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92_SB2071eng SB2071 Engrossed LRB9214057AGmb 1 AN ACT concerning disabled adults. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Abuse of Adults with Disabilities 5 Intervention Act is amended by changing Section 45 as 6 follows: 7 (20 ILCS 2435/45) (from Ch. 23, par. 3395-45) 8 Sec. 45. Consent. 9 (a) If the Adults with Disabilities Abuse Project has 10 received a report of alleged or suspected abuse, neglect, or 11 exploitation with regard to an adult with disabilities who 12 lacks the capacity to consent to an assessment or to 13 services, the Adults with Disabilities Abuse Project may 14 seek, directly or through another agency, the appointment of 15 a temporary or permanent guardian for assessment, provision 16 of services, or any other decision-making authority as is 17 appropriate for the individual as provided in Article XIa of 18 the Probate Act of 1975 or other relief as provided under the 19 Illinois Domestic Violence Act of 1986. 20 (a-5) If the adult with disabilities consents to the 21 assessment, such assessment shall be conducted. If the adult 22 with disabilities consents to the services included in the 23 service plan, such services shall be provided. If the adult 24 with disabilities refuses or withdraws his or her consent to 25 the completion of the assessment, the assessment shall be 26 terminated. If the adult with disabilities refuses or 27 withdraws his or her consent to the provision of services, 28 the services shall not be provided. 29 (b) A guardian of the person of an adult with 30 disabilities who is abused, neglected, or exploited by 31 another individual in a domestic living situation may consent SB2071 Engrossed -2- LRB9214057AGmb 1 to an assessment or to services being provided pursuant to 2 the service plan. If the guardian is alleged to be the 3 perpetrator of the abuse, neglect, or exploitation, the 4 Adults with Disabilities Abuse Project may
shallseek the 5 appointment of a temporary substitute guardian pursuant to 6 Section 213.3 of the Illinois Domestic Violence Act of 1986 7 under the provisions of Article XIa of the Probate Act of 8 1975. If a guardian withdraws his consent or refuses to allow 9 an assessment or services to be provided to the adult with 10 disabilities, the Adults with Disabilities Abuse Project may 11 seek directly or through another agency a court order seeking 12 appropriate remedies, and may in addition request removal of 13 the guardian and appointment of a successor guardian pursuant 14 to Article XIa of the Probate Act of 1975. 15 (c) For the purposes of this Section only, "lacks the 16 capacity to consent" shall mean that the adult with 17 disabilities reasonably appears to be unable by reason of 18 physical or mental condition to receive and evaluate 19 information related to the assessment or services, or to 20 communicate decisions related to the assessment or services. 21 (Source: P.A. 90-655, eff. 7-30-98; 91-671, eff. 7-1-00.) 22 Section 99. Effective date. This Act takes effect upon 23 becoming law.
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