(755 ILCS 5/11a-10)
(from Ch. 110 1/2, par. 11a-10)
Procedures preliminary to hearing.
(a) Upon the filing of a petition pursuant to Section 11a-8, the court shall
set a date and place for hearing to take place within 30 days. The court
shall appoint a guardian ad litem to report to the court concerning the
respondent's best interests consistent with the provisions of this Section,
the appointment of a guardian ad litem shall not be required when
the court determines that such appointment is not necessary for the protection
of the respondent or a reasonably informed decision on the petition.
If the guardian ad litem is not a licensed attorney, he or she shall be
training or experience, to work with or advocate for persons with developmental disabilities, the mentally ill, persons with physical disabilities, the elderly, or persons with a disability due to mental deterioration, depending on the type of disability that is
alleged in the petition.
The court may allow the guardian ad litem reasonable compensation. The
guardian ad litem may consult with a person who by training or experience is
qualified to work with persons with a developmental disability, persons with
mental illness, persons with physical disabilities, or persons with a disability due to
mental deterioration, depending on the type of disability that is alleged.
The guardian ad litem shall personally observe the respondent prior to the
hearing and shall inform
him orally and in writing of the contents of the petition and of his rights, including providing a copy of the notice of rights required under subsection (e).
The guardian ad litem shall also attempt to elicit the respondent's position
concerning the adjudication of disability, the proposed guardian, a proposed
change in residential placement, changes in care that might result from the
guardianship, and other areas of inquiry deemed appropriate by the court.
Notwithstanding any provision in the Mental Health and Developmental Disabilities Confidentiality Act or any other law, a guardian ad litem shall have the right to inspect and copy any medical or mental health record of the respondent which the guardian ad litem deems necessary, provided that the information so disclosed shall not be utilized for any other purpose nor be redisclosed except in connection with the proceedings. At or before the hearing, the guardian ad litem shall file a written report
detailing his or her observations of the respondent, the responses of the
respondent to any of the inquiries detailed in this Section, the opinion of the
ad litem or other professionals with whom the guardian ad litem consulted
concerning the appropriateness of guardianship, and any other material issue
discovered by the guardian ad litem. The guardian ad litem shall appear at the
hearing and testify as to any issues presented in his or her report.
(b) The court (1) may appoint counsel for the respondent, if the court finds
that the interests of the respondent will be best served by the appointment,
and (2) shall appoint counsel upon the respondent's request or if the respondent
takes a position adverse to that of the guardian ad litem. The respondent
shall be permitted to obtain the appointment of counsel either at the hearing
or by any written or oral request communicated to the court prior to the
hearing. The summons shall inform the respondent of this right to obtain
appointed counsel. The court may allow counsel for the respondent reasonable
(c) The allocation of guardian ad litem fees and costs is within the discretion of the court. No legal fees, appointed counsel fees, guardian ad litem fees, or costs shall be assessed against the Office of the State Guardian, the public guardian, an adult protective services agency, the Department of Children and Family Services, or the agency designated by the Governor under Section 1 of the Protection and Advocacy for Persons with Developmental Disabilities Act.
(d) The hearing may be held at such convenient place as the court directs,
including at a facility in which the respondent resides.
(e) Unless he is the petitioner, the respondent shall be personally
served with a copy of the petition and a summons not less than 14 days
before the hearing.
The summons shall be printed in large, bold type and shall include the
NOTICE OF RIGHTS OF RESPONDENT
You have been named as a respondent in a guardianship petition asking that
you be declared a person with a disability. If the court grants the petition, a
guardian will be appointed for you. A copy of the guardianship petition is
attached for your convenience.
The date and time of the hearing are:
The place where the hearing will occur is:
The Judge's name and phone number is:
If a guardian is appointed for you, the guardian may be given the right to
important personal decisions for you, such as where you may live, what medical
treatment you may receive, what places you may visit, and who may visit you. A
guardian may also be given the right to control and manage your money and other
property, including your home, if you own one. You may lose the right to make
these decisions for yourself.
You have the following legal rights:
(1) You have the right to be present at the court
(2) You have the right to be represented by a lawyer,
either one that you retain, or one appointed by the Judge.
(3) You have the right to ask for a jury of six
persons to hear your case.
(4) You have the right to present evidence to the
court and to confront and cross-examine witnesses.
(5) You have the right to ask the Judge to appoint an
independent expert to examine you and give an opinion about your need for a guardian.
(6) You have the right to ask that the court hearing
(7) You have the right to tell the court whom you
prefer to have for your guardian.
(8) You have the right to ask a judge to find that
although you lack some capacity to make your own decisions, you can make other decisions, and therefore it is best for the court to appoint only a limited guardian for you.
You do not have to attend the court hearing if you do not want to be there.
If you do not attend, the Judge may appoint a guardian if the Judge finds that
a guardian would be of benefit to you. The hearing will not be postponed or
canceled if you do not attend. If you are unable to attend the hearing in person or you will suffer harm if you attend, the Judge can decide to hold the hearing at a place that is convenient. The Judge can also follow the rule of the Supreme Court of this State, or its local equivalent, and decide if a video conference is appropriate.
IT IS VERY IMPORTANT THAT YOU ATTEND THE HEARING IF YOU DO NOT WANT A
GUARDIAN OR IF YOU WANT SOMEONE OTHER THAN THE PERSON NAMED IN THE GUARDIANSHIP
PETITION TO BE YOUR GUARDIAN. IF YOU DO NOT WANT A GUARDIAN OR IF YOU HAVE ANY
OTHER PROBLEMS, YOU SHOULD CONTACT AN ATTORNEY OR COME TO COURT AND TELL THE
Service of summons and the petition may be made by a private person 18
age or over who is not a party to the action.
[END OF FORM]
(f) Notice of the time and place of the hearing shall be given by the
petitioner by mail or in person to those persons, including the proposed
guardian, whose names and addresses
appear in the petition and who do not waive notice, not less than 14 days
before the hearing.
(Source: P.A. 102-72, eff. 1-1-22; 102-191, eff. 1-1-22; 102-813, eff. 5-13-22.)