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Illinois Compiled Statutes - Full Text
Illinois Compiled Statutes (ILCS)
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(755 ILCS 5/11a-11) (from Ch. 110 1/2, par. 11a-11)
Sec. 11a-11. Hearing.
(a) The respondent is entitled to be represented by counsel, to demand a
jury of 6 persons, to present evidence, and to confront and cross-examine all
witnesses. The hearing may be closed to the public on request of the
respondent, the guardian ad litem, or appointed or other counsel for the respondent. Unless excused by the court
upon a showing that the respondent refuses to be present or will suffer harm
if required to attend, the respondent shall be present
at the hearing.
(b) (Blank).
(c) (Blank).
(d) In an uncontested proceeding for the appointment of a guardian the
person who prepared the report required by Section 11a-9 will only be required
to testify at trial upon order of court for cause shown.
(e) At the hearing the court shall inquire regarding: (1) the nature
and extent of respondent's general intellectual and physical
functioning; (2) the extent of the impairment of his adaptive behavior
if he is a person with a developmental disability, or the nature and severity
of his mental illness if he is a person with mental illness; (3) the
understanding and capacity of the respondent to make and communicate
responsible decisions concerning his person; (4) the capacity of the respondent
to manage his estate and his financial affairs; (5) the appropriateness of
proposed and alternate living arrangements; (6) the impact of the
disability upon the respondent's functioning in the basic activities of daily
living and the important decisions faced by the respondent or normally faced by
adult members of the respondent's community; and (7) any other area of
inquiry deemed appropriate by the court.
(f) An authenticated transcript of the evidence taken in a judicial
proceeding concerning the respondent under the Mental Health and Developmental
Disabilities Code is admissible in evidence at the hearing.
(g) If the petition is for the appointment of a guardian for a
beneficiary of the Veterans Administration who has a disability, a certificate of
the Administrator of Veterans Affairs or his representative stating that
the beneficiary has been determined to be incompetent by the Veterans
Administration on examination in accordance with the laws and
regulations governing the Veterans Administration in effect upon the
date of the issuance of the certificate and that the appointment of a
guardian is a condition precedent to the payment of any money due the
beneficiary by the Veterans Administration, is admissible in evidence at the
hearing.
(Source: P.A. 98-1094, eff. 1-1-15; 99-143, eff. 7-27-15.)
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