(320 ILCS 20/9) (from Ch. 23, par. 6609)
Sec. 9. Authority to consent to services.
(a) If an eligible adult
consents to services being provided according
to the case 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.
(b) If it reasonably appears to the Department or other agency
designated under this 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 for the purpose of consenting to such services, together with an order for an evaluation of the eligible adult's physical, psychological, and medical condition and decisional capacity.
(c) A guardian of the person of an eligible adult may consent to
services being provided according to the case plan. If an eligible adult lacks capacity to consent to services, an agent having authority under a power of attorney may consent to services. If the guardian or agent
withdraws his or her consent or refuses to allow services to be provided to
the
eligible adult, the Department, an agency designated under this 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 or request removal of the agent and appointment of a guardian.
(d) If an emergency exists and the Department or other agency designated
under this 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, financial exploitation, or self-neglect occurred, authorizing
an
assessment of a report of alleged or suspected abuse, neglect,
financial exploitation, or self-neglect or the provision of necessary services, or
both,
including relief available under the Illinois Domestic Violence Act of 1986 in accord with established law and Department protocols, procedures, and policies.
Petitions filed under this subsection shall be treated as expedited
proceedings.
(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.
(f) If the court enters an ex parte order under subsection (d) for an assessment of a report of alleged or suspected self-neglect, or for the provision of necessary services in connection with alleged or suspected self-neglect, or for both, the court, as soon as is practicable thereafter, shall appoint a guardian ad litem for the eligible adult who is the subject of the order, for the purpose of reviewing the reasonableness of the order. The guardian ad litem shall review the order and, if the guardian ad litem reasonably believes that the order is unreasonable, the guardian ad litem shall file a petition with the court stating the guardian ad litem's belief and requesting that the order be vacated.
(Source: P.A. 96-526, eff. 1-1-10.)
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