Illinois General Assembly - Full Text of Public Act 097-1095
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Public Act 097-1095


 

Public Act 1095 97TH GENERAL ASSEMBLY



 


 
Public Act 097-1095
 
SB3594 EnrolledLRB097 20173 JWD 65582 b

    AN ACT concerning civil law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Probate Act of 1975 is amended by changing
Section 11a-10 and the heading of Article XXVI, and by adding
Section 26-3 as follows:
 
    (755 ILCS 5/11a-10)  (from Ch. 110 1/2, par. 11a-10)
    Sec. 11a-10. Procedures preliminary to hearing.
    (a) Upon the filing of a petition pursuant to Section
11a-8, the court shall set a date and place for hearing to take
place within 30 days. The court shall appoint a guardian ad
litem to report to the court concerning the respondent's best
interests consistent with the provisions of this Section,
except that the appointment of a guardian ad litem shall not be
required when the court determines that such appointment is not
necessary for the protection of the respondent or a reasonably
informed decision on the petition. If the guardian ad litem is
not a licensed attorney, he or she shall be qualified, by
training or experience, to work with or advocate for the
developmentally disabled, mentally ill, physically disabled,
the elderly, or persons disabled because of mental
deterioration, depending on the type of disability that is
alleged in the petition. The court may allow the guardian ad
litem reasonable compensation. The guardian ad litem may
consult with a person who by training or experience is
qualified to work with persons with a developmental disability,
persons with mental illness, or physically disabled persons, or
persons disabled because of mental deterioration, depending on
the type of disability that is alleged. The guardian ad litem
shall personally observe the respondent prior to the hearing
and shall inform him orally and in writing of the contents of
the petition and of his rights under Section 11a-11. The
guardian ad litem shall also attempt to elicit the respondent's
position concerning the adjudication of disability, the
proposed guardian, a proposed change in residential placement,
changes in care that might result from the guardianship, and
other areas of inquiry deemed appropriate by the court.
Notwithstanding any provision in the Mental Health and
Developmental Disabilities Confidentiality Act or any other
law, a guardian ad litem shall have the right to inspect and
copy any medical or mental health record of the respondent
which the guardian ad litem deems necessary, provided that the
information so disclosed shall not be utilized for any other
purpose nor be redisclosed except in connection with the
proceedings. At or before the hearing, the guardian ad litem
shall file a written report detailing his or her observations
of the respondent, the responses of the respondent to any of
the inquires detailed in this Section, the opinion of the
guardian ad litem or other professionals with whom the guardian
ad litem consulted concerning the appropriateness of
guardianship, and any other material issue discovered by the
guardian ad litem. The guardian ad litem shall appear at the
hearing and testify as to any issues presented in his or her
report.
    (b) The court (1) may appoint counsel for the respondent,
if the court finds that the interests of the respondent will be
best served by the appointment, and (2) shall appoint counsel
upon respondent's request or if the respondent takes a position
adverse to that of the guardian ad litem. The respondent shall
be permitted to obtain the appointment of counsel either at the
hearing or by any written or oral request communicated to the
court prior to the hearing. The summons shall inform the
respondent of this right to obtain appointed counsel. The court
may allow counsel for the respondent reasonable compensation.
    (c) If the respondent is unable to pay the fee of the
guardian ad litem or appointed counsel, or both, the court may
enter an order for the petitioner to pay all such fees or such
amounts as the respondent or the respondent's estate may be
unable to pay. However, in cases where the Office of State
Guardian is the petitioner, consistent with Section 30 of the
Guardianship and Advocacy Act, where the public guardian is the
petitioner, consistent with Section 13-5 of the Probate Act of
1975, where an elder abuse provider agency is the petitioner,
pursuant to Section 9 of the Elder Abuse and Neglect Act, or
where the Department of Human Services Office of Inspector
General is the petitioner, consistent with Section 45 of the
Abuse of Adults with Disabilities Intervention Act, no guardian
ad litem or legal fees shall be assessed against the Office of
State Guardian, the public guardian, the elder abuse provider
agency, or the Department of Human Services Office of Inspector
General.
    (d) The hearing may be held at such convenient place as the
court directs, including at a facility in which the respondent
resides.
    (e) Unless he is the petitioner, the respondent shall be
personally served with a copy of the petition and a summons not
less than 14 days before the hearing. The summons shall be
printed in large, bold type and shall include the following
notice:
NOTICE OF RIGHTS OF RESPONDENT
    You have been named as a respondent in a guardianship
petition asking that you be declared a disabled person. If the
court grants the petition, a guardian will be appointed for
you. A copy of the guardianship petition is attached for your
convenience.
The date and time of the hearing are:
The place where the hearing will occur is:
The Judge's name and phone number is:
    If a guardian is appointed for you, the guardian may be
given the right to make all important personal decisions for
you, such as where you may live, what medical treatment you may
receive, what places you may visit, and who may visit you. A
guardian may also be given the right to control and manage your
money and other property, including your home, if you own one.
You may lose the right to make these decisions for yourself.
    You have the following legal rights:
        (1) You have the right to be present at the court
    hearing.
        (2) You have the right to be represented by a lawyer,
    either one that you retain, or one appointed by the Judge.
        (3) You have the right to ask for a jury of six persons
    to hear your case.
        (4) You have the right to present evidence to the court
    and to confront and cross-examine witnesses.
        (5) You have the right to ask the Judge to appoint an
    independent expert to examine you and give an opinion about
    your need for a guardian.
        (6) You have the right to ask that the court hearing be
    closed to the public.
        (7) You have the right to tell the court whom you
    prefer to have for your guardian.
    You do not have to attend the court hearing if you do not
want to be there. If you do not attend, the Judge may appoint a
guardian if the Judge finds that a guardian would be of benefit
to you. The hearing will not be postponed or canceled if you do
not attend.
    IT IS VERY IMPORTANT THAT YOU ATTEND THE HEARING IF YOU DO
NOT WANT A GUARDIAN OR IF YOU WANT SOMEONE OTHER THAN THE
PERSON NAMED IN THE GUARDIANSHIP PETITION TO BE YOUR GUARDIAN.
IF YOU DO NOT WANT A GUARDIAN OF IF YOU HAVE ANY OTHER
PROBLEMS, YOU SHOULD CONTACT AN ATTORNEY OR COME TO COURT AND
TELL THE JUDGE.
    Service of summons and the petition may be made by a
private person 18 years of age or over who is not a party to the
action.
    (f) Notice of the time and place of the hearing shall be
given by the petitioner by mail or in person to those persons,
including the proposed guardian, whose names and addresses
appear in the petition and who do not waive notice, not less
than 14 days before the hearing.
(Source: P.A. 96-1052, eff. 7-14-10; 97-375, eff. 8-15-11.)
 
    (755 ILCS 5/Art. XXVI heading)
ARTICLE XXVI
APPEALS AND POST-JUDGMENT MOTIONS

 
    (755 ILCS 5/26-3 new)
    Sec. 26-3. Effect of post-judgment motions. Unless stayed
by the court, an order adjudicating a person disabled and
appointing a plenary, limited, or successor guardian pursuant
to Section 11a-3, 11a-12, 11a-14, or 11a-15 of this Act shall
not be suspended or the enforcement thereof stayed pending the
filing and resolution of any post-judgment motion.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/24/2012