Full Text of HB0842 102nd General Assembly
HB0842enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Probate Act of 1975 is amended by changing | 5 | | Section 11a-10 as follows:
| 6 | | (755 ILCS 5/11a-10) (from Ch. 110 1/2, par. 11a-10)
| 7 | | Sec. 11a-10. Procedures preliminary to hearing.
| 8 | | (a) Upon the filing of a petition pursuant to Section | 9 | | 11a-8, the court shall
set a date and place for hearing to take | 10 | | place within 30 days. The court
shall appoint a guardian ad | 11 | | litem to report to the court concerning the
respondent's best | 12 | | interests consistent with the provisions of this Section,
| 13 | | except that
the appointment of a guardian ad litem shall not be | 14 | | required when
the court determines that such appointment is | 15 | | not necessary for the protection
of the respondent or a | 16 | | reasonably informed decision on the petition.
If the guardian | 17 | | ad litem is not a licensed attorney, he or she shall be
| 18 | | qualified,
by
training or experience, to work with or advocate | 19 | | for persons with developmental disabilities, the mentally ill, | 20 | | persons with physical disabilities, the elderly, or persons | 21 | | with a disability due to mental deterioration, depending on | 22 | | the type of disability that is
alleged in the petition.
The | 23 | | court may allow the guardian ad litem reasonable compensation. |
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| 1 | | The
guardian ad litem may consult with a person who by training | 2 | | or experience is
qualified to work with persons with a | 3 | | developmental disability, persons with
mental illness, persons | 4 | | with physical disabilities, or persons with a disability due | 5 | | to
mental deterioration, depending on the type of disability | 6 | | that is alleged.
The guardian ad litem shall personally | 7 | | observe the respondent prior to the
hearing and shall inform
| 8 | | him orally and in writing of the contents of the petition and | 9 | | of his rights
under Section 11a-11.
The guardian ad litem | 10 | | shall also attempt to elicit the respondent's position
| 11 | | concerning the adjudication of disability, the proposed | 12 | | guardian, a proposed
change in residential placement, changes | 13 | | in care that might result from the
guardianship, and other | 14 | | areas of inquiry deemed appropriate by the court.
| 15 | | Notwithstanding any provision in the Mental Health and | 16 | | Developmental Disabilities Confidentiality Act or any other | 17 | | law, a guardian ad litem shall have the right to inspect and | 18 | | copy any medical or mental health record of the respondent | 19 | | which the guardian ad litem deems necessary, provided that the | 20 | | information so disclosed shall not be utilized for any other | 21 | | purpose nor be redisclosed except in connection with the | 22 | | proceedings. At or before the hearing, the guardian ad litem | 23 | | shall file a written report
detailing his or her observations | 24 | | of the respondent, the responses of the
respondent to any of | 25 | | the inquiries detailed in this Section, the opinion of the
| 26 | | guardian
ad litem or other professionals with whom the |
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| 1 | | guardian ad litem consulted
concerning the appropriateness of | 2 | | guardianship, and any other material issue
discovered by the | 3 | | guardian ad litem. The guardian ad litem shall appear at the
| 4 | | hearing and testify as to any issues presented in his or her | 5 | | report.
| 6 | | (b) The court (1) may appoint counsel for the respondent, | 7 | | if the court finds
that the interests of the respondent will be | 8 | | best served by the appointment,
and (2) shall appoint counsel | 9 | | upon respondent's request or if the respondent
takes a | 10 | | position adverse to that of the guardian ad litem. The | 11 | | respondent
shall be permitted to obtain the appointment of | 12 | | counsel either at the hearing
or by any written or oral request | 13 | | communicated to the court prior to the
hearing. The summons | 14 | | shall inform the respondent of this right to obtain
appointed | 15 | | counsel. The court may allow counsel for the respondent | 16 | | reasonable
compensation.
| 17 | | (c) The allocation of guardian ad litem fees and costs is | 18 | | within the discretion of the court. No legal fees, appointed | 19 | | counsel fees, guardian ad litem fees, or costs shall be | 20 | | assessed against the Office of the State Guardian, the public | 21 | | guardian, an adult protective services agency, the Department | 22 | | of Children and Family Services, or the agency designated by | 23 | | the Governor under Section 1 of the Protection and Advocacy | 24 | | for Persons with Developmental Disabilities Act. If the | 25 | | respondent is unable to pay the fee of the guardian ad litem or
| 26 | | appointed counsel, or both, the court may enter an order for
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| 1 | | the petitioner to
pay all
such
fees or such amounts as the | 2 | | respondent or the respondent's estate may be unable
to pay.
| 3 | | However, in cases where the Office of State Guardian is the | 4 | | petitioner,
consistent with Section 30 of the Guardianship and | 5 | | Advocacy Act, where the public guardian is the petitioner, | 6 | | consistent with Section 13-5 of this Act,
where an adult | 7 | | protective services agency is the petitioner, pursuant to
| 8 | | Section 9 of the Adult Protective Services Act, or where the | 9 | | Department of Children and Family Services is the petitioner | 10 | | under subparagraph (d) of subsection (1) of Section 2-27 of | 11 | | the Juvenile Court Act of 1987, no guardian ad litem or legal | 12 | | fees shall be assessed against the Office of
State Guardian, | 13 | | the public guardian, the adult protective services agency, or | 14 | | the Department of Children and Family Services.
| 15 | | (d) The hearing may be held at such convenient place as the | 16 | | court directs,
including at a facility in which the respondent | 17 | | resides.
| 18 | | (e) Unless he is the petitioner, the respondent shall be | 19 | | personally
served with a copy of the petition and a summons not | 20 | | less than 14 days
before the hearing.
The summons shall be | 21 | | printed in large, bold type and shall include the
following | 22 | | notice:
| 23 | | NOTICE OF RIGHTS OF RESPONDENT
| 24 | | You have been named as a respondent in a guardianship | 25 | | petition asking that
you be declared a person with a | 26 | | disability. If the court grants the petition, a
guardian will |
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| 1 | | be appointed for you. A copy of the guardianship petition is
| 2 | | attached for your convenience.
| 3 | | The date and time of the hearing are:
| 4 | | The place where the hearing will occur is:
| 5 | | The Judge's name and phone number is:
| 6 | | If a guardian is appointed for you, the guardian may be | 7 | | given the right to
make all
important personal decisions for | 8 | | you, such as where you may live, what medical
treatment you may | 9 | | receive, what places you may visit, and who may visit you. A
| 10 | | guardian may also be given the right to control and manage your | 11 | | money and other
property, including your home, if you own one. | 12 | | You may lose the right to make
these decisions for yourself.
| 13 | | You have the following legal rights:
| 14 | | (1) You have the right to be present at the court | 15 | | hearing.
| 16 | | (2) You have the right to be represented by a lawyer, | 17 | | either one that you
retain, or one appointed by the Judge.
| 18 | | (3) You have the right to ask for a jury of six persons | 19 | | to hear your case.
| 20 | | (4) You have the right to present evidence to the | 21 | | court and to confront
and
cross-examine witnesses.
| 22 | | (5) You have the right to ask the Judge to appoint an | 23 | | independent expert
to examine you and give an opinion | 24 | | about your need for a guardian.
| 25 | | (6) You have the right to ask that the court hearing be | 26 | | closed to the
public.
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| 1 | | (7) You have the right to tell the court whom you | 2 | | prefer to have for your
guardian.
| 3 | | You do not have to attend the court hearing if you do not | 4 | | want to be there.
If you do not attend, the Judge may appoint a | 5 | | guardian if the Judge finds that
a guardian would be of benefit | 6 | | to you. The hearing will not be postponed or
canceled if you do | 7 | | not attend. If you are unable to attend the hearing in person | 8 | | or you will suffer harm if you attend, the Judge can decide to | 9 | | hold the hearing at a place that is convenient. The Judge can | 10 | | also follow the rule of the Supreme Court of this State, or its | 11 | | local equivalent, and decide if a video conference is | 12 | | appropriate.
| 13 | | IT IS VERY IMPORTANT THAT YOU ATTEND THE HEARING IF YOU DO | 14 | | NOT WANT A
GUARDIAN OR IF YOU WANT SOMEONE OTHER THAN THE | 15 | | PERSON NAMED IN THE GUARDIANSHIP
PETITION TO BE YOUR GUARDIAN. | 16 | | IF YOU DO NOT WANT A GUARDIAN OR IF YOU HAVE ANY
OTHER | 17 | | PROBLEMS, YOU SHOULD CONTACT AN ATTORNEY OR COME TO COURT AND | 18 | | TELL THE
JUDGE.
| 19 | | Service of summons and the petition may be made by a | 20 | | private person 18
years
of
age or over who is not a party to | 21 | | the action.
| 22 | | (f) Notice of the time and place of the hearing shall be | 23 | | given by the
petitioner by mail or in person to those persons, | 24 | | including the proposed
guardian, whose names and addresses
| 25 | | appear in the petition and who do not waive notice, not less | 26 | | than 14 days
before the hearing.
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| 1 | | (Source: P.A. 99-143, eff. 7-27-15; 99-642, eff. 7-28-16; | 2 | | 100-201, eff. 8-18-17; 100-427, eff. 1-1-18 .)
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