Full Text of SB0452 095th General Assembly
SB0452enr 95TH GENERAL ASSEMBLY
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| AN ACT concerning civil law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Probate Act of 1975 is amended by changing | 5 |
| Section 11a-10 as follows:
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| (755 ILCS 5/11a-10) (from Ch. 110 1/2, par. 11a-10)
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| Sec. 11a-10. Procedures preliminary to hearing.
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| (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,
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| except that
the appointment of a guardian ad litem shall not be | 14 |
| required when
the court determines that such appointment is not | 15 |
| necessary for the protection
of the respondent or a reasonably | 16 |
| informed decision on the petition.
If the guardian ad litem is | 17 |
| not a licensed attorney, he or she shall be
qualified,
by
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| training or experience, to work with or advocate for the | 19 |
| developmentally
disabled, mentally ill, physically disabled, | 20 |
| the elderly, or persons disabled
because of mental | 21 |
| deterioration, depending on the type of disability that is
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| alleged in the petition.
The court may allow the guardian ad | 23 |
| litem reasonable compensation. The
guardian ad litem may |
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| consult with a person who by training or experience is
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| qualified to work with persons with a developmental disability, | 3 |
| persons with
mental illness, or physically disabled persons, or | 4 |
| persons disabled because of
mental deterioration, depending on | 5 |
| the type of disability that is alleged.
The guardian ad litem | 6 |
| shall personally observe the respondent prior to the
hearing | 7 |
| and shall inform
him orally and in writing of the contents of | 8 |
| the petition and of his rights
under Section 11a-11.
The | 9 |
| guardian ad litem shall also attempt to elicit the respondent's | 10 |
| position
concerning the adjudication of disability, the | 11 |
| proposed guardian, a proposed
change in residential placement, | 12 |
| changes in care that might result from the
guardianship, and | 13 |
| other areas of inquiry deemed appropriate by the court.
At or | 14 |
| before the hearing, the guardian ad litem shall file a written | 15 |
| report
detailing his or her observations of the respondent, the | 16 |
| responses of the
respondent to any of the inquires detailed in | 17 |
| this Section, the opinion of the
guardian
ad litem or other | 18 |
| professionals with whom the guardian ad litem consulted
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| concerning the appropriateness of guardianship, and any other | 20 |
| material issue
discovered by the guardian ad litem. The | 21 |
| guardian ad litem shall appear at the
hearing and testify as to | 22 |
| any issues presented in his or her report.
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| (b) The court (1) may appoint counsel for the respondent, | 24 |
| if the court finds
that the interests of the respondent will be | 25 |
| best served by the appointment,
and (2) shall appoint counsel | 26 |
| upon respondent's request or if the respondent
takes a position |
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| adverse to that of the guardian ad litem. The respondent
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| be permitted to obtain the appointment of counsel either at the | 3 |
| hearing
or by any written or oral request communicated to the | 4 |
| court prior to the
hearing. The summons shall inform the | 5 |
| respondent of this right to obtain
appointed counsel. The court | 6 |
| may allow counsel for the respondent reasonable
compensation.
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| (c) If the respondent is unable to pay the fee of the | 8 |
| guardian ad litem or
appointed counsel, or both, the court may | 9 |
| enter an order for
the petitioner to
pay all
such
fees or such | 10 |
| amounts as the respondent or the respondent's estate may be | 11 |
| unable
to pay.
However, in cases where the Office of State | 12 |
| Guardian is the petitioner,
consistent with Section 30 of the | 13 |
| Guardianship and Advocacy Act,
or where an elder abuse provider | 14 |
| agency is the petitioner, pursuant to
Section 9 of the Elder | 15 |
| Abuse and Neglect Act,
or where the Department of Human | 16 |
| Services Office of Inspector General is the petitioner, | 17 |
| consistent with Section 45(b) of the Abuse of Adults with | 18 |
| Disabilities Intervention Act, no guardian ad litem or legal | 19 |
| fees shall be assessed against the Office of
State Guardian ,
or | 20 |
| the elder abuse provider agency , or the Department of Human | 21 |
| Services Office of Inspector General .
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| (d) The hearing may be held at such convenient place as the | 23 |
| court directs,
including at a facility in which the respondent | 24 |
| resides.
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| (e) Unless he is the petitioner, the respondent shall be | 26 |
| personally
served with a copy of the petition and a summons not |
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| less than 14 days
before the hearing.
The summons shall be | 2 |
| printed in large, bold type and shall include the
following | 3 |
| notice:
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| NOTICE OF RIGHTS OF RESPONDENT
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| You have been named as a respondent in a guardianship | 6 |
| petition asking that
you be declared a disabled person. If the | 7 |
| court grants the petition, a
guardian will be appointed for | 8 |
| you. A copy of the guardianship petition is
attached for your | 9 |
| convenience.
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| The date and time of the hearing are:
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| The place where the hearing will occur is:
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| The Judge's name and phone number is:
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| If a guardian is appointed for you, the guardian may be | 14 |
| given the right to
make all
important personal decisions for | 15 |
| you, such as where you may live, what medical
treatment you may | 16 |
| receive, what places you may visit, and who may visit you. A
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| guardian may also be given the right to control and manage your | 18 |
| money and other
property, including your home, if you own one. | 19 |
| You may lose the right to make
these decisions for yourself.
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| You have the following legal rights:
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| (1) You have the right to be present at the court | 22 |
| hearing.
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| (2) You have the right to be represented by a lawyer, | 24 |
| either one that you
retain, or one appointed by the Judge.
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| (3) You have the right to ask for a jury of six persons | 26 |
| to hear your case.
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| (4) You have the right to present evidence to the court | 2 |
| and to confront
and
cross-examine witnesses.
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| (5) You have the right to ask the Judge to appoint an | 4 |
| independent expert
to examine you and give an opinion about | 5 |
| your need for a guardian.
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| (6) You have the right to ask that the court hearing be | 7 |
| closed to the
public.
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| (7) You have the right to tell the court whom you | 9 |
| prefer to have for your
guardian.
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| You do not have to attend the court hearing if you do not | 11 |
| want to be there.
If you do not attend, the Judge may appoint a | 12 |
| guardian if the Judge finds that
a guardian would be of benefit | 13 |
| to you. The hearing will not be postponed or
canceled if you do | 14 |
| not attend.
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| IT IS VERY IMPORTANT THAT YOU ATTEND THE HEARING IF YOU DO | 16 |
| NOT WANT A
GUARDIAN OR IF YOU WANT SOMEONE OTHER THAN THE | 17 |
| PERSON NAMED IN THE GUARDIANSHIP
PETITION TO BE YOUR GUARDIAN. | 18 |
| IF YOU DO NOT WANT A GUARDIAN OF IF YOU HAVE ANY
OTHER | 19 |
| PROBLEMS, YOU SHOULD CONTACT AN ATTORNEY OR COME TO COURT AND | 20 |
| TELL THE
JUDGE.
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| Service of summons and the petition may be made by a | 22 |
| private person 18
years
of
age or over who is not a party to the | 23 |
| action.
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| (f) Notice of the time and place of the hearing shall be | 25 |
| given by the
petitioner by mail or in person to those persons, | 26 |
| including the proposed
guardian, whose names and addresses
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| appear in the petition and who do not waive notice, not less | 2 |
| than 14 days
before the hearing.
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| (Source: P.A. 89-396, eff. 8-20-95; 90-628, eff. 1-1-99.)
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| Section 99. Effective date. This Act takes effect upon | 5 |
| becoming law.
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