Full Text of HB2816 101st General Assembly
HB2816eng 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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 | 17 | | not a licensed attorney, he or she shall be
qualified,
by
| 18 | | training or experience, to work with or advocate for persons | 19 | | with developmental disabilities, the mentally ill, persons | 20 | | with physical disabilities, the elderly, or persons with a | 21 | | disability due to mental deterioration, depending on the type | 22 | | of disability that is
alleged in the petition.
The court may | 23 | | allow the guardian ad litem reasonable compensation. The
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| 1 | | guardian ad litem may consult with a person who by training or | 2 | | experience is
qualified to work with persons with a | 3 | | developmental disability, persons with
mental illness, persons | 4 | | with physical disabilities, or persons with a disability due to
| 5 | | mental deterioration, depending on the type of disability that | 6 | | is alleged.
The guardian ad litem shall personally observe the | 7 | | respondent prior to the
hearing and shall inform
him orally and | 8 | | in writing of the contents of the petition and of his rights
| 9 | | under Section 11a-11.
The guardian ad litem shall also attempt | 10 | | to elicit the respondent's position
concerning the | 11 | | adjudication of disability, the proposed guardian, a proposed
| 12 | | change in residential placement, changes in care that might | 13 | | result from the
guardianship, and other areas of inquiry deemed | 14 | | appropriate by the court.
Notwithstanding any provision in the | 15 | | Mental Health and Developmental Disabilities Confidentiality | 16 | | Act or any other law, a guardian ad litem shall have the right | 17 | | to inspect and copy any medical or mental health record of the | 18 | | respondent which the guardian ad litem deems necessary, | 19 | | provided that the information so disclosed shall not be | 20 | | utilized for any other purpose nor be redisclosed except in | 21 | | connection with the proceedings. At or before the hearing, the | 22 | | guardian ad litem shall file a written report
detailing his or | 23 | | her observations of the respondent, the responses of the
| 24 | | respondent to any of the inquiries detailed in this Section, | 25 | | the opinion of the
guardian
ad litem or other professionals | 26 | | with whom the guardian ad litem consulted
concerning the |
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| 1 | | appropriateness of guardianship, and any other material issue
| 2 | | discovered by the guardian ad litem. The guardian ad litem | 3 | | shall appear at the
hearing and testify as to any issues | 4 | | presented in his or her report.
| 5 | | (b) The court (1) may appoint counsel for the respondent, | 6 | | if the court finds
that the interests of the respondent will be | 7 | | best served by the appointment,
and (2) shall appoint counsel | 8 | | upon respondent's request or if the respondent
takes a position | 9 | | adverse to that of the guardian ad litem. The respondent
shall | 10 | | be permitted to obtain the appointment of counsel either at the | 11 | | hearing
or by any written or oral request communicated to the | 12 | | court prior to the
hearing. The summons shall inform the | 13 | | respondent of this right to obtain
appointed counsel. The court | 14 | | may allow counsel for the respondent reasonable
compensation.
| 15 | | (c) The allocation of guardian ad litem fees and costs is | 16 | | within the discretion of the court. No legal fees, appointed | 17 | | counsel fees, guardian ad litem fees, or costs shall be | 18 | | assessed against the Office of the State Guardian, the public | 19 | | guardian, an adult protective services agency, the Department | 20 | | of Children and Family Services, or the agency designated by | 21 | | the Governor under Section 1 of the Protection and Advocacy for | 22 | | Persons with Developmental Disabilities Act. If the respondent | 23 | | is unable to pay the fee of the guardian ad litem or
appointed | 24 | | counsel, or both, the court may enter an order for
the | 25 | | petitioner to
pay all
such
fees or such amounts as the | 26 | | respondent or the respondent's estate may be unable
to pay.
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| 1 | | However, in cases where the Office of State Guardian is the | 2 | | petitioner,
consistent with Section 30 of the Guardianship and | 3 | | Advocacy Act, where the public guardian is the petitioner, | 4 | | consistent with Section 13-5 of this Act,
where an adult | 5 | | protective services agency is the petitioner, pursuant to
| 6 | | Section 9 of the Adult Protective Services Act, or where the | 7 | | Department of Children and Family Services is the petitioner | 8 | | under subparagraph (d) of subsection (1) of Section 2-27 of the | 9 | | Juvenile Court Act of 1987, no guardian ad litem or legal fees | 10 | | shall be assessed against the Office of
State Guardian, the | 11 | | public guardian, the adult protective services agency, or the | 12 | | Department of Children and Family Services.
| 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 person with a | 24 | | disability. If the court grants the petition, a
guardian will | 25 | | be appointed for you. A copy of the guardianship petition is
| 26 | | attached for your 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. If you are unable to attend the hearing in person | 6 | | or you will suffer harm if you attend, the Judge can decide to | 7 | | hold the hearing at a place that is convenient. The Judge can | 8 | | also follow the rule of the Supreme Court of this State, or its | 9 | | local equivalent, and decide if a video conference is | 10 | | appropriate.
| 11 | | IT IS VERY IMPORTANT THAT YOU ATTEND THE HEARING IF YOU DO | 12 | | NOT WANT A
GUARDIAN OR IF YOU WANT SOMEONE OTHER THAN THE | 13 | | PERSON NAMED IN THE GUARDIANSHIP
PETITION TO BE YOUR GUARDIAN. | 14 | | IF YOU DO NOT WANT A GUARDIAN OR IF YOU HAVE ANY
OTHER | 15 | | PROBLEMS, YOU SHOULD CONTACT AN ATTORNEY OR COME TO COURT AND | 16 | | TELL THE
JUDGE.
| 17 | | Service of summons and the petition may be made by a | 18 | | private person 18
years
of
age or over who is not a party to the | 19 | | action.
| 20 | | (f) Notice of the time and place of the hearing shall be | 21 | | given by the
petitioner by mail or in person to those persons, | 22 | | including the proposed
guardian, whose names and addresses
| 23 | | appear in the petition and who do not waive notice, not less | 24 | | than 14 days
before the hearing.
| 25 | | (Source: P.A. 99-143, eff. 7-27-15; 99-642, eff. 7-28-16; | 26 | | 100-201, eff. 8-18-17; 100-427, eff. 1-1-18 .)
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