Full Text of HB5894 96th General Assembly
HB5894 96TH GENERAL ASSEMBLY
|
|
|
96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB5894
Introduced 2/10/2010, by Rep. Jehan A. Gordon SYNOPSIS AS INTRODUCED: |
|
755 ILCS 5/11a-10 |
from Ch. 110 1/2, par. 11a-10 |
|
Amends the Probate Act of 1975. Provides that in cases where the Department of Human Services Office of Inspector General is the petitioner, consistent with provisions of the Abuse of Adults with Disabilities Intervention Act concerning the consent of an adult with disabilities to an assessment or to services (instead of consistent with only a portion of those provisions, concerning consent by a guardian of the person of an adult with disabilities), no guardian ad litem or legal fees shall be assessed against the Department of Human Services Office of Inspector General. Effective immediately.
|
| |
|
|
A BILL FOR
|
|
|
|
|
HB5894 |
|
LRB096 19170 AJO 36305 b |
|
| 1 |
| AN ACT concerning civil law.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Probate Act of 1975 is amended by changing | 5 |
| Section 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 | 9 |
| 11a-8, the court shall
set a date and place for hearing to take | 10 |
| place within 30 days. The court
shall appoint a guardian ad | 11 |
| litem to report to the court concerning the
respondent's best | 12 |
| interests consistent with the provisions of this Section,
| 13 |
| except that
the appointment of a guardian ad litem shall not be | 14 |
| required when
the court determines that such appointment is not | 15 |
| necessary for the protection
of the respondent or a reasonably | 16 |
| informed decision on the petition.
If the guardian ad litem is | 17 |
| not a licensed attorney, he or she shall be
qualified,
by
| 18 |
| training or experience, to work with or advocate for the | 19 |
| developmentally
disabled, mentally ill, physically disabled, | 20 |
| the elderly, or persons disabled
because of mental | 21 |
| deterioration, depending on the type of disability that is
| 22 |
| alleged in the petition.
The court may allow the guardian ad | 23 |
| litem reasonable compensation. The
guardian ad litem may |
|
|
|
HB5894 |
- 2 - |
LRB096 19170 AJO 36305 b |
|
| 1 |
| consult with a person who by training or experience is
| 2 |
| qualified to work with persons with a developmental disability, | 3 |
| persons with
mental illness, or physically disabled persons, or | 4 |
| persons disabled because of
mental deterioration, depending on | 5 |
| the type of disability that is alleged.
The guardian ad litem | 6 |
| shall personally observe the respondent prior to the
hearing | 7 |
| and shall inform
him orally and in writing of the contents of | 8 |
| the petition and of his rights
under Section 11a-11.
The | 9 |
| guardian ad litem shall also attempt to elicit the respondent's | 10 |
| position
concerning the adjudication of disability, the | 11 |
| proposed guardian, a proposed
change in residential placement, | 12 |
| changes in care that might result from the
guardianship, and | 13 |
| other areas of inquiry deemed appropriate by the court.
At or | 14 |
| before the hearing, the guardian ad litem shall file a written | 15 |
| report
detailing his or her observations of the respondent, the | 16 |
| responses of the
respondent to any of the inquires detailed in | 17 |
| this Section, the opinion of the
guardian
ad litem or other | 18 |
| professionals with whom the guardian ad litem consulted
| 19 |
| concerning the appropriateness of guardianship, and any other | 20 |
| material issue
discovered by the guardian ad litem. The | 21 |
| guardian ad litem shall appear at the
hearing and testify as to | 22 |
| any issues presented in his or her report.
| 23 |
| (b) The court (1) may appoint counsel for the respondent, | 24 |
| if the court finds
that the interests of the respondent will be | 25 |
| best served by the appointment,
and (2) shall appoint counsel | 26 |
| upon respondent's request or if the respondent
takes a position |
|
|
|
HB5894 |
- 3 - |
LRB096 19170 AJO 36305 b |
|
| 1 |
| adverse to that of the guardian ad litem. The respondent
shall | 2 |
| be permitted to obtain the appointment of counsel either at the | 3 |
| hearing
or by any written or oral request communicated to the | 4 |
| court prior to the
hearing. The summons shall inform the | 5 |
| respondent of this right to obtain
appointed counsel. The court | 6 |
| may allow counsel for the respondent reasonable
compensation.
| 7 |
| (c) If the respondent is unable to pay the fee of the | 8 |
| guardian ad litem or
appointed counsel, or both, the court may | 9 |
| enter an order for
the petitioner to
pay all
such
fees or such | 10 |
| amounts as the respondent or the respondent's estate may be | 11 |
| unable
to pay.
However, in cases where the Office of State | 12 |
| Guardian is the petitioner,
consistent with Section 30 of the | 13 |
| Guardianship and Advocacy Act,
where an elder abuse provider | 14 |
| agency is the petitioner, pursuant to
Section 9 of the Elder | 15 |
| Abuse and Neglect Act,
or where the Department of Human | 16 |
| Services Office of Inspector General is the petitioner, | 17 |
| consistent with Section 45 45(b) of the Abuse of Adults with | 18 |
| Disabilities Intervention Act, no guardian ad litem or legal | 19 |
| fees shall be assessed against the Office of
State Guardian, | 20 |
| the elder abuse provider agency, or the Department of Human | 21 |
| Services Office of Inspector General.
| 22 |
| (d) The hearing may be held at such convenient place as the | 23 |
| court directs,
including at a facility in which the respondent | 24 |
| resides.
| 25 |
| (e) Unless he is the petitioner, the respondent shall be | 26 |
| personally
served with a copy of the petition and a summons not |
|
|
|
HB5894 |
- 4 - |
LRB096 19170 AJO 36305 b |
|
| 1 |
| less than 14 days
before the hearing.
The summons shall be | 2 |
| printed in large, bold type and shall include the
following | 3 |
| notice:
| 4 |
| NOTICE OF RIGHTS OF RESPONDENT
| 5 |
| You have been named as a respondent in a guardianship | 6 |
| petition asking that
you be declared a disabled person. If the | 7 |
| court grants the petition, a
guardian will be appointed for | 8 |
| you. A copy of the guardianship petition is
attached for your | 9 |
| convenience.
| 10 |
| The date and time of the hearing are:
| 11 |
| The place where the hearing will occur is:
| 12 |
| The Judge's name and phone number is:
| 13 |
| If a guardian is appointed for you, the guardian may be | 14 |
| given the right to
make all
important personal decisions for | 15 |
| you, such as where you may live, what medical
treatment you may | 16 |
| receive, what places you may visit, and who may visit you. A
| 17 |
| guardian may also be given the right to control and manage your | 18 |
| money and other
property, including your home, if you own one. | 19 |
| You may lose the right to make
these decisions for yourself.
| 20 |
| You have the following legal rights:
| 21 |
| (1) You have the right to be present at the court | 22 |
| hearing.
| 23 |
| (2) You have the right to be represented by a lawyer, | 24 |
| either one that you
retain, or one appointed by the Judge.
| 25 |
| (3) You have the right to ask for a jury of six persons | 26 |
| to hear your case.
|
|
|
|
HB5894 |
- 5 - |
LRB096 19170 AJO 36305 b |
|
| 1 |
| (4) You have the right to present evidence to the court | 2 |
| and to confront
and
cross-examine witnesses.
| 3 |
| (5) You have the right to ask the Judge to appoint an | 4 |
| independent expert
to examine you and give an opinion about | 5 |
| your need for a guardian.
| 6 |
| (6) You have the right to ask that the court hearing be | 7 |
| closed to the
public.
| 8 |
| (7) You have the right to tell the court whom you | 9 |
| prefer to have for your
guardian.
| 10 |
| You do not have to attend the court hearing if you do not | 11 |
| want to be there.
If you do not attend, the Judge may appoint a | 12 |
| guardian if the Judge finds that
a guardian would be of benefit | 13 |
| to you. The hearing will not be postponed or
canceled if you do | 14 |
| not attend.
| 15 |
| IT IS VERY IMPORTANT THAT YOU ATTEND THE HEARING IF YOU DO | 16 |
| NOT WANT A
GUARDIAN OR IF YOU WANT SOMEONE OTHER THAN THE | 17 |
| PERSON NAMED IN THE GUARDIANSHIP
PETITION TO BE YOUR GUARDIAN. | 18 |
| IF YOU DO NOT WANT A GUARDIAN OF IF YOU HAVE ANY
OTHER | 19 |
| PROBLEMS, YOU SHOULD CONTACT AN ATTORNEY OR COME TO COURT AND | 20 |
| TELL THE
JUDGE.
| 21 |
| Service of summons and the petition may be made by a | 22 |
| private person 18
years
of
age or over who is not a party to the | 23 |
| action.
| 24 |
| (f) Notice of the time and place of the hearing shall be | 25 |
| given by the
petitioner by mail or in person to those persons, | 26 |
| including the proposed
guardian, whose names and addresses
|
|
|
|
HB5894 |
- 6 - |
LRB096 19170 AJO 36305 b |
|
| 1 |
| appear in the petition and who do not waive notice, not less | 2 |
| than 14 days
before the hearing.
| 3 |
| (Source: P.A. 95-373, eff. 8-23-07.)
| 4 |
| Section 99. Effective date. This Act takes effect upon | 5 |
| becoming law.
|
|