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| Public Act 100-0427 | ||||
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Probate Act of 1975 is amended by changing | ||||
Section 11a-10 and by adding Section 11a-11.5 as follows:
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(755 ILCS 5/11a-10) (from Ch. 110 1/2, par. 11a-10)
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Sec. 11a-10. Procedures preliminary to hearing.
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(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,
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except that
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
qualified,
by
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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
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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
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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
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under Section 11a-11.
The guardian ad litem shall also attempt | ||
to elicit the respondent's position
concerning the | ||
adjudication of disability, the proposed guardian, a proposed
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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
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respondent to any of the inquiries detailed in this Section, | ||
the opinion of the
guardian
ad litem or other professionals | ||
with whom the guardian ad litem consulted
concerning the | ||
appropriateness of guardianship, and any other material issue
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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.
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(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 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
compensation.
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(c) If the respondent is unable to pay the fee of the | ||
guardian ad litem or
appointed counsel, or both, the court may | ||
enter an order for
the petitioner to
pay all
such
fees or such | ||
amounts as the respondent or the respondent's estate may be | ||
unable
to pay.
However, in cases where the Office of State | ||
Guardian is the petitioner,
consistent with Section 30 of the | ||
Guardianship and Advocacy Act, where the public guardian is the | ||
petitioner, consistent with Section 13-5 of this Act,
where an | ||
adult protective services agency is the petitioner, pursuant to
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Section 9 of the Adult Protective Services Act, or where the | ||
Department of Children and Family Services is the petitioner | ||
under subparagraph (d) of subsection (1) of Section 2-27 of the | ||
Juvenile Court Act of 1987, no guardian ad litem or legal fees | ||
shall be assessed against the Office of
State Guardian, the | ||
public guardian, the adult protective services agency, or the | ||
Department of Children and Family Services.
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(d) The hearing may be held at such convenient place as the | ||
court directs,
including at a facility in which the respondent | ||
resides.
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(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
following | ||
notice:
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NOTICE OF RIGHTS OF RESPONDENT
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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
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attached for your convenience.
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The date and time of the hearing are:
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The place where the hearing will occur is:
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The Judge's name and phone number is:
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If a guardian is appointed for you, the guardian may be | ||
given the right to
make all
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
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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.
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You have the following legal rights:
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(1) You have the right to be present at the court | ||
hearing.
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(2) You have the right to be represented by a lawyer, | ||
either one that you
retain, or one appointed by the Judge.
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(3) You have the right to ask for a jury of six persons | ||
to hear your case.
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(4) You have the right to present evidence to the court | ||
and to confront
and
cross-examine witnesses.
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(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.
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(6) You have the right to ask that the court hearing be | ||
closed to the
public.
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(7) You have the right to tell the court whom you | ||
prefer to have for your
guardian.
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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.
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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 OF IF YOU HAVE ANY
OTHER | ||
PROBLEMS, YOU SHOULD CONTACT AN ATTORNEY OR COME TO COURT AND | ||
TELL THE
JUDGE.
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Service of summons and the petition may be made by a | ||
private person 18
years
of
age or over who is not a party to the | ||
action.
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(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
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appear in the petition and who do not waive notice, not less | ||
than 14 days
before the hearing.
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(Source: P.A. 98-49, eff. 7-1-13; 98-89, eff. 7-15-13; 98-756, | ||
eff. 7-16-14; 99-143, eff. 7-27-15; 99-642, eff. 7-28-16; | ||
revised 10-27-16.)
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(755 ILCS 5/11a-11.5 new) | ||
Sec. 11a-11.5. Video conferencing. Any circuit court of | ||
this State may adopt rules consistent with the rules of the | ||
Supreme Court of this State permitting the use of video | ||
conferencing equipment in any hearing under Section 11a-11. No | ||
rule shall preclude a party from seeking the presentation of | ||
testimony in accordance with Supreme Court Rule 241. | ||