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90_HB1508
755 ILCS 5/11a-10 from Ch. 110 1/2, par. 11a-10
Amends the Guardians for Disabled Adults Article of
the Probate Act of 1975. Provides that when an agency
designated as a provider agency under the Elder Abuse and
Neglect Act is the petitioner in an appointment of guardian
case under this Article no guardian ad litem or appointed
counsel fees shall be assessed against the provider agency.
Effective immediately.
LRB9004554SMcw
LRB9004554SMcw
1 AN ACT to amend the Probate Act of 1975 by changing
2 Section 11a-10.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Probate Act of 1975 is amended by
6 changing Section 11a-10 as follows:
7 (755 ILCS 5/11a-10) (from Ch. 110 1/2, par. 11a-10)
8 Sec. 11a-10. Procedures preliminary to hearing.)
9 (a) Upon the filing of a petition pursuant to Section
10 11a-8, the court shall set a date and place for hearing to
11 take place within 30 days. The court shall appoint a
12 guardian ad litem to report to the court concerning the
13 respondent's best interests consistent with the provisions of
14 this Section, except that the appointment of a guardian ad
15 litem shall not be required when the court determines that
16 such appointment is not necessary for the protection of the
17 respondent or a reasonably informed decision on the petition.
18 If the guardian ad litem is not a licensed attorney, he or
19 she shall be qualified, by training or experience, to work
20 with or advocate for the developmentally disabled, mentally
21 ill, physically disabled, the elderly, or persons disabled
22 because of mental deterioration, depending on the type of
23 disability that is alleged in the petition. The court may
24 allow the guardian ad litem reasonable compensation. The
25 guardian ad litem may consult with a person who by training
26 or experience is qualified to work with persons with a
27 developmental disability, persons with mental illness, or
28 physically disabled persons, or persons disabled because of
29 mental deterioration, depending on the type of disability
30 that is alleged. The guardian ad litem shall personally
31 observe the respondent prior to the hearing and shall inform
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1 him orally and in writing of the contents of the petition and
2 of his rights under Section 11a-11. The guardian ad litem
3 shall also attempt to elicit the respondent's position
4 concerning the adjudication of disability, the proposed
5 guardian, a proposed change in residential placement, changes
6 in care that might result from the guardianship, and other
7 areas of inquiry deemed appropriate by the court. At or
8 before the hearing, the guardian ad litem shall file a
9 written report detailing his or her observations of the
10 respondent, the responses of the respondent to any of the
11 inquires detailed in this Section, the opinion of the
12 guardian ad litem or other professionals with whom the
13 guardian ad litem consulted concerning the appropriateness of
14 guardianship, and any other material issue discovered by the
15 guardian ad litem. The guardian ad litem shall appear at the
16 hearing and testify as to any issues presented in his or her
17 report.
18 (b) The court (1) may appoint counsel for the
19 respondent, if the court finds that the interests of the
20 respondent will be best served by the appointment, and (2)
21 shall appoint counsel upon respondent's request or if the
22 respondent takes a position adverse to that of the guardian
23 ad litem. The respondent shall be permitted to obtain the
24 appointment of counsel either at the hearing or by any
25 written or oral request communicated to the court prior to
26 the hearing. The summons shall inform the respondent of this
27 right to obtain appointed counsel. The court may allow
28 counsel for the respondent reasonable compensation.
29 (c) If the respondent is unable to pay the fee of the
30 guardian ad litem or appointed counsel, or both, the court
31 may enter an order for the petitioner to pay all such fees or
32 such amounts as the respondent or the respondent's estate may
33 be unable to pay. However, in cases where the Office of State
34 Guardian is the petitioner, consistent with Section 30 of the
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1 Guardianship and Advocacy Act, or when an agency designated
2 as a provider agency under Section 3 of the Elder Abuse and
3 Neglect Act is the petitioner, pursuant to Section 9 of the
4 Elder Abuse and Neglect Act, no guardian ad litem fees shall
5 be assessed against the Office of State Guardian or the
6 provider agency.
7 (d) The hearing may be held at such convenient place as
8 the court directs, including at a facility in which the
9 respondent resides.
10 (e) Unless he is the petitioner, the respondent shall be
11 personally served with a copy of the petition and a summons
12 not less than 14 days before the hearing. The summons shall
13 be printed in large, bold type and shall include the
14 following notice:
15 NOTICE OF RIGHTS OF RESPONDENT
16 You have been named as a respondent in a guardianship
17 petition asking that you be declared a disabled person. If
18 the court grants the petition, a guardian will be appointed
19 for you. A copy of the guardianship petition is attached for
20 your convenience.
21 The date and time of the hearing are:
22 The place where the hearing will occur is:
23 The Judge's name and phone number is:
24 If a guardian is appointed for you, the guardian may be
25 given the right to make all important personal decisions for
26 you, such as where you may live, what medical treatment you
27 may receive, what places you may visit, and who may visit
28 you. A guardian may also be given the right to control and
29 manage your money and other property, including your home, if
30 you own one. You may lose the right to make these decisions
31 for yourself.
32 You have the following legal rights:
33 (1) You have the right to be present at the court
34 hearing.
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1 (2) You have the right to be represented by a
2 lawyer, either one that you retain, or one appointed by
3 the Judge.
4 (3) You have the right to ask for a jury of six
5 persons to hear your case.
6 (4) You have the right to present evidence to the
7 court and to confront and cross-examine witnesses.
8 (5) You have the right to ask the Judge to appoint
9 an independent expert to examine you and give an opinion
10 about your need for a guardian.
11 (6) You have the right to ask that the court
12 hearing be closed to the public.
13 (7) You have the right to tell the court whom you
14 prefer to have for your guardian.
15 You do not have to attend the court hearing if you do not
16 want to be there. If you do not attend, the Judge may
17 appoint a guardian if the Judge finds that a guardian would
18 be of benefit to you. The hearing will not be postponed or
19 canceled if you do not attend.
20 IT IS VERY IMPORTANT THAT YOU ATTEND THE HEARING IF YOU
21 DO NOT WANT A GUARDIAN OR IF YOU WANT SOMEONE OTHER THAN THE
22 PERSON NAMED IN THE GUARDIANSHIP PETITION TO BE YOUR
23 GUARDIAN. IF YOU DO NOT WANT A GUARDIAN OF IF YOU HAVE ANY
24 OTHER PROBLEMS, YOU SHOULD CONTACT AN ATTORNEY OR COME TO
25 COURT AND TELL THE JUDGE.
26 Service of summons and the petition may be made by a
27 private person 18 years of age or over who is not a party to
28 the action.
29 (f) Notice of the time and place of the hearing shall be
30 given by the petitioner by mail or in person to those
31 persons, including the proposed guardian, whose names and
32 addresses appear in the petition and who do not waive notice,
33 not less than 14 days before the hearing.
34 (Source: P.A. 88-380; 89-396, eff. 8-20-95.)
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1 Section 99. Effective date. This Act takes effect upon
2 becoming law.