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Rep. Dennis M. Reboletti
Filed: 3/11/2011
| | 09700HB2227ham001 | | LRB097 08134 AJO 52783 a |
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| 1 | | AMENDMENT TO HOUSE BILL 2227
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| 2 | | AMENDMENT NO. ______. Amend House Bill 2227 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Probate Act of 1975 is amended by changing |
| 5 | | Section 11a-9 as follows:
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| 6 | | (755 ILCS 5/11a-9) (from Ch. 110 1/2, par. 11a-9)
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| 7 | | Sec. 11a-9.
Report.)
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| 8 | | (a) The petition for adjudication of disability
and for |
| 9 | | appointment of a guardian
should be accompanied by a report |
| 10 | | which contains (1) a description of
the nature and type of the |
| 11 | | respondent's disability and an assessment of how
the disability |
| 12 | | impacts on the ability of the respondent to make decisions or
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| 13 | | to function independently; (2) an analysis and results of |
| 14 | | evaluations of
the respondent's mental and physical condition |
| 15 | | and, where
appropriate, educational condition, adaptive |
| 16 | | behavior and social skills,
which have been performed within 3 |
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| | 09700HB2227ham001 | - 2 - | LRB097 08134 AJO 52783 a |
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| 1 | | months of the date of the filing of the
petition; (3) an |
| 2 | | opinion as to whether guardianship is
needed, the type and |
| 3 | | scope of the guardianship needed, and the reasons
therefor; (4) |
| 4 | | a recommendation as to the most suitable living arrangement
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| 5 | | and, where appropriate, treatment or habilitation plan for the |
| 6 | | respondent
and the reasons therefor; (5) the signatures of all |
| 7 | | persons who performed
the evaluations upon which the report is |
| 8 | | based, one of whom shall be
a licensed physician unless the |
| 9 | | evaluation and report are completed by a licensed clinical |
| 10 | | psychologist and the evaluation is limited to the respondent's |
| 11 | | mental condition, and a statement of the certification, |
| 12 | | license, or other
credentials that qualify the evaluators who |
| 13 | | prepared the report.
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| 14 | | (b) If for any reason no report accompanies the petition, |
| 15 | | the court
shall order appropriate evaluations to be performed |
| 16 | | by a qualified
person or persons and a report prepared and |
| 17 | | filed with the court at least
10 days prior to the hearing.
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| 18 | | (c) Unless the court otherwise directs, any report prepared |
| 19 | | pursuant
to this Section shall not be made
part of the public |
| 20 | | record of the proceedings but shall be available to
the court |
| 21 | | or an appellate court in which the proceedings are subject to
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| 22 | | review, to the respondent, the petitioner, the guardian, and |
| 23 | | their
attorneys, to the
respondent's guardian ad litem, and to |
| 24 | | such other persons as the court
may direct.
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| 25 | | (Source: P.A. 89-396, eff. 8-20-95.)".
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