment of a Recognized Trust for the Purpose of Protecting or Conserving the Ward's Financial Estate and Petitioning the Court for Establishment of the Trust

 

            For each trust approved by the

probate court                                                   $500

 

(Source:  Amended at 44 Ill. Reg. 11800, effective June 30, 2020)