(320 ILCS 20/13.5)
Commencement of action for access; filing
fees; process; notice; duration of orders.
(a) Actions for orders seeking access to an eligible
adult or freezing assets of an eligible adult are
(1) independently, by filing a petition for access to
an eligible adult or freezing the assets of an eligible adult in the circuit court;
(2) in conjunction with other civil proceedings, by
filing a petition for access to an eligible adult or freezing the assets of an eligible adult under the same case number as another civil proceeding involving the parties, including, but not limited to:
(i) a guardianship proceeding under the Probate
(ii) a proceeding for involuntary commitment
under the Mental Health and Developmental Disabilities Code;
(iii) any other proceeding, provided that the
eligible adult or the respondent is a party to or the subject of that proceeding.
(b) No fee shall be charged by the clerk for filing
petitions or certifying orders. No fee shall be charged by
a sheriff for service by the sheriff of such a petition,
rule, motion, or order in an action commenced under this
(c) Any action for an order for access to an eligible
adult or freezing assets of an eligible adult, whether
commenced independently or in conjunction with another
proceeding, is a distinct cause of action and requires that
a separate summons be issued and served, except that in
pending cases the following methods may be used:
(1) Delivery of the summons to respondent personally
in open court in pending civil or criminal cases.
(2) Mailing to the defendant, or, if represented, to
the defendant's attorney of record in the civil cases in which the defendant has filed a general appearance. The summons shall be in the form prescribed by subsection (d) of Supreme Court Rule 101, except that it shall require the respondent to answer or appear within 7 days. Attachments to the summons or notice shall include the petition for access to an eligible adult or freezing assets of an eligible adult and supporting affidavits, if any, and any emergency order for access to an eligible adult or freezing assets of an eligible adult that has been issued.
(d) Summons may be served by a private person over 18
years of age and not a party to the action. The return by
that private person shall be by affidavit. The summons may
be served by a sheriff or other law enforcement officer,
and if summons is placed for service by the sheriff, it
shall be made at the earliest time practicable and shall
take precedence over other summonses except those of a
similar emergency nature.
(e) Except as otherwise provided in this Section, notice
of hearings on petitions or motions shall be served in
accordance with Supreme Court Rules 11 and 12 unless notice
is excused by the Code of Civil Procedure, Supreme Court
Rules, or local rules, as now or hereafter amended.
(f) Original notice of a hearing on a petition for
access to an eligible adult or freezing assets of an
eligible adult may be given, and the documents served, in
accordance with Supreme Court Rules 11 and 12. When,
however, an emergency order is sought in such a case on an
ex parte application, the notice rules set forth in Section
11-101 of the Code of Civil Procedure shall apply.
(g) An order entered in accordance with Sections 13 and
13.5 shall be valid for a fixed period of time, not to
exceed 2 years.
(Source: P.A. 91-731, eff. 6-2-00.)