Full Text of SB0209 96th General Assembly
SB0209 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB0209
Introduced 2/3/2009, by Sen. Heather Steans SYNOPSIS AS INTRODUCED: |
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405 ILCS 5/3-400 |
from Ch. 91 1/2, par. 3-400 |
755 ILCS 5/11a-17 |
from Ch. 110 1/2, par. 11a-17 |
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Amends the Mental Health and Developmental Disabilities Code and the Probate Act of 1975. Provides that a person who may be voluntarily admitted to a mental health facility includes a person adjudicated a disabled person. Provides for voluntary admission to a mental health facility if the facility director determines and documents in the recipient's medical record that the person (i) is clinically suitable for admission as a voluntary recipient and (ii) has the capacity to consent to voluntary admission (instead of if the director deems such person clinically suitable for admission as
a voluntary recipient). Sets forth factors to be considered in determining whether a person has the capacity to consent to voluntary admission. Provides that a guardian of the person may not admit a ward to a mental health facility except at the ward's request as provided in the Mental Health and Developmental Disabilities Code and unless the ward has the capacity to consent to such admission.
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A BILL FOR
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SB0209 |
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LRB096 03119 DRJ 13135 b |
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| AN ACT concerning health.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Mental Health and Developmental | 5 |
| Disabilities Code is amended by changing Section 3-400 as | 6 |
| follows:
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| (405 ILCS 5/3-400) (from Ch. 91 1/2, par. 3-400)
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| Sec. 3-400. Voluntary admission to mental health facility. | 9 |
| Any person 16 or older , including a person adjudicated a | 10 |
| disabled person, may be admitted to a mental health
facility as | 11 |
| a voluntary recipient for treatment of a mental illness upon | 12 |
| the
filing of an application with the facility director of the | 13 |
| facility if the
facility director determines and documents in | 14 |
| the recipient's medical record that the person (i) is | 15 |
| clinically suitable for admission as a voluntary recipient and | 16 |
| (ii) has the capacity to consent to voluntary admission. For | 17 |
| purposes of consenting to voluntary admission, a person has the | 18 |
| capacity to consent to voluntary admission if he or she | 19 |
| understands all of the following: | 20 |
| (1) She or he is being admitted to a mental health | 21 |
| facility. | 22 |
| (2) If he or she requests discharge from the facility | 23 |
| pursuant to Section 3-403, his or her request must be in |
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SB0209 |
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LRB096 03119 DRJ 13135 b |
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| writing. | 2 |
| (3) Following a written request for discharge from the | 3 |
| facility, his or her discharge is not automatic. | 4 |
| (4) Within 5 business days after receipt of the written | 5 |
| request for discharge from the facility, the facility must | 6 |
| either discharge the person or initiate commitment | 7 |
| proceedings against the person. | 8 |
| (5) If the person does not request discharge from the | 9 |
| facility, he or she may be confined for up to 30 days | 10 |
| pursuant to Section 3-404. deems such person clinically | 11 |
| suitable for admission as
a voluntary recipient.
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| (Source: P.A. 91-726, eff. 6-2-00.)
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| Section 10. The Probate Act of 1975 is amended by changing | 14 |
| Section 11a-17 as follows:
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| (755 ILCS 5/11a-17) (from Ch. 110 1/2, par. 11a-17)
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| Sec. 11a-17. Duties of personal guardian.
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| (a) To the extent ordered by the court and under the | 18 |
| direction of the
court, the guardian of the person shall have | 19 |
| custody of the ward and the
ward's minor and adult dependent | 20 |
| children and ; shall procure for them and shall
make provision | 21 |
| for their support, care, comfort, health, education and
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| maintenance, and professional services as are appropriate, but | 23 |
| the ward's
spouse may not be deprived of the custody and | 24 |
| education of the ward's minor
and adult dependent children, |
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| without the consent of the spouse, unless the
court finds that | 2 |
| the spouse is not a fit and competent person to have that
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| custody and education. The guardian shall assist the ward in | 4 |
| the
development of maximum self-reliance and independence. The | 5 |
| guardian of the
person may petition the court for an order | 6 |
| directing the guardian of the
estate to pay an amount | 7 |
| periodically for the provision of the services
specified by the | 8 |
| court order. If the ward's estate is insufficient to
provide | 9 |
| for education and the guardian of the ward's person fails to
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| provide education, the court may award the custody of the ward | 11 |
| to some
other person for the purpose of providing education. If | 12 |
| a person makes a
settlement upon or provision for the support | 13 |
| or education of a ward, the
court may make an order for the | 14 |
| visitation of the ward by the person making
the settlement or | 15 |
| provision as the court deems proper. A guardian of the person | 16 |
| may not admit a ward to a mental health facility except at the | 17 |
| ward's request as provided in Article IV of the Mental Health | 18 |
| and Developmental Disabilities Code and unless the ward has the | 19 |
| capacity to consent to such admission as provided in Article IV | 20 |
| of the Mental Health and Developmental Disabilities Code.
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| (a-5) If the ward filed a petition for dissolution of | 22 |
| marriage under the
Illinois
Marriage and Dissolution of | 23 |
| Marriage Act before the ward was adjudicated a
disabled
person | 24 |
| under this Article, the guardian of the ward's person and | 25 |
| estate may
maintain that
action for
dissolution of marriage on | 26 |
| behalf of the ward.
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| (b) If the court directs, the guardian of the person shall | 2 |
| file
with the court at intervals indicated by the court, a | 3 |
| report that
shall state briefly: (1) the current mental, | 4 |
| physical, and social
condition of the ward and the ward's minor | 5 |
| and adult dependent children; (2)
their present living | 6 |
| arrangement, and a description and the address of
every | 7 |
| residence where they lived during the reporting period and the | 8 |
| length
of stay at each place; (3) a summary of the medical, | 9 |
| educational,
vocational, and other professional services given | 10 |
| to them; (4) a resume of
the guardian's visits with and | 11 |
| activities on behalf of the ward and the ward's
minor and adult | 12 |
| dependent children; (5) a recommendation as to the need for
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| continued guardianship; (6) any other information requested by | 14 |
| the court or
useful in the opinion of the guardian. The Office | 15 |
| of the State Guardian
shall assist the guardian in filing the | 16 |
| report when requested by the
guardian. The court may take such | 17 |
| action as it deems appropriate pursuant
to the report.
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| (c) Absent court order pursuant to the Illinois Power of | 19 |
| Attorney Act
directing a guardian to exercise powers of the | 20 |
| principal under an agency
that survives disability, the | 21 |
| guardian has no power, duty, or liability
with respect to any | 22 |
| personal or health care matters covered by the agency.
This | 23 |
| subsection (c) applies to all agencies, whenever and wherever | 24 |
| executed.
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| (d) A guardian acting as a surrogate decision maker under | 26 |
| the Health
Care Surrogate Act shall have all the rights of a |
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| surrogate under that Act
without court order including the | 2 |
| right to make medical treatment decisions
such as decisions to | 3 |
| forgo or withdraw life-sustaining treatment.
Any decisions by | 4 |
| the guardian to forgo or withdraw life-sustaining treatment
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| that are not authorized under the Health Care Surrogate Act | 6 |
| shall require a
court order. Nothing in this Section shall | 7 |
| prevent an agent acting under a
power of attorney for health | 8 |
| care from exercising his or her authority under
the Illinois | 9 |
| Power of Attorney Act without further court order, unless a | 10 |
| court
has acted under Section 2-10 of the Illinois Power of | 11 |
| Attorney Act. If a
guardian is also a health care agent for the | 12 |
| ward under a valid power of
attorney for health care, the | 13 |
| guardian acting as agent may execute his or her
authority under | 14 |
| that act without further court order.
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| (e) Decisions made by a guardian on behalf of a ward shall | 16 |
| be made in
accordance with the following
standards for decision | 17 |
| making. Decisions made by a guardian on behalf of a ward
may be | 18 |
| made by conforming as closely as possible to what the ward, if
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| competent, would have done or intended under the circumstances, | 20 |
| taking into
account evidence that includes, but is not limited | 21 |
| to, the ward's personal,
philosophical, religious and moral | 22 |
| beliefs, and ethical values relative to the
decision to be made | 23 |
| by the guardian. Where possible, the guardian shall
determine | 24 |
| how the ward would have made a decision based on the ward's
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| previously expressed preferences, and make decisions in | 26 |
| accordance with the
preferences of the ward. If the ward's |
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| wishes are unknown and remain unknown
after reasonable efforts | 2 |
| to discern them, the decision shall be made on the
basis of the | 3 |
| ward's best interests as determined by the guardian. In
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| determining the ward's best interests, the guardian shall weigh | 5 |
| the reason for
and nature of the proposed action, the benefit | 6 |
| or necessity of the action, the
possible risks and other | 7 |
| consequences of the proposed action, and any available
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| alternatives and their risks, consequences and benefits, and | 9 |
| shall take into
account any other information, including the | 10 |
| views of family and friends, that
the guardian believes the | 11 |
| ward would have considered if able to act for herself
or | 12 |
| himself.
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| (f) Upon petition by any interested person (including the | 14 |
| standby or
short-term guardian), with such notice to interested | 15 |
| persons as the court
directs and a finding by the court that it | 16 |
| is in the best interest of the
disabled person, the court may | 17 |
| terminate or limit the authority of a standby or
short-term | 18 |
| guardian or may enter such other orders as the court deems | 19 |
| necessary
to provide for the best interest of the disabled | 20 |
| person. The petition
for termination or limitation of the | 21 |
| authority of a standby or short-term
guardian may, but need | 22 |
| not, be combined with a petition to have another
guardian | 23 |
| appointed for the disabled person.
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| (Source: P.A. 90-250, eff. 7-29-97; 90-796, eff. 12-15-98; | 25 |
| 91-139, eff. 1-1-00.)
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