No, we do not believe the guardian has any right to access the deceased customer’s account for the reasons discussed below.

A guardian’s specific rights and responsibilities are established through a court order when the guardian is appointed. Before you allow a guardian to access another customer’s account, you must obtain a copy of the court order to determine what rights, if any, the guardian has over the account. If the guardian is unable to produce the court order, they have no right to access the account.

In addition, even if the guardian is able to produce the court order, the Probate Act states that a guardianship terminates when the ward dies. A guardian may retain some limited authority following the death of the ward, such as the authority to sue for and collect the personal estate and debts due to the deceased ward. However, even those limited rights cease once the court appoints an executor or administrator of the ward’s estate.

For resources related to our guidance, please see:

• Illinois Probate Act, 755 ILCS 5/11a-17(a) (“To the extent ordered by the court and under the direction of the court, the guardian of the person shall have custody of the ward and the ward’s minor and adult dependent children and shall procure for them and shall make provision for their support, care, comfort, health, education and maintenance, and professional services as are appropriate….”) 

• Illinois Probate Act, 755 ILCS 5/24-12 (“The office of a representative of a ward terminates . . . when the ward dies.”)

• Illinois Probate Act, 755 ILCS 5/24-19  (“Without order of appointment and until the issuance of letters testamentary or of administration or until sooner discharged by the court, a representative of the estate of a deceased ward has the powers and duties of an administrator to collect.”)