Based on these facts, it is difficult to determine what control (if any) the guardian maintains after the death of his ward. The Probate Act states that a guardianship terminates when the ward dies. However, until an executor or administrator is issued letters of office, a guardian retains the limited authority to sue for and collect the personal estate and debts due to the deceased ward. Also, the guardian may petition the court to be appointed administrator of the deceased ward’s estate.  

In this case, you do not know if the guardian (or someone else) has been named executor or appointed administrator of the deceased ward’s estate. Therefore, we recommend waiting until you receive a copy of the letters of office issued by a court before you allow the guardian to access the decedent’s accounts. 

For resources related to our guidance, please see:

• 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 Administration of deceased ward's estate. (“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. When 30 days or such further time as the court allows have elapsed after the death of a ward, letters of administration may be issued to the person who was guardian of the estate of the deceased ward upon his petition therefor, unless a petition for letters has theretofore been presented to the court of the proper county, in which case the court shall first dispose of the pending petition before issuing letters to the representative. If letters of administration are issued to another on a petition filed, letters may not be issued to the person who was guardian.”)