Public Act 096-1052
 
HB5894 EnrolledLRB096 19170 AJO 36305 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 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 the
developmentally disabled, mentally ill, physically disabled,
the elderly, or persons disabled because of 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, or physically disabled persons, or
persons disabled because of 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. 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 inquires 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 an elder abuse provider
agency is the petitioner, pursuant to Section 9 of the Elder
Abuse and Neglect Act, or where the Department of Human
Services Office of Inspector General is the petitioner,
consistent with Section 45 45(b) of the Abuse of Adults with
Disabilities Intervention Act, no guardian ad litem or legal
fees shall be assessed against the Office of State Guardian,
the elder abuse provider agency, or the Department of Human
Services Office of Inspector General.
    (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 disabled person. 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.
    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 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. 95-373, eff. 8-23-07.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.