SB3594 EngrossedLRB097 20173 JWD 65582 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Probate Act of 1975 is amended by changing
5Section 11a-10 as follows:
 
6    (755 ILCS 5/11a-10)  (from Ch. 110 1/2, par. 11a-10)
7    Sec. 11a-10. Procedures preliminary to hearing.
8    (a) Upon the filing of a petition pursuant to Section
911a-8, the court shall set a date and place for hearing to take
10place within 30 days. The court shall appoint a guardian ad
11litem to report to the court concerning the respondent's best
12interests consistent with the provisions of this Section,
13except that the appointment of a guardian ad litem shall not be
14required when the court determines that such appointment is not
15necessary for the protection of the respondent or a reasonably
16informed decision on the petition. If the guardian ad litem is
17not a licensed attorney, he or she shall be qualified, by
18training or experience, to work with or advocate for the
19developmentally disabled, mentally ill, physically disabled,
20the elderly, or persons disabled because of mental
21deterioration, depending on the type of disability that is
22alleged in the petition. The court may allow the guardian ad
23litem reasonable compensation. The guardian ad litem may

 

 

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1consult with a person who by training or experience is
2qualified to work with persons with a developmental disability,
3persons with mental illness, or physically disabled persons, or
4persons disabled because of mental deterioration, depending on
5the type of disability that is alleged. The guardian ad litem
6shall personally observe the respondent prior to the hearing
7and shall inform him orally and in writing of the contents of
8the petition and of his rights under Section 11a-11. The
9guardian ad litem shall also attempt to elicit the respondent's
10position concerning the adjudication of disability, the
11proposed guardian, a proposed change in residential placement,
12changes in care that might result from the guardianship, and
13other areas of inquiry deemed appropriate by the court.
14Notwithstanding any provision in the Mental Health and
15Developmental Disabilities Confidentiality Act or any other
16law, a guardian ad litem shall have the right to inspect and
17copy any medical or mental health record of the respondent
18which the guardian ad litem deems necessary, provided that the
19information so disclosed shall not be utilized for any other
20purpose nor be redisclosed except in connection with the
21proceedings. At or before the hearing, the guardian ad litem
22shall file a written report detailing his or her observations
23of the respondent, the responses of the respondent to any of
24the inquires detailed in this Section, the opinion of the
25guardian ad litem or other professionals with whom the guardian
26ad litem consulted concerning the appropriateness of

 

 

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1guardianship, and any other material issue discovered by the
2guardian ad litem. The guardian ad litem shall appear at the
3hearing and testify as to any issues presented in his or her
4report.
5    (b) The court (1) may appoint counsel for the respondent,
6if the court finds that the interests of the respondent will be
7best served by the appointment, and (2) shall appoint counsel
8upon respondent's request or if the respondent takes a position
9adverse to that of the guardian ad litem. The respondent shall
10be permitted to obtain the appointment of counsel either at the
11hearing or by any written or oral request communicated to the
12court prior to the hearing. The summons shall inform the
13respondent of this right to obtain appointed counsel. The court
14may allow counsel for the respondent reasonable compensation.
15    (c) If the respondent is unable to pay the fee of the
16guardian ad litem or appointed counsel, or both, the court may
17enter an order for the petitioner to pay all such fees or such
18amounts as the respondent or the respondent's estate may be
19unable to pay. However, in cases where the Office of State
20Guardian is the petitioner, consistent with Section 30 of the
21Guardianship and Advocacy Act, where the public guardian is the
22petitioner, consistent with Section 13-5 of the Probate Act of
231975, where an elder abuse provider agency is the petitioner,
24pursuant to Section 9 of the Elder Abuse and Neglect Act, or
25where the Department of Human Services Office of Inspector
26General is the petitioner, consistent with Section 45 of the

 

 

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1Abuse of Adults with Disabilities Intervention Act, no guardian
2ad litem or legal fees shall be assessed against the Office of
3State Guardian, the public guardian, the elder abuse provider
4agency, or the Department of Human Services Office of Inspector
5General.
6    (d) The hearing may be held at such convenient place as the
7court directs, including at a facility in which the respondent
8resides.
9    (e) Unless he is the petitioner, the respondent shall be
10personally served with a copy of the petition and a summons not
11less than 14 days before the hearing. The summons shall be
12printed in large, bold type and shall include the following
13notice:
14
NOTICE OF RIGHTS OF RESPONDENT
15    You have been named as a respondent in a guardianship
16petition asking that you be declared a disabled person. If the
17court grants the petition, a guardian will be appointed for
18you. A copy of the guardianship petition is attached for your
19convenience.
20The date and time of the hearing are:
21The place where the hearing will occur is:
22The Judge's name and phone number is:
23    If a guardian is appointed for you, the guardian may be
24given the right to make all important personal decisions for
25you, such as where you may live, what medical treatment you may
26receive, what places you may visit, and who may visit you. A

 

 

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1guardian may also be given the right to control and manage your
2money and other property, including your home, if you own one.
3You may lose the right to make these decisions for yourself.
4    You have the following legal rights:
5        (1) You have the right to be present at the court
6    hearing.
7        (2) You have the right to be represented by a lawyer,
8    either one that you retain, or one appointed by the Judge.
9        (3) You have the right to ask for a jury of six persons
10    to hear your case.
11        (4) You have the right to present evidence to the court
12    and to confront and cross-examine witnesses.
13        (5) You have the right to ask the Judge to appoint an
14    independent expert to examine you and give an opinion about
15    your need for a guardian.
16        (6) You have the right to ask that the court hearing be
17    closed to the public.
18        (7) You have the right to tell the court whom you
19    prefer to have for your guardian.
20    You do not have to attend the court hearing if you do not
21want to be there. If you do not attend, the Judge may appoint a
22guardian if the Judge finds that a guardian would be of benefit
23to you. The hearing will not be postponed or canceled if you do
24not attend.
25    IT IS VERY IMPORTANT THAT YOU ATTEND THE HEARING IF YOU DO
26NOT WANT A GUARDIAN OR IF YOU WANT SOMEONE OTHER THAN THE

 

 

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1PERSON NAMED IN THE GUARDIANSHIP PETITION TO BE YOUR GUARDIAN.
2IF YOU DO NOT WANT A GUARDIAN OF IF YOU HAVE ANY OTHER
3PROBLEMS, YOU SHOULD CONTACT AN ATTORNEY OR COME TO COURT AND
4TELL THE JUDGE.
5    Service of summons and the petition may be made by a
6private person 18 years of age or over who is not a party to the
7action.
8    (f) Notice of the time and place of the hearing shall be
9given by the petitioner by mail or in person to those persons,
10including the proposed guardian, whose names and addresses
11appear in the petition and who do not waive notice, not less
12than 14 days before the hearing.
13(Source: P.A. 96-1052, eff. 7-14-10; 97-375, eff. 8-15-11.)