Full Text of SB3594 97th General Assembly
SB3594sam001 97TH GENERAL ASSEMBLY | Sen. Ira I. Silverstein Filed: 2/28/2012
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| 1 | | AMENDMENT TO SENATE BILL 3594
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3594 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Probate Act of 1975 is amended by changing | 5 | | Section 11a-10 as follows:
| 6 | | (755 ILCS 5/11a-10) (from Ch. 110 1/2, par. 11a-10)
| 7 | | Sec. 11a-10. Procedures preliminary to hearing.
| 8 | | (a) Upon the filing of a petition pursuant to Section | 9 | | 11a-8, the court shall
set a date and place for hearing to take | 10 | | place within 30 days. The court
shall appoint a guardian ad | 11 | | litem to report to the court concerning the
respondent's best | 12 | | interests consistent with the provisions of this Section,
| 13 | | except that
the appointment of a guardian ad litem shall not be | 14 | | required when
the court determines that such appointment is not | 15 | | necessary for the protection
of the respondent or a reasonably | 16 | | informed decision on the petition.
If the guardian ad litem is |
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| 1 | | not a licensed attorney, he or she shall be
qualified,
by
| 2 | | training or experience, to work with or advocate for the | 3 | | developmentally
disabled, mentally ill, physically disabled, | 4 | | the elderly, or persons disabled
because of mental | 5 | | deterioration, depending on the type of disability that is
| 6 | | alleged in the petition.
The court may allow the guardian ad | 7 | | litem reasonable compensation. The
guardian ad litem may | 8 | | consult with a person who by training or experience is
| 9 | | qualified to work with persons with a developmental disability, | 10 | | persons with
mental illness, or physically disabled persons, or | 11 | | persons disabled because of
mental deterioration, depending on | 12 | | the type of disability that is alleged.
The guardian ad litem | 13 | | shall personally observe the respondent prior to the
hearing | 14 | | and shall inform
him orally and in writing of the contents of | 15 | | the petition and of his rights
under Section 11a-11.
The | 16 | | guardian ad litem shall also attempt to elicit the respondent's | 17 | | position
concerning the adjudication of disability, the | 18 | | proposed guardian, a proposed
change in residential placement, | 19 | | changes in care that might result from the
guardianship, and | 20 | | other areas of inquiry deemed appropriate by the court.
| 21 | | Notwithstanding any provision in the Mental Health and | 22 | | Developmental Disabilities Confidentiality Act or any other | 23 | | law, a guardian ad litem shall have the right to inspect and | 24 | | copy any medical or mental health record of the respondent | 25 | | which the guardian ad litem deems necessary, provided that the | 26 | | information so disclosed shall not be utilized for any other |
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| 1 | | purpose nor be redisclosed except in connection with the | 2 | | proceedings. At or before the hearing, the guardian ad litem | 3 | | shall file a written report
detailing his or her observations | 4 | | of the respondent, the responses of the
respondent to any of | 5 | | the inquires detailed in this Section, the opinion of the
| 6 | | guardian
ad litem or other professionals with whom the guardian | 7 | | ad litem consulted
concerning the appropriateness of | 8 | | guardianship, and any other material issue
discovered by the | 9 | | guardian ad litem. The guardian ad litem shall appear at the
| 10 | | hearing and testify as to any issues presented in his or her | 11 | | report.
| 12 | | (b) The court (1) may appoint counsel for the respondent, | 13 | | if the court finds
that the interests of the respondent will be | 14 | | best served by the appointment,
and (2) shall appoint counsel | 15 | | upon respondent's request or if the respondent
takes a position | 16 | | adverse to that of the guardian ad litem. The respondent
shall | 17 | | be permitted to obtain the appointment of counsel either at the | 18 | | hearing
or by any written or oral request communicated to the | 19 | | court prior to the
hearing. The summons shall inform the | 20 | | respondent of this right to obtain
appointed counsel. The court | 21 | | may allow counsel for the respondent reasonable
compensation.
| 22 | | (c) If the respondent is unable to pay the fee of the | 23 | | guardian ad litem or
appointed counsel, or both, the court may | 24 | | enter an order for
the petitioner to
pay all
such
fees or such | 25 | | amounts as the respondent or the respondent's estate may be | 26 | | unable
to pay.
However, in cases where the Office of State |
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| 1 | | Guardian is the petitioner,
consistent with Section 30 of the | 2 | | Guardianship and Advocacy Act, where the public guardian is the | 3 | | petitioner, consistent with Section 13-5 of the Probate Act of | 4 | | 1975,
where an elder abuse provider agency is the petitioner, | 5 | | pursuant to
Section 9 of the Elder Abuse and Neglect Act,
or | 6 | | where the Department of Human Services Office of Inspector | 7 | | General is the petitioner, consistent with Section 45 of the | 8 | | Abuse of Adults with Disabilities Intervention Act, no guardian | 9 | | ad litem or legal fees shall be assessed against the Office of
| 10 | | State Guardian, the public guardian, the elder abuse provider | 11 | | agency, or the Department of Human Services Office of Inspector | 12 | | General.
| 13 | | (d) The hearing may be held at such convenient place as the | 14 | | court directs,
including at a facility in which the respondent | 15 | | resides.
| 16 | | (e) Unless he is the petitioner, the respondent shall be | 17 | | personally
served with a copy of the petition and a summons not | 18 | | less than 14 days
before the hearing.
The summons shall be | 19 | | printed in large, bold type and shall include the
following | 20 | | notice:
| 21 | | NOTICE OF RIGHTS OF RESPONDENT
| 22 | | You have been named as a respondent in a guardianship | 23 | | petition asking that
you be declared a disabled person. If the | 24 | | court grants the petition, a
guardian will be appointed for | 25 | | you. A copy of the guardianship petition is
attached for your | 26 | | convenience.
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| 1 | | The date and time of the hearing are:
| 2 | | The place where the hearing will occur is:
| 3 | | The Judge's name and phone number is:
| 4 | | If a guardian is appointed for you, the guardian may be | 5 | | given the right to
make all
important personal decisions for | 6 | | you, such as where you may live, what medical
treatment you may | 7 | | receive, what places you may visit, and who may visit you. A
| 8 | | guardian may also be given the right to control and manage your | 9 | | money and other
property, including your home, if you own one. | 10 | | You may lose the right to make
these decisions for yourself.
| 11 | | You have the following legal rights:
| 12 | | (1) You have the right to be present at the court | 13 | | hearing.
| 14 | | (2) You have the right to be represented by a lawyer, | 15 | | either one that you
retain, or one appointed by the Judge.
| 16 | | (3) You have the right to ask for a jury of six persons | 17 | | to hear your case.
| 18 | | (4) You have the right to present evidence to the court | 19 | | and to confront
and
cross-examine witnesses.
| 20 | | (5) You have the right to ask the Judge to appoint an | 21 | | independent expert
to examine you and give an opinion about | 22 | | your need for a guardian.
| 23 | | (6) You have the right to ask that the court hearing be | 24 | | closed to the
public.
| 25 | | (7) You have the right to tell the court whom you | 26 | | prefer to have for your
guardian.
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| 1 | | You do not have to attend the court hearing if you do not | 2 | | want to be there.
If you do not attend, the Judge may appoint a | 3 | | guardian if the Judge finds that
a guardian would be of benefit | 4 | | to you. The hearing will not be postponed or
canceled if you do | 5 | | not attend.
| 6 | | IT IS VERY IMPORTANT THAT YOU ATTEND THE HEARING IF YOU DO | 7 | | NOT WANT A
GUARDIAN OR IF YOU WANT SOMEONE OTHER THAN THE | 8 | | PERSON NAMED IN THE GUARDIANSHIP
PETITION TO BE YOUR GUARDIAN. | 9 | | IF YOU DO NOT WANT A GUARDIAN OF IF YOU HAVE ANY
OTHER | 10 | | PROBLEMS, YOU SHOULD CONTACT AN ATTORNEY OR COME TO COURT AND | 11 | | TELL THE
JUDGE.
| 12 | | Service of summons and the petition may be made by a | 13 | | private person 18
years
of
age or over who is not a party to the | 14 | | action.
| 15 | | (f) Notice of the time and place of the hearing shall be | 16 | | given by the
petitioner by mail or in person to those persons, | 17 | | including the proposed
guardian, whose names and addresses
| 18 | | appear in the petition and who do not waive notice, not less | 19 | | than 14 days
before the hearing.
| 20 | | (Source: P.A. 96-1052, eff. 7-14-10; 97-375, eff. 8-15-11.)".
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