SB3594 EnrolledLRB097 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 and the heading of Article XXVI, and by adding
6Section 26-3 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
1011a-8, the court shall set a date and place for hearing to take
11place within 30 days. The court shall appoint a guardian ad
12litem to report to the court concerning the respondent's best
13interests consistent with the provisions of this Section,
14except that the appointment of a guardian ad litem shall not be
15required when the court determines that such appointment is not
16necessary for the protection of the respondent or a reasonably
17informed decision on the petition. If the guardian ad litem is
18not a licensed attorney, he or she shall be qualified, by
19training or experience, to work with or advocate for the
20developmentally disabled, mentally ill, physically disabled,
21the elderly, or persons disabled because of mental
22deterioration, depending on the type of disability that is
23alleged in the petition. The court may allow the guardian ad

 

 

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

 

 

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1ad litem consulted concerning the appropriateness of
2guardianship, and any other material issue discovered by the
3guardian ad litem. The guardian ad litem shall appear at the
4hearing and testify as to any issues presented in his or her
5report.
6    (b) The court (1) may appoint counsel for the respondent,
7if the court finds that the interests of the respondent will be
8best served by the appointment, and (2) shall appoint counsel
9upon respondent's request or if the respondent takes a position
10adverse to that of the guardian ad litem. The respondent shall
11be permitted to obtain the appointment of counsel either at the
12hearing or by any written or oral request communicated to the
13court prior to the hearing. The summons shall inform the
14respondent of this right to obtain appointed counsel. The court
15may allow counsel for the respondent reasonable compensation.
16    (c) If the respondent is unable to pay the fee of the
17guardian ad litem or appointed counsel, or both, the court may
18enter an order for the petitioner to pay all such fees or such
19amounts as the respondent or the respondent's estate may be
20unable to pay. However, in cases where the Office of State
21Guardian is the petitioner, consistent with Section 30 of the
22Guardianship and Advocacy Act, where the public guardian is the
23petitioner, consistent with Section 13-5 of the Probate Act of
241975, where an elder abuse provider agency is the petitioner,
25pursuant to Section 9 of the Elder Abuse and Neglect Act, or
26where the Department of Human Services Office of Inspector

 

 

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1General is the petitioner, consistent with Section 45 of the
2Abuse of Adults with Disabilities Intervention Act, no guardian
3ad litem or legal fees shall be assessed against the Office of
4State Guardian, the public guardian, the elder abuse provider
5agency, or the Department of Human Services Office of Inspector
6General.
7    (d) The hearing may be held at such convenient place as the
8court directs, including at a facility in which the respondent
9resides.
10    (e) Unless he is the petitioner, the respondent shall be
11personally served with a copy of the petition and a summons not
12less than 14 days before the hearing. The summons shall be
13printed in large, bold type and shall include the following
14notice:
15
NOTICE OF RIGHTS OF RESPONDENT
16    You have been named as a respondent in a guardianship
17petition asking that you be declared a disabled person. If the
18court grants the petition, a guardian will be appointed for
19you. A copy of the guardianship petition is attached for your
20convenience.
21The date and time of the hearing are:
22The place where the hearing will occur is:
23The Judge's name and phone number is:
24    If a guardian is appointed for you, the guardian may be
25given the right to make all important personal decisions for
26you, such as where you may live, what medical treatment you may

 

 

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

 

 

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1NOT WANT A GUARDIAN OR IF YOU WANT SOMEONE OTHER THAN THE
2PERSON NAMED IN THE GUARDIANSHIP PETITION TO BE YOUR GUARDIAN.
3IF YOU DO NOT WANT A GUARDIAN OF IF YOU HAVE ANY OTHER
4PROBLEMS, YOU SHOULD CONTACT AN ATTORNEY OR COME TO COURT AND
5TELL THE JUDGE.
6    Service of summons and the petition may be made by a
7private person 18 years of age or over who is not a party to the
8action.
9    (f) Notice of the time and place of the hearing shall be
10given by the petitioner by mail or in person to those persons,
11including the proposed guardian, whose names and addresses
12appear in the petition and who do not waive notice, not less
13than 14 days before the hearing.
14(Source: P.A. 96-1052, eff. 7-14-10; 97-375, eff. 8-15-11.)
 
15    (755 ILCS 5/Art. XXVI heading)
16
ARTICLE XXVI
17
APPEALS AND POST-JUDGMENT MOTIONS

 
18    (755 ILCS 5/26-3 new)
19    Sec. 26-3. Effect of post-judgment motions. Unless stayed
20by the court, an order adjudicating a person disabled and
21appointing a plenary, limited, or successor guardian pursuant
22to Section 11a-3, 11a-12, 11a-14, or 11a-15 of this Act shall
23not be suspended or the enforcement thereof stayed pending the
24filing and resolution of any post-judgment motion.
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.