HB4985 Summary

• Amends the Guardianship and Advocacy Act to require courts to find that no other suitable person is available before appointing the State Guardian, and to state reasons why State Guardian appointment is necessary rather than appointing an interested party.

• Establishes a new guardianship and advocacy operations fee in probate cases, collected by circuit court clerks with 80% deposited into the Guardianship and Advocacy Fund and 20% retained by the clerk for collection costs.

• Exempts minor guardianships, indigent persons (including those receiving SSI, TANF, SNAP, or earning at or below 125% of federal poverty level), the State Guardian, state agencies, public guardians, and State's Attorneys from paying the new operations fee.

• Imposes various probate filing fees including $50 for estate administration (no fee if property value under $15,000), $250 for State Guardian-supervised ward estates, $25 per account filing, and graduated claim filing fees from $100-$135 depending on claim amount.

• Creates the Office of State Guardian as public guardian in counties with populations of 1,000,000 or less within 90 days if no public guardian exists, or within 9-15 months if current public guardian's term has expired, with the State Guardian serving continuously thereafter.