Full Text of HB4050 101st General Assembly
HB4050ham002 101ST GENERAL ASSEMBLY | Rep. Daniel Didech Filed: 2/5/2020
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| 1 | | AMENDMENT TO HOUSE BILL 4050
| 2 | | AMENDMENT NO. ______. Amend House Bill 4050 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-9 as follows:
| 6 | | (755 ILCS 5/11a-9) (from Ch. 110 1/2, par. 11a-9)
| 7 | | Sec. 11a-9. Report.) | 8 | | (a) The petition for adjudication of disability
and for | 9 | | appointment of a guardian
should be accompanied by a report | 10 | | which contains (1) a description of
the nature and type of the | 11 | | respondent's disability and an assessment of how
the disability | 12 | | impacts on the ability of the respondent to make decisions or
| 13 | | to function independently; (2) an analysis and results of | 14 | | evaluations of
the respondent's mental and physical condition | 15 | | and, where
appropriate, educational condition, adaptive | 16 | | behavior and social skills,
which have been performed within 3 |
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| 1 | | months of the date of the filing of the
petition , or, in the | 2 | | case of an intellectual disability, a psychological evaluation | 3 | | that has been performed within one year of the date of the | 4 | | filing of the petition ; (3) an opinion as to whether | 5 | | guardianship is
needed, the type and scope of the guardianship | 6 | | needed, and the reasons
therefor; (4) a recommendation as to | 7 | | the most suitable living arrangement
and, where appropriate, | 8 | | treatment or habilitation plan for the respondent
and the | 9 | | reasons therefor; (5) the name, business address, business | 10 | | telephone number, and signatures of all persons who performed
| 11 | | the evaluations upon which the report is based, one of whom | 12 | | shall be
a licensed physician , or, if intellectual disability | 13 | | forms the basis of the petition for the appointment of a | 14 | | guardian, a licensed clinical psychologist, and a statement of | 15 | | the certification, license, or other
credentials that qualify | 16 | | the evaluators who prepared the report.
| 17 | | (b) If for any reason no report accompanies the petition, | 18 | | the court
shall order appropriate evaluations to be performed | 19 | | by a qualified
person or persons and a report prepared and | 20 | | filed with the court at least
10 days prior to the hearing.
| 21 | | (b-5) Upon oral or written motion by the respondent or the | 22 | | guardian ad
litem or upon the court's own motion, the court | 23 | | shall appoint one or more
independent experts to examine the | 24 | | respondent. Upon the filing with the
court of a verified | 25 | | statement of services rendered by the expert or
experts, the | 26 | | court shall determine a reasonable fee for the services
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| 1 | | performed. If the respondent is unable to pay the fee, the | 2 | | court may
enter an order upon the petitioner to pay the entire | 3 | | fee or such
amount as
the respondent is unable to pay.
However, | 4 | | in cases where the Office of State Guardian is the petitioner,
| 5 | | consistent with Section 30 of the Guardianship and Advocacy | 6 | | Act, no expert
services fees shall be assessed against the | 7 | | Office of the State Guardian. | 8 | | (c) Unless the court otherwise directs, any report prepared | 9 | | pursuant
to this Section shall not be made
part of the public | 10 | | record of the proceedings but shall be available to
the court | 11 | | or an appellate court in which the proceedings are subject to
| 12 | | review, to the respondent, the petitioner, the guardian, and | 13 | | their
attorneys, to the
respondent's guardian ad litem, and to | 14 | | such other persons as the court
may direct.
| 15 | | (Source: P.A. 98-1094, eff. 1-1-15 .)".
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