Illinois General Assembly - Full Text of HB2593
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Full Text of HB2593  100th General Assembly




State of Illinois
2017 and 2018


Introduced , by Rep. Robert Martwick


755 ILCS 5/11a-9  from Ch. 110 1/2, par. 11a-9

    Amends the Guardians for Adults with Disabilities Article of the Probate Act of 1975. Provides that one of the persons who performed the evaluations upon which the report relating to the adjudication of disability is based shall be a licensed physician unless the evaluation and report are completed by a licensed clinical psychologist and the evaluation is limited to the respondent's mental condition.

LRB100 05961 HEP 15989 b





HB2593LRB100 05961 HEP 15989 b

1    AN ACT concerning civil law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Probate Act of 1975 is amended by changing
5Section 11a-9 as follows:
6    (755 ILCS 5/11a-9)  (from Ch. 110 1/2, par. 11a-9)
7    Sec. 11a-9. Report.)
8    (a) The petition for adjudication of disability and for
9appointment of a guardian should be accompanied by a report
10which contains (1) a description of the nature and type of the
11respondent's disability and an assessment of how the disability
12impacts on the ability of the respondent to make decisions or
13to function independently; (2) an analysis and results of
14evaluations of the respondent's mental and physical condition
15and, where appropriate, educational condition, adaptive
16behavior and social skills, which have been performed within 3
17months of the date of the filing of the petition; (3) an
18opinion as to whether guardianship is needed, the type and
19scope of the guardianship needed, and the reasons therefor; (4)
20a recommendation as to the most suitable living arrangement
21and, where appropriate, treatment or habilitation plan for the
22respondent and the reasons therefor; (5) the name, business
23address, business telephone number, and signatures of all



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1persons who performed the evaluations upon which the report is
2based, one of whom shall be a licensed physician unless the
3evaluation and report are completed by a licensed clinical
4psychologist and the evaluation is limited to the respondent's
5mental condition, and a statement of the certification,
6license, or other credentials that qualify the evaluators who
7prepared the report.
8    (b) If for any reason no report accompanies the petition,
9the court shall order appropriate evaluations to be performed
10by a qualified person or persons and a report prepared and
11filed with the court at least 10 days prior to the hearing.
12    (b-5) Upon oral or written motion by the respondent or the
13guardian ad litem or upon the court's own motion, the court
14shall appoint one or more independent experts to examine the
15respondent. Upon the filing with the court of a verified
16statement of services rendered by the expert or experts, the
17court shall determine a reasonable fee for the services
18performed. If the respondent is unable to pay the fee, the
19court may enter an order upon the petitioner to pay the entire
20fee or such amount as the respondent is unable to pay. However,
21in cases where the Office of State Guardian is the petitioner,
22consistent with Section 30 of the Guardianship and Advocacy
23Act, no expert services fees shall be assessed against the
24Office of the State Guardian.
25    (c) Unless the court otherwise directs, any report prepared
26pursuant to this Section shall not be made part of the public



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1record of the proceedings but shall be available to the court
2or an appellate court in which the proceedings are subject to
3review, to the respondent, the petitioner, the guardian, and
4their attorneys, to the respondent's guardian ad litem, and to
5such other persons as the court may direct.
6(Source: P.A. 98-1094, eff. 1-1-15.)