Section 270.260  Authority to Consent to Services and Court Petitions

a)         If an eligible adult consents to services being provided according to the service care plan, such services shall be arranged to meet the adult's needs, based upon the availability of resources to provide such services.  If an adult withdraws his or her consent or refuses to accept such services, the services shall not be provided. [320 ILCS 20/9(a)]

b)         If it reasonably appears to the Department or other agency designated under the Act that a person is an eligible adult and lacks the capacity to consent to necessary services, including an assessment, the Department or other agency may seek the appointment of a guardian as provided in Article XIa of the Probate Act of 1975 [755 ILCS 5/Art. XIa] for the purpose of consenting to such services. [320 ILCS 20/9(b)]  If the Department or elder abuse provider agency seeks the appointment of a guardian pursuant to Article XIa of the Probate Act of 1975, the Department or elder abuse provider agency shall notify the nearest relatives of the disabled person not less than 14 days prior to the scheduled hearing, as provided by Sections 11a-8 and 11a-10(f) of the Probate Act of 1975.

c)         A guardian of the person of an eligible adult may consent to services being provided according to the service care plan.  If a guardian withdraws his or her consent or refuses to allow services to be provided to the eligible adult, the Department, an agency designated under the Act, or the Office of the Attorney General may request a court order seeking appropriate remedies, and may in addition request removal of the guardian and appointment of a successor guardian. [320 ILCS 20/9(c)]

d)         If an emergency exists and the Department or other agency designated under the Act reasonably believes that a person is an eligible adult and lacks the capacity to consent to necessary services, the Department or other agency may request an ex parte order from the circuit court of the county in which the petitioner or respondent resides or in which the alleged abuse, neglect, or financial exploitation occurred, authorizing an assessment of a report of alleged or suspected abuse, neglect, or financial exploitation or the provision of necessary services, or both, including relief available under the Illinois Domestic Violence Act of 1986 [750 ILCS 60]. [320 ILCS 20/9(d)]

e)         Within 15 days after the entry of the ex parte emergency order, the order shall expire, or, if the need for assessment or services continues, the provider agency shall petition for the appointment of a guardian as provided in Article XIa of the Probate Act of 1975 for the purpose of consenting to such assessment or services or to protect the eligible adult from further harm. [320 ILCS 20/9(e)]

f)         If the elder abuse provider agency has substantiated financial exploitation against an eligible adult, and has documented a reasonable belief that the eligible adult will be irreparably harmed as a result of the financial exploitation, the Office of the Attorney General, the Department, or the provider agency may petition for an order freezing the assets of the eligible adult.  The petition shall be filed in the county or counties in which the assets are located. [320 ILCS 20/13(d)]

(Source:  Amended at 26 Ill. Reg. 3964, effective March 15, 2002)