Illinois General Assembly - Full Text of HB0842
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Full Text of HB0842  102nd General Assembly

HB0842eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB0842 EngrossedLRB102 12539 LNS 17877 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
15not necessary for the protection of the respondent or a
16reasonably informed decision on the petition. If the guardian
17ad litem is not a licensed attorney, he or she shall be
18qualified, by training or experience, to work with or advocate
19for persons with developmental disabilities, the mentally ill,
20persons with physical disabilities, the elderly, or persons
21with a disability due to mental deterioration, depending on
22the type of disability that is alleged in the petition. The
23court may allow the guardian ad litem reasonable compensation.

 

 

HB0842 Engrossed- 2 -LRB102 12539 LNS 17877 b

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

 

 

HB0842 Engrossed- 3 -LRB102 12539 LNS 17877 b

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

 

 

HB0842 Engrossed- 4 -LRB102 12539 LNS 17877 b

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

 

 

HB0842 Engrossed- 5 -LRB102 12539 LNS 17877 b

1be appointed for you. A copy of the guardianship petition is
2attached for your convenience.
3The date and time of the hearing are:
4The place where the hearing will occur is:
5The Judge's name and phone number is:
6    If a guardian is appointed for you, the guardian may be
7given the right to make all important personal decisions for
8you, such as where you may live, what medical treatment you may
9receive, what places you may visit, and who may visit you. A
10guardian may also be given the right to control and manage your
11money and other property, including your home, if you own one.
12You may lose the right to make these decisions for yourself.
13    You have the following legal rights:
14        (1) You have the right to be present at the court
15    hearing.
16        (2) You have the right to be represented by a lawyer,
17    either one that you retain, or one appointed by the Judge.
18        (3) You have the right to ask for a jury of six persons
19    to hear your case.
20        (4) You have the right to present evidence to the
21    court and to confront and cross-examine witnesses.
22        (5) You have the right to ask the Judge to appoint an
23    independent expert to examine you and give an opinion
24    about your need for a guardian.
25        (6) You have the right to ask that the court hearing be
26    closed to the public.

 

 

HB0842 Engrossed- 6 -LRB102 12539 LNS 17877 b

1        (7) You have the right to tell the court whom you
2    prefer to have for your guardian.
3    You do not have to attend the court hearing if you do not
4want to be there. If you do not attend, the Judge may appoint a
5guardian if the Judge finds that a guardian would be of benefit
6to you. The hearing will not be postponed or canceled if you do
7not attend. If you are unable to attend the hearing in person
8or you will suffer harm if you attend, the Judge can decide to
9hold the hearing at a place that is convenient. The Judge can
10also follow the rule of the Supreme Court of this State, or its
11local equivalent, and decide if a video conference is
12appropriate.
13    IT IS VERY IMPORTANT THAT YOU ATTEND THE HEARING IF YOU DO
14NOT WANT A GUARDIAN OR IF YOU WANT SOMEONE OTHER THAN THE
15PERSON NAMED IN THE GUARDIANSHIP PETITION TO BE YOUR GUARDIAN.
16IF YOU DO NOT WANT A GUARDIAN OR IF YOU HAVE ANY OTHER
17PROBLEMS, YOU SHOULD CONTACT AN ATTORNEY OR COME TO COURT AND
18TELL THE JUDGE.
19    Service of summons and the petition may be made by a
20private person 18 years of age or over who is not a party to
21the action.
22    (f) Notice of the time and place of the hearing shall be
23given by the petitioner by mail or in person to those persons,
24including the proposed guardian, whose names and addresses
25appear in the petition and who do not waive notice, not less
26than 14 days before the hearing.

 

 

HB0842 Engrossed- 7 -LRB102 12539 LNS 17877 b

1(Source: P.A. 99-143, eff. 7-27-15; 99-642, eff. 7-28-16;
2100-201, eff. 8-18-17; 100-427, eff. 1-1-18.)