Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Public Act 100-0427


 

Public Act 0427 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0427
 
SB1319 EnrolledLRB100 08450 HEP 18568 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 by adding Section 11a-11.5 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 persons
with developmental disabilities, the mentally ill, persons
with physical disabilities, the elderly, or persons with a
disability due to 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, persons
with physical disabilities, or persons with a disability due to
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 inquiries 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 this Act, where an
adult protective services agency is the petitioner, pursuant to
Section 9 of the Adult Protective Services Act, or where the
Department of Children and Family Services is the petitioner
under subparagraph (d) of subsection (1) of Section 2-27 of the
Juvenile Court Act of 1987, no guardian ad litem or legal fees
shall be assessed against the Office of State Guardian, the
public guardian, the adult protective services agency, or the
Department of Children and Family Services.
    (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 person with a
disability. 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. If you are unable to attend the hearing in person
or you will suffer harm if you attend, the Judge can decide to
hold the hearing at a place that is convenient. The Judge can
also follow the rule of the Supreme Court of this State, or its
local equivalent, and decide if a video conference is
appropriate.
    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 OR 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. 98-49, eff. 7-1-13; 98-89, eff. 7-15-13; 98-756,
eff. 7-16-14; 99-143, eff. 7-27-15; 99-642, eff. 7-28-16;
revised 10-27-16.)
 
    (755 ILCS 5/11a-11.5 new)
    Sec. 11a-11.5. Video conferencing. Any circuit court of
this State may adopt rules consistent with the rules of the
Supreme Court of this State permitting the use of video
conferencing equipment in any hearing under Section 11a-11. No
rule shall preclude a party from seeking the presentation of
testimony in accordance with Supreme Court Rule 241.

Effective Date: 1/1/2018