Public Act 098-1094
 
SB1051 EnrolledLRB098 07179 HEP 37240 b

    AN ACT concerning civil law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Probate Act of 1975 is amended by changing
Sections 11a-9, 11a-11, and 11a-12 as follows:
 
    (755 ILCS 5/11a-9)  (from Ch. 110 1/2, par. 11a-9)
    Sec. 11a-9. Report.)
    (a) The petition for adjudication of disability and for
appointment of a guardian should be accompanied by a report
which contains (1) a description of the nature and type of the
respondent's disability and an assessment of how the disability
impacts on the ability of the respondent to make decisions or
to function independently; (2) an analysis and results of
evaluations of the respondent's mental and physical condition
and, where appropriate, educational condition, adaptive
behavior and social skills, which have been performed within 3
months of the date of the filing of the petition; (3) an
opinion as to whether guardianship is needed, the type and
scope of the guardianship needed, and the reasons therefor; (4)
a recommendation as to the most suitable living arrangement
and, where appropriate, treatment or habilitation plan for the
respondent and the reasons therefor; (5) the name, business
address, business telephone number, and the signatures of all
persons who performed the evaluations upon which the report is
based, one of whom shall be a licensed physician and a
statement of the certification, license, or other credentials
that qualify the evaluators who prepared the report.
    (b) If for any reason no report accompanies the petition,
the court shall order appropriate evaluations to be performed
by a qualified person or persons and a report prepared and
filed with the court at least 10 days prior to the hearing.
    (b-5) Upon oral or written motion by the respondent or the
guardian ad litem or upon the court's own motion, the court
shall appoint one or more independent experts to examine the
respondent. Upon the filing with the court of a verified
statement of services rendered by the expert or experts, the
court shall determine a reasonable fee for the services
performed. If the respondent is unable to pay the fee, the
court may enter an order upon the petitioner to pay the entire
fee or such amount as the respondent is unable to pay. However,
in cases where the Office of State Guardian is the petitioner,
consistent with Section 30 of the Guardianship and Advocacy
Act, no expert services fees shall be assessed against the
Office of the State Guardian.
    (c) Unless the court otherwise directs, any report prepared
pursuant to this Section shall not be made part of the public
record of the proceedings but shall be available to the court
or an appellate court in which the proceedings are subject to
review, to the respondent, the petitioner, the guardian, and
their attorneys, to the respondent's guardian ad litem, and to
such other persons as the court may direct.
(Source: P.A. 89-396, eff. 8-20-95.)
 
    (755 ILCS 5/11a-11)  (from Ch. 110 1/2, par. 11a-11)
    Sec. 11a-11. Hearing.
    (a) The respondent is entitled to be represented by
counsel, to demand a jury of 6 persons, to present evidence,
and to confront and cross-examine all witnesses. The hearing
may be closed to the public on request of the respondent, the
guardian ad litem, or appointed or other counsel for the
respondent. Unless excused by the court upon a showing that the
respondent refuses to be present or will suffer harm if
required to attend, the respondent shall be present at the
hearing.
    (b) (Blank).
    (c) (Blank) Upon oral or written motion by the respondent
or the guardian ad litem or on the court's own motion, the
court shall appoint one or more independent experts to examine
the respondent. Upon the filing with the court of a verified
statement of services rendered by the expert or experts, the
court shall determine a reasonable fee for the services
performed. If the respondent is unable to pay the fee, the
court may enter an order upon the petitioner to pay the entire
fee or such amount as the respondent is unable to pay. However,
in cases where the Office of State Guardian is the petitioner,
consistent with Section 30 of the Guardianship and Advocacy
Act, no expert services fees shall be assessed against the
Office of the State Guardian.
    (d) In an uncontested proceeding for the appointment of a
guardian the person who prepared the report required by Section
11a-9 will only be required to testify at trial upon order of
court for cause shown.
    (e) At the hearing the court shall inquire regarding: (1)
the nature and extent of respondent's general intellectual and
physical functioning; (2) the extent of the impairment of his
adaptive behavior if he is a person with a developmental
disability, or the nature and severity of his mental illness if
he is a person with mental illness; (3) the understanding and
capacity of the respondent to make and communicate responsible
decisions concerning his person; (4) the capacity of the
respondent to manage his estate and his financial affairs; (5)
the appropriateness of proposed and alternate living
arrangements; (6) the impact of the disability upon the
respondent's functioning in the basic activities of daily
living and the important decisions faced by the respondent or
normally faced by adult members of the respondent's community;
and (7) any other area of inquiry deemed appropriate by the
court.
    (f) An authenticated transcript of the evidence taken in a
judicial proceeding concerning the respondent under the Mental
Health and Developmental Disabilities Code is admissible in
evidence at the hearing.
    (g) If the petition is for the appointment of a guardian
for a disabled beneficiary of the Veterans Administration, a
certificate of the Administrator of Veterans Affairs or his
representative stating that the beneficiary has been
determined to be incompetent by the Veterans Administration on
examination in accordance with the laws and regulations
governing the Veterans Administration in effect upon the date
of the issuance of the certificate and that the appointment of
a guardian is a condition precedent to the payment of any money
due the beneficiary by the Veterans Administration, is
admissible in evidence at the hearing.
(Source: P.A. 88-32; 88-380; 88-670, eff. 12-2-94; 89-396, eff.
8-20-95.)
 
    (755 ILCS 5/11a-12)  (from Ch. 110 1/2, par. 11a-12)
    Sec. 11a-12. Order of appointment.)
    (a) If basis for the appointment of a guardian as specified
in Section 11a-3 is not found, the court shall dismiss the
petition.
    (b) If the respondent is adjudged to be disabled and to
lack some but not all of the capacity as specified in Section
11a-3, and if the court finds that guardianship is necessary
for the protection of the disabled person, his or her estate,
or both, the court shall appoint a limited guardian for the
respondent's person or estate or both. The court shall enter a
written order stating the factual basis for its findings and
specifying the duties and powers of the guardian and the legal
disabilities to which the respondent is subject.
    (c) If the respondent is adjudged to be disabled and to be
totally without capacity as specified in Section 11a-3, and if
the court finds that limited guardianship will not provide
sufficient protection for the disabled person, his or her
estate, or both, the court shall appoint a plenary guardian for
the respondent's person or estate or both. The court shall
enter a written order stating the factual basis for its
findings.
    (d) The selection of the guardian shall be in the
discretion of the court, which shall give due consideration to
the preference of the disabled person as to a guardian, as well
as the qualifications of the proposed guardian, in making its
appointment. However, the paramount concern in the selection of
the guardian is the best interest and well-being of the
disabled person.
(Source: P.A. 97-1093, eff. 1-1-13.)