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Estate Planning | Living Wills | Guardianship | Power of Attorney

Court Defines the Duties of an Estate Guardian

Simply put, the "estate" of a person is everything he or she owns. It includes land, investments, bank accounts, furniture, cars, clothing and collectibles. Frequently, a person who has been named by the court as a legal guardian for another person also is appointed the person's estate guardian.

In general, the estate guardian's duty is to manage the person's estate in a way that is frugal, conservative and cautious. Illinois law binds estate guardians as follows:

  • Estate Guardians must receive written permission from the court to sell any of the ward's property to pay for the ward's care.
  • An Estate Gaurdian should open an FDIC fully-insured checking account, with the ward's social security number on the account, to pay for his or her expenses.
  • An Estate Gaurdian will not be personally liable for the ward's debts; however, he or she can be forced to pay for any mismanagement or fraudulent use of the ward's estate.
  • Estate Guardians are not legally protected by getting the ward's consent on an expenditure.
  • An Estate Gaurdian may not remove any of the ward's property outside the State of Illinois.
  • An Estate Gaurdian must file an inventory of the person's assets, usually within 60 days of your appointment as Estate Guardian.
  • If an Estate Guardian discovers additional assets after the initial inventory is filed, a supplemental inventory list must be filed within 60 days.
  • An Estate Guardian cannot sell, lease, mortgage or use as security the ward's land, house, car or other property without the court's consent.
  • An Estate Guardian is required to keep a careful record of all transactions involving the ward's property and usually is required by the court to submit a report periodically.

Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations.

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