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Public Act 098-1094 |
SB1051 Enrolled | LRB098 07179 HEP 37240 b |
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Probate Act of 1975 is amended by changing |
Sections 11a-9, 11a-11, and 11a-12 as follows:
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(755 ILCS 5/11a-9) (from Ch. 110 1/2, par. 11a-9)
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Sec. 11a-9.
Report.)
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(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
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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
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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 |
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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.
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(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.
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(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
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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,
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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
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review, to the respondent, the petitioner, the guardian, and |
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their
attorneys, to the
respondent's guardian ad litem, and to |
such other persons as the court
may direct.
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(Source: P.A. 89-396, eff. 8-20-95.)
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(755 ILCS 5/11a-11) (from Ch. 110 1/2, par. 11a-11)
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Sec. 11a-11. Hearing.
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(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.
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(b) (Blank) .
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(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
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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,
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consistent with Section 30 of the Guardianship and Advocacy |
Act, no expert
services fees shall be assessed against the |
Office of the State Guardian .
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(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.
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(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
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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.
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(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 |
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evidence at the hearing.
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(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.
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(Source: P.A. 88-32; 88-380; 88-670, eff. 12-2-94; 89-396, eff. |
8-20-95.)
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(755 ILCS 5/11a-12) (from Ch. 110 1/2, par. 11a-12)
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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.
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(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 |
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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.
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(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.
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(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.
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(Source: P.A. 97-1093, eff. 1-1-13.)
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