|
Public Act 100-0427
|
| SB1319 Enrolled | LRB100 08450 HEP 18568 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 |
Section 11a-10 and by adding Section 11a-11.5 as follows:
|
(755 ILCS 5/11a-10) (from Ch. 110 1/2, par. 11a-10)
|
Sec. 11a-10. Procedures preliminary to hearing.
|
(a) Upon the filing of a petition pursuant to Section |
11a-8, the court shall
set a date and place for hearing to take |
place within 30 days. The court
shall appoint a guardian ad |
litem to report to the court concerning the
respondent's best |
interests consistent with the provisions of this Section,
|
except that
the appointment of a guardian ad litem shall not be |
required when
the court determines that such appointment is not |
necessary for the protection
of the respondent or a reasonably |
informed decision on the petition.
If the guardian ad litem is |
not a licensed attorney, he or she shall be
qualified,
by
|
training or experience, to work with or advocate for persons |
with developmental disabilities, the mentally ill, persons |
with physical disabilities, the elderly, or persons with a |
disability due to mental deterioration, depending on the type |
of disability that is
alleged in the petition.
The court may |
allow the guardian ad litem reasonable compensation. The
|
|
guardian ad litem may consult with a person who by training or |
experience is
qualified to work with persons with a |
developmental disability, persons with
mental illness, persons |
with physical disabilities, or persons with a disability due to
|
mental deterioration, depending on the type of disability that |
is alleged.
The guardian ad litem shall personally observe the |
respondent prior to the
hearing and shall inform
him orally and |
in writing of the contents of the petition and of his rights
|
under Section 11a-11.
The guardian ad litem shall also attempt |
to elicit the respondent's position
concerning the |
adjudication of disability, the proposed guardian, a proposed
|
change in residential placement, changes in care that might |
result from the
guardianship, and other areas of inquiry deemed |
appropriate by the court.
Notwithstanding any provision in the |
Mental Health and Developmental Disabilities Confidentiality |
Act or any other law, a guardian ad litem shall have the right |
to inspect and copy any medical or mental health record of the |
respondent which the guardian ad litem deems necessary, |
provided that the information so disclosed shall not be |
utilized for any other purpose nor be redisclosed except in |
connection with the proceedings. At or before the hearing, the |
guardian ad litem shall file a written report
detailing his or |
her observations of the respondent, the responses of the
|
respondent to any of the inquiries detailed in this Section, |
the opinion of the
guardian
ad litem or other professionals |
with whom the guardian ad litem consulted
concerning the |
|
appropriateness of guardianship, and any other material issue
|
discovered by the guardian ad litem. The guardian ad litem |
shall appear at the
hearing and testify as to any issues |
presented in his or her report.
|
(b) The court (1) may appoint counsel for the respondent, |
if the court finds
that the interests of the respondent will be |
best served by the appointment,
and (2) shall appoint counsel |
upon respondent's request or if the respondent
takes a position |
adverse to that of the guardian ad litem. The respondent
shall |
be permitted to obtain the appointment of counsel either at the |
hearing
or by any written or oral request communicated to the |
court prior to the
hearing. The summons shall inform the |
respondent of this right to obtain
appointed counsel. The court |
may allow counsel for the respondent reasonable
compensation.
|
(c) If the respondent is unable to pay the fee of the |
guardian ad litem or
appointed counsel, or both, the court may |
enter an order for
the petitioner to
pay all
such
fees or such |
amounts as the respondent or the respondent's estate may be |
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, where the public guardian is the |
petitioner, consistent with Section 13-5 of this Act,
where an |
adult protective services agency is the petitioner, pursuant to
|
Section 9 of the Adult Protective Services Act, or where the |
Department of Children and Family Services is the petitioner |
under subparagraph (d) of subsection (1) of Section 2-27 of the |
|
Juvenile Court Act of 1987, no guardian ad litem or legal fees |
shall be assessed against the Office of
State Guardian, the |
public guardian, the adult protective services agency, or the |
Department of Children and Family Services.
|
(d) The hearing may be held at such convenient place as the |
court directs,
including at a facility in which the respondent |
resides.
|
(e) Unless he is the petitioner, the respondent shall be |
personally
served with a copy of the petition and a summons not |
less than 14 days
before the hearing.
The summons shall be |
printed in large, bold type and shall include the
following |
notice:
|
NOTICE OF RIGHTS OF RESPONDENT
|
You have been named as a respondent in a guardianship |
petition asking that
you be declared a person with a |
disability. If the court grants the petition, a
guardian will |
be appointed for you. A copy of the guardianship petition is
|
attached for your convenience.
|
The date and time of the hearing are:
|
The place where the hearing will occur is:
|
The Judge's name and phone number is:
|
If a guardian is appointed for you, the guardian may be |
given the right to
make all
important personal decisions for |
you, such as where you may live, what medical
treatment you may |
receive, what places you may visit, and who may visit you. A
|
guardian may also be given the right to control and manage your |
|
money and other
property, including your home, if you own one. |
You may lose the right to make
these decisions for yourself.
|
You have the following legal rights:
|
(1) You have the right to be present at the court |
hearing.
|
(2) You have the right to be represented by a lawyer, |
either one that you
retain, or one appointed by the Judge.
|
(3) You have the right to ask for a jury of six persons |
to hear your case.
|
(4) You have the right to present evidence to the court |
and to confront
and
cross-examine witnesses.
|
(5) You have the right to ask the Judge to appoint an |
independent expert
to examine you and give an opinion about |
your need for a guardian.
|
(6) You have the right to ask that the court hearing be |
closed to the
public.
|
(7) You have the right to tell the court whom you |
prefer to have for your
guardian.
|
You do not have to attend the court hearing if you do not |
want to be there.
If you do not attend, the Judge may appoint a |
guardian if the Judge finds that
a guardian would be of benefit |
to you. The hearing will not be postponed or
canceled if you do |
not attend. If you are unable to attend the hearing in person |
or you will suffer harm if you attend, the Judge can decide to |
hold the hearing at a place that is convenient. The Judge can |
also follow the rule of the Supreme Court of this State, or its |
|
local equivalent, and decide if a video conference is |
appropriate.
|
IT IS VERY IMPORTANT THAT YOU ATTEND THE HEARING IF YOU DO |
NOT WANT A
GUARDIAN OR IF YOU WANT SOMEONE OTHER THAN THE |
PERSON NAMED IN THE GUARDIANSHIP
PETITION TO BE YOUR GUARDIAN. |
IF YOU DO NOT WANT A GUARDIAN OR OF IF YOU HAVE ANY
OTHER |
PROBLEMS, YOU SHOULD CONTACT AN ATTORNEY OR COME TO COURT AND |
TELL THE
JUDGE.
|
Service of summons and the petition may be made by a |
private person 18
years
of
age or over who is not a party to the |
action.
|
(f) Notice of the time and place of the hearing shall be |
given by the
petitioner by mail or in person to those persons, |
including the proposed
guardian, whose names and addresses
|
appear in the petition and who do not waive notice, not less |
than 14 days
before the hearing.
|
(Source: P.A. 98-49, eff. 7-1-13; 98-89, eff. 7-15-13; 98-756, |
eff. 7-16-14; 99-143, eff. 7-27-15; 99-642, eff. 7-28-16; |
revised 10-27-16.)
|
(755 ILCS 5/11a-11.5 new) |
Sec. 11a-11.5. Video conferencing. Any circuit court of |
this State may adopt rules consistent with the rules of the |
Supreme Court of this State permitting the use of video |
conferencing equipment in any hearing under Section 11a-11. No |
rule shall preclude a party from seeking the presentation of |