Illinois General Assembly - Full Text of HB2816
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Full Text of HB2816  101st General Assembly

HB2816eng 101ST GENERAL ASSEMBLY

  
  
  

 


 
HB2816 EngrossedLRB101 08686 LNS 53771 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Probate Act of 1975 is amended by changing
5Section 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
911a-8, the court shall set a date and place for hearing to take
10place within 30 days. The court shall appoint a guardian ad
11litem to report to the court concerning the respondent's best
12interests consistent with the provisions of this Section,
13except that the appointment of a guardian ad litem shall not be
14required when the court determines that such appointment is not
15necessary for the protection of the respondent or a reasonably
16informed decision on the petition. If the guardian ad litem is
17not a licensed attorney, he or she shall be qualified, by
18training or experience, to work with or advocate for persons
19with developmental disabilities, the mentally ill, persons
20with physical disabilities, the elderly, or persons with a
21disability due to mental deterioration, depending on the type
22of disability that is alleged in the petition. The court may
23allow the guardian ad litem reasonable compensation. The

 

 

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1guardian ad litem may consult with a person who by training or
2experience is qualified to work with persons with a
3developmental disability, persons with mental illness, persons
4with physical disabilities, or persons with a disability due to
5mental deterioration, depending on the type of disability that
6is alleged. The guardian ad litem shall personally observe the
7respondent prior to the hearing and shall inform him orally and
8in writing of the contents of the petition and of his rights
9under Section 11a-11. The guardian ad litem shall also attempt
10to elicit the respondent's position concerning the
11adjudication of disability, the proposed guardian, a proposed
12change in residential placement, changes in care that might
13result from the guardianship, and other areas of inquiry deemed
14appropriate by the court. Notwithstanding any provision in the
15Mental Health and Developmental Disabilities Confidentiality
16Act or any other law, a guardian ad litem shall have the right
17to inspect and copy any medical or mental health record of the
18respondent which the guardian ad litem deems necessary,
19provided that the information so disclosed shall not be
20utilized for any other purpose nor be redisclosed except in
21connection with the proceedings. At or before the hearing, the
22guardian ad litem shall file a written report detailing his or
23her observations of the respondent, the responses of the
24respondent to any of the inquiries detailed in this Section,
25the opinion of the guardian ad litem or other professionals
26with whom the guardian ad litem consulted concerning the

 

 

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1appropriateness of guardianship, and any other material issue
2discovered by the guardian ad litem. The guardian ad litem
3shall appear at the hearing and testify as to any issues
4presented in his or her report.
5    (b) The court (1) may appoint counsel for the respondent,
6if the court finds that the interests of the respondent will be
7best served by the appointment, and (2) shall appoint counsel
8upon respondent's request or if the respondent takes a position
9adverse to that of the guardian ad litem. The respondent shall
10be permitted to obtain the appointment of counsel either at the
11hearing or by any written or oral request communicated to the
12court prior to the hearing. The summons shall inform the
13respondent of this right to obtain appointed counsel. The court
14may allow counsel for the respondent reasonable compensation.
15    (c) The allocation of guardian ad litem fees and costs is
16within the discretion of the court. No legal fees, appointed
17counsel fees, guardian ad litem fees, or costs shall be
18assessed against the Office of the State Guardian, the public
19guardian, an adult protective services agency, the Department
20of Children and Family Services, or the agency designated by
21the Governor under Section 1 of the Protection and Advocacy for
22Persons with Developmental Disabilities Act. If the respondent
23is unable to pay the fee of the guardian ad litem or appointed
24counsel, or both, the court may enter an order for the
25petitioner to pay all such fees or such amounts as the
26respondent or the respondent's estate may be unable to pay.

 

 

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1However, in cases where the Office of State Guardian is the
2petitioner, consistent with Section 30 of the Guardianship and
3Advocacy Act, where the public guardian is the petitioner,
4consistent with Section 13-5 of this Act, where an adult
5protective services agency is the petitioner, pursuant to
6Section 9 of the Adult Protective Services Act, or where the
7Department of Children and Family Services is the petitioner
8under subparagraph (d) of subsection (1) of Section 2-27 of the
9Juvenile Court Act of 1987, no guardian ad litem or legal fees
10shall be assessed against the Office of State Guardian, the
11public guardian, the adult protective services agency, or the
12Department of Children and Family Services.
13    (d) The hearing may be held at such convenient place as the
14court directs, including at a facility in which the respondent
15resides.
16    (e) Unless he is the petitioner, the respondent shall be
17personally served with a copy of the petition and a summons not
18less than 14 days before the hearing. The summons shall be
19printed in large, bold type and shall include the following
20notice:
21
NOTICE OF RIGHTS OF RESPONDENT
22    You have been named as a respondent in a guardianship
23petition asking that you be declared a person with a
24disability. If the court grants the petition, a guardian will
25be appointed for you. A copy of the guardianship petition is
26attached for your convenience.

 

 

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1The date and time of the hearing are:
2The place where the hearing will occur is:
3The Judge's name and phone number is:
4    If a guardian is appointed for you, the guardian may be
5given the right to make all important personal decisions for
6you, such as where you may live, what medical treatment you may
7receive, what places you may visit, and who may visit you. A
8guardian may also be given the right to control and manage your
9money and other property, including your home, if you own one.
10You 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
2want to be there. If you do not attend, the Judge may appoint a
3guardian if the Judge finds that a guardian would be of benefit
4to you. The hearing will not be postponed or canceled if you do
5not attend. If you are unable to attend the hearing in person
6or you will suffer harm if you attend, the Judge can decide to
7hold the hearing at a place that is convenient. The Judge can
8also follow the rule of the Supreme Court of this State, or its
9local equivalent, and decide if a video conference is
10appropriate.
11    IT IS VERY IMPORTANT THAT YOU ATTEND THE HEARING IF YOU DO
12NOT WANT A GUARDIAN OR IF YOU WANT SOMEONE OTHER THAN THE
13PERSON NAMED IN THE GUARDIANSHIP PETITION TO BE YOUR GUARDIAN.
14IF YOU DO NOT WANT A GUARDIAN OR IF YOU HAVE ANY OTHER
15PROBLEMS, YOU SHOULD CONTACT AN ATTORNEY OR COME TO COURT AND
16TELL THE JUDGE.
17    Service of summons and the petition may be made by a
18private person 18 years of age or over who is not a party to the
19action.
20    (f) Notice of the time and place of the hearing shall be
21given by the petitioner by mail or in person to those persons,
22including the proposed guardian, whose names and addresses
23appear in the petition and who do not waive notice, not less
24than 14 days before the hearing.
25(Source: P.A. 99-143, eff. 7-27-15; 99-642, eff. 7-28-16;
26100-201, eff. 8-18-17; 100-427, eff. 1-1-18.)