(20 ILCS 3955/1) (from Ch. 91 1/2, par. 701)
Sec. 1.
This Act shall be known and may be cited as the Guardianship and Advocacy Act.
(Source: P.A. 80-1487.)
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(20 ILCS 3955/2) (from Ch. 91 1/2, par. 702)
Sec. 2. As used in this Act, unless the context requires otherwise:
(a) "Authority" means a Human Rights Authority.
(b) "Commission" means the Guardianship and Advocacy Commission.
(c) "Director" means the Director of the Guardianship and
Advocacy Commission.
(d) "Guardian" means a court appointed guardian or conservator.
(e) "Services" includes but is not limited to examination, diagnosis,
evaluation, treatment, care, training, psychotherapy, pharmaceuticals,
after-care, habilitation, and rehabilitation provided for an eligible
person.
(f) "Person" means an individual, corporation, partnership, association,
unincorporated organization, or a government or any subdivision, agency,
or instrumentality thereof.
(g) "Eligible persons" means individuals who have received, are receiving,
have requested, or may be in need of mental health services, or are "persons
with a developmental disability" as defined in the federal Developmental
Disabilities Services and Facilities Construction Act (Public Law 94-103,
Title II), as now or hereafter amended, or "persons with disabilities" as defined in
the Rehabilitation of Persons with Disabilities Act.
(h) "Rights" includes but is not limited to all rights, benefits, and
privileges guaranteed by law, the Constitution of the State of Illinois,
and the Constitution of the United States.
(i) "Legal Advocacy Service attorney" means an attorney
employed by or under contract with the Legal Advocacy Service.
(j) "Service provider" means any public or private facility, center,
hospital, clinic, program, or any other person devoted in whole or in part
to providing services to eligible persons.
(k) "State Guardian" means the Office of State Guardian.
(l) "Ward" means a ward as defined by the Probate Act of
1975, as now or hereafter amended, who is at
least 18 years of age.
(Source: P.A. 99-143, eff. 7-27-15.)
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(20 ILCS 3955/3) (from Ch. 91 1/2, par. 703)
Sec. 3.
The Guardianship and Advocacy Commission is
hereby created as an executive agency of state government. The Legal Advocacy
Service, Human Rights
Authority and the Office of State Guardian shall be established as divisions
of the Commission.
(Source: P.A. 80-1487.)
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(20 ILCS 3955/4) (from Ch. 91 1/2, par. 704)
Sec. 4.
(a) The Commission shall consist of 11 members, one
of whom shall be a senior citizen age 60 or over, who shall be appointed
by the Governor, taking into account the requirements of State and federal
statutes, with the advice and consent of the Senate.
All appointments shall be filed with the Secretary of State by the appointing
authority.
(b) The terms of the original members shall be 3 one year terms, 3 two
year terms, and 3 three year terms, all terms to continue until a successor
is appointed and qualified. The length of the terms of the original
members shall be drawn by lot of the first meeting held by the Commission.
The members first appointed under this amendatory Act of 1984 shall serve
for a term of 3 years. Thereafter all terms shall be for 3 years, with
each member serving no more than 2 consecutive terms. Vacancies in the
membership are to be filled in the same manner as original appointments.
Appointments to fill vacancies occurring before the expiration of a term
are for the remainder of the unexpired term. A member of the Commission
shall serve for a term ending on June 30 and until his successor is
appointed and qualified.
(c) The Commission shall annually elect a Chairman and any other officers
it deems necessary. The Commission shall meet at least once every 3 months
with the times and places of meetings determined by the Chairman. Additional
meetings may be called by the Chairman upon written notice 7 days before
the meeting or by written petition of 5 members to the Chairman. Six members
of the Commission constitute a quorum.
(d) Members of the Commission are not entitled to compensation but shall
receive reimbursement for actual expenses incurred in the performance of their duties.
(Source: P.A. 83-1538.)
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(20 ILCS 3955/5) (from Ch. 91 1/2, par. 705)
Sec. 5.
(a) The Commission shall establish throughout the State such regions
as it considers appropriate to effectuate the purposes of the Authority
under this Act, taking into account the requirements of State and federal
statutes; population; civic, health and social service boundaries; and other
pertinent factors.
(b) The Commission shall act through its divisions as provided in this Act.
(c) The Commission shall establish general policy guidelines for the
operation of the Legal Advocacy Service, Human Rights Authority and State Guardian in
furtherance of this Act. Any action taken by a regional authority is subject
to the review and approval of the Commission. The Commission, acting on a request from the Director, may disapprove
any action of a regional authority, in which case the regional authority shall
cease such action.
(d) The Commission shall hire a Director and staff to carry out the powers
and duties of the Commission and its divisions pursuant to this Act and
the rules and regulations promulgated by the Commission. All staff other
than the Director shall be subject to the Personnel Code.
(e) The Commission shall review and evaluate the operations of the
divisions.
(f) The Commission shall operate subject to the provisions of the Illinois Procurement Code.
(g) The Commission shall prepare its budget.
(h) The Commission shall prepare an annual report on its operations and
submit the report to the Governor and the General Assembly.
The requirement for reporting to the General Assembly shall be satisfied
by filing copies of the report as
required by Section 3.1 of the General Assembly Organization Act, and filing such additional copies with
the State Government Report Distribution Center for the General Assembly as is
required under paragraph (t) of Section 7 of the State Library Act.
(i) The Commission shall establish rules and regulations for the conduct
of the work of its divisions, including rules and regulations for the Legal
Advocacy Service and the State Guardian in evaluating an eligible person's
or ward's financial resources for the purpose of determining whether the
eligible person or ward has the ability to pay for legal or guardianship
services received. The determination of the eligible person's financial
ability to pay for legal services shall be based upon the number of dependents
in the eligible person's family unit and the income, liquid assets and
necessary expenses, as prescribed by rule of the Commission of: (1) the
eligible person; (2) the eligible person's spouse; and (3) the parents of minor
eligible persons. The determination of a ward's ability to pay for
guardianship services shall be based upon the ward's estate. An eligible
person or ward found to have sufficient financial resources shall be required
to pay the Commission in accordance with standards established by the
Commission. No fees may be charged for legal services given unless the
eligible person is given notice at the start of such services that
such fees might be charged. No fees may be charged for guardianship
services given unless the ward is given notice of the request for fees
filed with the probate court and the court approves the amount of fees to
be assessed. All fees collected shall be deposited with the State Treasurer
and placed in the Guardianship and Advocacy Fund. The Commission shall
establish rules and regulations regarding the procedures of appeal for clients
prior to termination or suspension of legal services. Such rules and
regulations shall include, but not be limited to, client notification
procedures prior to the actual termination, the scope of issues subject to
appeal, and procedures specifying when a final administrative decision is made.
(j) The Commission shall take such actions as it deems necessary and
appropriate to receive private, federal and other public funds to help support
the divisions and to safeguard the rights of eligible persons. Private funds
and property may be accepted, held, maintained, administered and disposed of by
the Commission, as trustee, for such purposes for the benefit of the People of
the State of Illinois pursuant to the terms of the instrument granting the
funds or property to the Commission.
(k) The Commission may expend funds under the State's plan to protect
and advocate the rights of persons with a developmental disability established
under the federal Developmental Disabilities Services and Facilities
Construction Act (Public Law 94-103, Title II). If the Governor designates the
Commission to be the organization or agency to provide the services called for
in the State plan, the Commission shall make these protection and advocacy
services available to persons with a developmental disability by referral or by
contracting for these services to the extent practicable. If the Commission is
unable to so make available such protection and advocacy services, it shall
provide them through persons in its own employ.
(l) The Commission shall, to the extent funds are available, monitor
issues concerning the rights of eligible persons and the care and treatment
provided to those persons, including but not limited to the incidence of
abuse or neglect of eligible persons. For purposes of that monitoring the
Commission shall have access to reports of suspected abuse or neglect and
information regarding the disposition of such reports, subject to the
provisions of the Mental Health and Developmental Disabilities Confidentiality
Act.
(Source: P.A. 100-1148, eff. 12-10-18.)
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(20 ILCS 3955/6) (from Ch. 91 1/2, par. 706)
Sec. 6.
(a) The Commission may recommend to any State agency or service
provider regulations or procedures for the purpose of safeguarding the rights
of eligible persons. The State agency or
service provider shall notify
the Commission, within 60 days of the receipt of the recommendations, of
the action taken thereon and the reason therefor. The Commission shall
not make recommendations which interfere with the proper practice of medical
or other professions.
(b) The Commission may recommend to the General Assembly legislation for
the purpose of safeguarding the rights of eligible persons.
(c) The Commission may take any other action as may be reasonable to carry
out the purposes of this Act.
(Source: P.A. 80-1487.)
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(20 ILCS 3955/7) (from Ch. 91 1/2, par. 707)
Sec. 7.
The Director shall carry out the policies and programs of the
Commission and coordinate the activities of its divisions and may delegate to the Human Rights Authority Director any duties described in Sections 14, 15, and 16 of this Act.
(Source: P.A. 96-271, eff. 1-1-10.)
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(20 ILCS 3955/8) (from Ch. 91 1/2, par. 708)
Sec. 8.
The Director shall:
(1) Organize and administer programs to provide legal counsel and representation
for eligible persons so as to ensure that their legal rights are protected;
(2) Examine and delineate the needs of eligible persons for legal counsel
and representation and the resources necessary to meet those needs, subject
to the approval of the Commission; and
(3) Institute or cause to be instituted such legal proceedings as may
be necessary to enforce and give effect to any of the duties or powers of
the Commission or its divisions.
(Source: P.A. 80-1487.)
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(20 ILCS 3955/10) (from Ch. 91 1/2, par. 710)
Sec. 10.
The Legal Advocacy Service shall:
(1) Make available legal counsel to eligible persons in judicial proceedings
arising out of the "Mental Health
and Developmental Disabilities Code", enacted by the Eightieth General Assembly,
as now or hereafter amended,
including but not limited to admission, civil commitment, legal competency
and discharge;
(2) Make available or provide legal counsel and representation to eligible
persons to enforce rights or duties arising
out of any mental health or related laws, local, State or federal.
(Source: P.A. 80-1487.)
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(20 ILCS 3955/11) (from Ch. 91 1/2, par. 711)
Sec. 11.
The Legal Advocacy Service shall make available counsel for
eligible persons by referral or by contracting
for legal services to the extent practicable. The Legal Advocacy Service
shall make a good faith effort to assist eligible persons to engage private
counsel, and to contact private counsel for eligible persons whose
disabilities limit their capacity to independently contact private
counsel. If the Legal Advocacy
Service is unable to so make available counsel, it shall provide
attorneys in its own employ.
Taking into consideration the availability of private counsel in the
eligible person's local area, the Commission shall establish, by rule, the
standards and procedures by which it will attempt to assist eligible
persons to engage private counsel.
(Source: P.A. 84-1358.)
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(20 ILCS 3955/12) (from Ch. 91 1/2, par. 712)
Sec. 12.
A Legal Advocacy Service attorney shall:
(1) have ready access to view and copy all mental health records pertaining
to his client, as provided in the "Mental Health and Developmental Disabilities
Confidentiality Act", enacted by the Eightieth General Assembly, as now
or hereafter amended, and such other records to which he is permitted access; and
(2) have the opportunity to consult with his client whenever necessary
for the performance of his duties. Service providers shall provide adequate
space and privacy for the purpose of attorney-client consultation. No attorney
shall have the right to visit eligible persons
or look at their records for the purpose of soliciting cases for representation.
(Source: P.A. 80-1487.)
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(20 ILCS 3955/13) (from Ch. 91 1/2, par. 713)
Sec. 13.
Nothing in this Act shall be construed to prohibit an eligible
person from being represented by privately
retained counsel or from
waiving his right to an attorney in proceedings under the "Mental Health
and Developmental Disabilities Code", approved by the Eightieth General
Assembly, as now or hereafter amended, or as otherwise provided by law.
If a Legal Advocacy Service attorney has been appointed by a court and
the eligible person secures his own counsel, the court
shall discharge the Legal Advocacy Service attorney.
(Source: P.A. 80-1487.)
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(20 ILCS 3955/14) (from Ch. 91 1/2, par. 714)
Sec. 14.
Each regional authority shall consist of the 9 members appointed
by the Director, in accordance with this Section. Each regional authority shall include insofar as possible
one professionally knowledgeable and broadly experienced employee or officer
of a provider of each of the following services:
mental health, developmental disabilities, and vocational rehabilitation.
No other employee or officer of a service provider shall be appointed to
a regional authority. In making appointments, the Director shall strive
to ensure representation of minority groups and of eligible persons, and
shall give due consideration to recommendations of persons and groups assisting
eligible persons. The Director may remove for incompetence, neglect of
duty, or malfeasance in office any member of a regional authority. All actions taken by the Director to appoint or remove members shall be reported to the Commission at the next scheduled Commission meeting.
Each regional authority shall annually elect a chairman and any other officers
it deems necessary. Members of the regional authorities shall
serve for a term of 3 years, except that the terms of the first appointees
shall be as follows: 3 members serving
for a 1 year term; 3 members serving for a 2 year term; and 3 members serving
for a 3 year term. Assignment of terms of such first appointees shall be
by lot. No member shall serve for more than 2 consecutive 3 year terms.
Five members shall constitute a quorum.
Vacancies in the regional authorities shall be filled in the same manner
as original appointments.
Members of the regional authorities shall serve without compensation but
shall be reimbursed for actual expenses incurred in the performance of their duties.
Each regional authority shall meet not less than once every 2 months.
Meetings may also be held upon call of the Regional Chairman or upon written request of
any 5 members of the regional authority.
(Source: P.A. 96-271, eff. 1-1-10.)
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(20 ILCS 3955/15) (from Ch. 91 1/2, par. 715)
Sec. 15.
A regional authority which receives a complaint alleging that
the rights of an eligible person have been violated in the region in which
the authority sits, shall conduct an investigation unless it determines
that the complaint is frivolous or beyond the scope of its authority or
competence, or unless the Director finds that a conflict of interest
exists and directs another regional authority to conduct the
investigation. The authority shall inform the complainant whether it
will conduct an investigation, and if not, the reason therefor. The
authority may advise a complainant as to other remedies which may be available. Reassignments of investigations for conflicts of interest and refusals to investigate shall be reviewed and approved by the Director and the Director may seek direction from the Commission.
(Source: P.A. 96-271, eff. 1-1-10.)
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(20 ILCS 3955/16) (from Ch. 91 1/2, par. 716)
Sec. 16.
A regional authority may conduct investigations upon its own
initiative if it has reason to believe that the rights of an eligible
person have been violated in the region in which the authority sits,
unless the Director finds that a conflict of interest exists and directs
another regional authority to conduct the investigation.
(Source: P.A. 96-271, eff. 1-1-10.)
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(20 ILCS 3955/17) (from Ch. 91 1/2, par. 717)
Sec. 17.
In the course of an investigation, a regional authority may
enter and inspect the premises of a service provider or State agency and question
privately any person therein within reasonable limits and in a reasonable
manner. Whenever possible, prior notice shall be given the parties regarding
the nature, location, and persons involved in a particular investigation.
(Source: P.A. 80-1416.)
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(20 ILCS 3955/18) (from Ch. 91 1/2, par. 718)
Sec. 18.
In the course of an investigation, a regional authority may inspect
and copy any materials relevant to the investigation in the possession of
a service provider or state agency. However, a regional authority may not
inspect or copy materials containing personally identifiable data which
can not be removed without imposing an unreasonable burden on the service
provider or State agency, except as provided herein. The regional authority
shall give written notice
to the person entitled to give consent for the identifiable eligible person
under Section 5 of the "Mental Health and
Developmental Disabilities Confidentiality Act", enacted by the Eightieth
General Assembly, as now or hereafter amended, or under any other relevant
law, that it is conducting an investigation and indicating the nature
and purpose of the investigation and the need to inspect and copy materials
containing data that identifies the eligible person.
If the person notified objects in writing to such inspection and copying,
the regional authority may not inspect or copy such materials. The service provider
or State agency may not object on behalf of an eligible person.
(Source: P.A. 80-1487.)
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(20 ILCS 3955/19) (from Ch. 91 1/2, par. 719)
Sec. 19.
No regional authority may disclose to any person any materials
which identify an eligible person unless
the eligible person or legally authorized person consents
to such disclosure, except if and to the extent that disclosure
may be necessary for the appointment of a
guardian for such eligible person.
(Source: P.A. 80-1487.)
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(20 ILCS 3955/20) (from Ch. 91 1/2, par. 720)
Sec. 20.
A regional authority may conduct hearings and compel by subpoena
the attendance and testimony of such witnesses and the production of such
materials as are necessary or desirable for its investigation.
(Source: P.A. 80-1487.)
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(20 ILCS 3955/21) (from Ch. 91 1/2, par. 721)
Sec. 21.
A regional authority may, subject to the provisions of the Open Meetings Act, conduct closed meetings and hearings
when necessary to ensure confidentiality or to protect the rights of any
eligible person or provider of services or other person. However, it shall
make public a summary of business conducted during any such meeting or
hearing. Such summary shall not contain personally identifiable data.
(Source: P.A. 96-271, eff. 1-1-10.)
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(20 ILCS 3955/22) (from Ch. 91 1/2, par. 722)
Sec. 22.
During the course of an investigation, the regional authority
shall periodically inform the complainant, or provider and any eligible
person involved of the status of the investigation.
(Source: P.A. 80-1487.)
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(20 ILCS 3955/23) (from Ch. 91 1/2, par. 723)
Sec. 23.
If a regional authority finds that:
A. a matter should be further considered;
B. an act investigated should be modified or cancelled;
C. a statute or regulation should be altered;
D. reasons should be given for an act; or
E. any other action should be taken;
it shall report its recommendations to the State agency, service provider
or other person investigated. Such person investigated shall notify the
regional authority, within 30 days of the receipt of such recommendations,
of the action taken thereon and the reason therefor.
(Source: P.A. 80-1416.)
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(20 ILCS 3955/24) (from Ch. 91 1/2, par. 724)
Sec. 24.
If a regional authority determines that further action is required,
it may refer a matter to the Commission or another division thereof,
any federal, State or local agency or other persons, as it may deem appropriate
and as approved by the Director.
(Source: P.A. 96-271, eff. 1-1-10.)
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(20 ILCS 3955/25) (from Ch. 91 1/2, par. 725)
Sec. 25.
Within 10 days of the completion of its investigation, the regional
authority shall inform the complainant and the eligible person
involved
of the outcome of its investigation and of any action taken thereon.
(Source: P.A. 80-1487.)
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(20 ILCS 3955/26) (from Ch. 91 1/2, par. 726)
Sec. 26.
Subject to the provisions of Section 19, a regional authority
may make public its findings and recommendations. It shall include in any
such public statement any reply made by the State agency, service provider,
or other person investigated. The provider or person shall
have opportunity to review and object to any proposed public findings and
recommendations. If the provider requests, the objections shall be included
with public findings and recommendations issued by the regional authority
in this matter.
(Source: P.A. 80-1416.)
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(20 ILCS 3955/27) (from Ch. 91 1/2, par. 727)
Sec. 27.
A regional authority may, by acting through the Director, propose to the Commission legislation
for the purpose of safeguarding the rights of eligible persons.
(Source: P.A. 96-271, eff. 1-1-10.)
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(20 ILCS 3955/28) (from Ch. 91 1/2, par. 728)
Sec. 28.
A regional authority may take such other action as may be
reasonable and appropriate to carry out the purposes of this Act.
(Source: P.A. 80-1416.)
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(20 ILCS 3955/29) (from Ch. 91 1/2, par. 729)
Sec. 29.
The procedures provided by Sections 15 through 28 are in addition
to any other remedies which may be available to any party; and the failure
to pursue or exhaust the procedures available herein or engage in the procedures
available hereby shall not preclude the invocation of any remedy.
(Source: P.A. 80-1487.)
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(20 ILCS 3955/30) (from Ch. 91 1/2, par. 730)
Sec. 30.
When appointed by the court pursuant to the "Probate Act of
1975", approved August 7, 1975, as now or hereafter amended, the State Guardian
shall serve as guardian, either plenary or limited; temporary guardian; testamentary
guardian; or successor guardian; of the person or the estate, or both, of
a ward. If nomination is testamentary the State Guardian shall be notified
in writing at the time of the death
of the testator. The Office of State Guardian may file a petition for
its own appointment, or for the appointment of any other person,
if the State Guardian determines that the filing of the petition may
avoid the need for State guardianship.
In addition, the State Guardian may assist the court, as the
court may
request, in proceedings for the appointment of a guardian and
in the supervision of persons and agencies which have been appointed as
guardians.
(Source: P.A. 89-396, eff. 8-20-95.)
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(20 ILCS 3955/31) (from Ch. 91 1/2, par. 731)
Sec. 31. Appointment; availability of State Guardian; available private guardian. The State Guardian shall not be appointed if another suitable
person is available and willing to accept the guardianship appointment.
In all cases where a court appoints the State Guardian, the court shall
indicate in the order appointing the guardian as a finding of fact that no
other suitable and willing person could be found to accept the guardianship
appointment. On and after the effective date of
this amendatory Act of the 97th General Assembly, the court shall also indicate in the order, as a finding of fact, the reasons that the State Guardian appointment, rather than the appointment of another interested party, is required. This requirement shall be waived where the Office of State
Guardian petitions for its own appointment as guardian.
(Source: P.A. 97-1093, eff. 1-1-13.)
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(20 ILCS 3955/32) (from Ch. 91 1/2, par. 732)
Sec. 32.
The State Guardian shall have the same powers and duties as
a private guardian as provided in Article XIa of the Probate Act of 1975,
approved August 7, 1975. The State Guardian shall not provide direct residential
services to its wards. The State Guardian shall visit and consult with its wards
at least four times a year for as long as the guardianship continues.
(Source: P.A. 80-1416.)
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(20 ILCS 3955/33) (from Ch. 91 1/2, par. 733)
Sec. 33.
The State Guardian may offer guidance and advice, without
court appointment as guardian, to persons who request
such assistance or to those on whose behalf such assistance is requested
for the purpose of encouraging maximum self-reliance and independence of
such persons and avoiding the need for appointment of a guardian.
(Source: P.A. 80-1416.)
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(20 ILCS 3955/33.5) Sec. 33.5. Guardianship training program. The State Guardian shall provide a training program that outlines the duties and responsibilities of guardians appointed under Article XIa of the Probate Act of 1975. The training program shall be offered to courts at no
cost, and shall outline the responsibilities of a guardian and the rights of a person with a disability in a guardianship proceeding
under Article XIa of the Probate Act of 1975. The training program shall also include content regarding Alzheimer's disease and dementia, including, but not limited to, the following topics: effective communication strategies; best practices for interacting with people living with Alzheimer's disease or related forms of dementia; and strategies for supporting people living with Alzheimer's disease or related forms of dementia in exercising their rights. In developing the training program content, the State Guardian shall
consult with the courts, State and national guardianship organizations, public guardians, advocacy organizations, and persons and family members with direct experience with adult guardianship. In the preparation and dissemination of training materials, the State Guardian shall give due consideration to making the training materials accessible to persons with disabilities.
(Source: P.A. 103-64, eff. 1-1-24.) |
(20 ILCS 3955/34) (from Ch. 91 1/2, par. 734)
Sec. 34.
A person, who in good faith, files a complaint or provides
information to the Commission or any division thereof, including private
citizens and employees of service providers, shall not be subject to any
penalties, sanctions, or restrictions as a consequence of filing the complaint
or providing the information.
(Source: P.A. 80-1416.)
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(20 ILCS 3955/35) (from Ch. 91 1/2, par. 735)
Sec. 35.
The annual appropriation for the Commission shall not exceed
1% of the total annual appropriation from the General Revenue Fund to the
Department of Human Services for its ordinary and contingent expenses relating
to mental
health and developmental disabilities.
(Source: P.A. 89-507, eff. 7-1-97.)
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(20 ILCS 3955/36) (from Ch. 91 1/2, par. 736)
Sec. 36.
Rules and regulations adopted by the Commission pursuant to
authority granted under this Act shall be subject to the provisions of the
Illinois Administrative Procedure Act.
(Source: P.A. 84-1358.)
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