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Public Act 91-0731
HB4047 Enrolled LRB9111461STcs
AN ACT to amend the Elder Abuse and Neglect Act.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Elder Abuse and Neglect Act is amended by
adding Sections 9.5 and 13.5 as follows:
(320 ILCS 20/9.5 new)
Sec. 9.5. Commencement of action for ex parte
authorization orders; filing fees; process.
(a) Actions for ex parte authorization orders are
commenced:
(1) independently, by filing a petition for an ex
parte authorization order in the circuit court;
(2) in conjunction with other civil proceedings, by
filing a petition for an ex parte authorization order
under the same case number as a guardianship proceeding
under the Probate Act of 1975 where the eligible adult is
the alleged disabled adult.
(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 a petition, rule,
motion, or order in an action commenced under this Section.
(c) Any action for an ex parte authorization order
commenced independently is a distinct cause of action and
requires that a separate summons be issued and served.
Service of summons is not required prior to entry of
emergency ex parte authorization orders.
(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.
(320 ILCS 20/13.5 new)
Sec. 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 commenced:
(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
Act of 1975;
(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 Section.
(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.
Section 99. Effective date. This Act takes effect upon
becoming law.
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