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Public Act 102-0191
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| HB0842 Enrolled | LRB102 12539 LNS 17877 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,
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represented in the General Assembly:
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Section 5. The Probate Act of 1975 is amended by changing |
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 |
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,
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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
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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. |
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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
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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
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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.
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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
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guardian
ad litem or other professionals with whom the |
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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
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hearing and testify as to any issues presented in his or her |
report.
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(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.
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(c) The allocation of guardian ad litem fees and costs is |
within the discretion of the court. No legal fees, appointed |
counsel fees, guardian ad litem fees, or costs shall be |
assessed against the Office of the State Guardian, the public |
guardian, an adult protective services agency, the Department |
of Children and Family Services, or the agency designated by |
the Governor under Section 1 of the Protection and Advocacy |
for Persons with Developmental Disabilities Act. If the |
respondent is unable to pay the fee of the guardian ad litem or
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appointed counsel, or both, the court may enter an order for
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the petitioner to
pay all
such
fees or such amounts as the |
respondent or the respondent's estate may be unable
to pay.
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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
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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.
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(d) The hearing may be held at such convenient place as the |
court directs,
including at a facility in which the respondent |
resides.
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(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:
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NOTICE OF RIGHTS OF RESPONDENT
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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 |
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be appointed for you. A copy of the guardianship petition is
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attached for your 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 |
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
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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.
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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 |
hearing.
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(2) You have the right to be represented by a lawyer, |
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 |
to hear your case.
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(4) You have the right to present evidence to the |
court and to confront
and
cross-examine witnesses.
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(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.
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(6) You have the right to ask that the court hearing be |
closed to the
public.
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(7) You have the right to tell the court whom you |
prefer to have for your
guardian.
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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.
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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 IF YOU HAVE ANY
OTHER |
PROBLEMS, YOU SHOULD CONTACT AN ATTORNEY OR COME TO COURT AND |
TELL THE
JUDGE.
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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.
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(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
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appear in the petition and who do not waive notice, not less |
than 14 days
before the hearing.
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