102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
Introduced 2/10/2021, by Rep. Terra Costa Howard
SYNOPSIS AS INTRODUCED:
755 ILCS 5/11a-10
from Ch. 110 1/2, par. 11a-10
Amends the Adult Guardianship Article of the Probate Act of 1975.
Deletes language providing that 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
fees or such amounts as the
respondent or the respondent's estate may be unable
to pay. Provides
instead that the allocation of guardian ad litem fees and costs is within
the discretion of the court. Provides that 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 the Protection and Advocacy for
Persons with Developmental Disabilities Act.
A BILL FOR
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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
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)
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
interests consistent with the provisions of this Section,
the appointment of a guardian ad litem shall not be
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
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.
court may allow the guardian ad litem reasonable compensation.