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Rep. Daniel Didech
Filed: 2/4/2020
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| 1 | | AMENDMENT TO HOUSE BILL 4050
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| 2 | | AMENDMENT NO. ______. Amend House Bill 4050 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Probate Act of 1975 is amended by changing |
| 5 | | Section 11a-9 as follows:
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| 6 | | (755 ILCS 5/11a-9) (from Ch. 110 1/2, par. 11a-9)
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| 7 | | Sec. 11a-9. Report.) |
| 8 | | (a) The petition for adjudication of disability
and for |
| 9 | | appointment of a guardian
should be accompanied by a report |
| 10 | | which contains (1) a description of
the nature and type of the |
| 11 | | respondent's disability and an assessment of how
the disability |
| 12 | | impacts on the ability of the respondent to make decisions or
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| 13 | | to function independently; (2) an analysis and results of |
| 14 | | evaluations of
the respondent's mental and physical condition |
| 15 | | and, where
appropriate, educational condition, adaptive |
| 16 | | behavior and social skills,
which have been performed within 3 |
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| 1 | | months of the date of the filing of the
petition, or a |
| 2 | | psychological evaluation that has been performed within one |
| 3 | | year of the date of the filing of the petition; (3) an opinion |
| 4 | | as to whether guardianship is
needed, the type and scope of the |
| 5 | | guardianship needed, and the reasons
therefor; (4) a |
| 6 | | recommendation as to the most suitable living arrangement
and, |
| 7 | | where appropriate, treatment or habilitation plan for the |
| 8 | | respondent
and the reasons therefor; (5) the name, business |
| 9 | | address, business telephone number, and signatures of all |
| 10 | | persons who performed
the evaluations upon which the report is |
| 11 | | based, one of whom shall be
a licensed physician, or, if |
| 12 | | intellectual disability forms the basis of the petition for the |
| 13 | | appoint of a guardian, a licensed clinical psychologist, and a |
| 14 | | statement of the certification, license, or other
credentials |
| 15 | | that qualify the evaluators who prepared the report.
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| 16 | | (b) If for any reason no report accompanies the petition, |
| 17 | | the court
shall order appropriate evaluations to be performed |
| 18 | | by a qualified
person or persons and a report prepared and |
| 19 | | filed with the court at least
10 days prior to the hearing.
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| 20 | | (b-5) Upon oral or written motion by the respondent or the |
| 21 | | guardian ad
litem or upon the court's own motion, the court |
| 22 | | shall appoint one or more
independent experts to examine the |
| 23 | | respondent. Upon the filing with the
court of a verified |
| 24 | | statement of services rendered by the expert or
experts, the |
| 25 | | court shall determine a reasonable fee for the services
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| 26 | | performed. If the respondent is unable to pay the fee, the |
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| 1 | | court may
enter an order upon the petitioner to pay the entire |
| 2 | | fee or such
amount as
the respondent is unable to pay.
However, |
| 3 | | in cases where the Office of State Guardian is the petitioner,
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| 4 | | consistent with Section 30 of the Guardianship and Advocacy |
| 5 | | Act, no expert
services fees shall be assessed against the |
| 6 | | Office of the State Guardian. |
| 7 | | (c) Unless the court otherwise directs, any report prepared |
| 8 | | pursuant
to this Section shall not be made
part of the public |
| 9 | | record of the proceedings but shall be available to
the court |
| 10 | | or an appellate court in which the proceedings are subject to
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| 11 | | review, to the respondent, the petitioner, the guardian, and |
| 12 | | their
attorneys, to the
respondent's guardian ad litem, and to |
| 13 | | such other persons as the court
may direct.
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| 14 | | (Source: P.A. 98-1094, eff. 1-1-15.)".
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