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| Public Act 102-0191 | ||||
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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. | ||||
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 | ||
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 | ||
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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(Source: P.A. 99-143, eff. 7-27-15; 99-642, eff. 7-28-16; | ||
100-201, eff. 8-18-17; 100-427, eff. 1-1-18.)
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