Illinois General Assembly - Full Text of SB1051
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Full Text of SB1051  98th General Assembly

SB1051enr 98TH GENERAL ASSEMBLY



 


 
SB1051 EnrolledLRB098 07179 HEP 37240 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
5Sections 11a-9, 11a-11, and 11a-12 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 the 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 and a
3statement of the certification, license, or other credentials
4that qualify the evaluators who prepared the report.
5    (b) If for any reason no report accompanies the petition,
6the court shall order appropriate evaluations to be performed
7by a qualified person or persons and a report prepared and
8filed with the court at least 10 days prior to the hearing.
9    (b-5) Upon oral or written motion by the respondent or the
10guardian ad litem or upon the court's own motion, the court
11shall appoint one or more independent experts to examine the
12respondent. Upon the filing with the court of a verified
13statement of services rendered by the expert or experts, the
14court shall determine a reasonable fee for the services
15performed. If the respondent is unable to pay the fee, the
16court may enter an order upon the petitioner to pay the entire
17fee or such amount as the respondent is unable to pay. However,
18in cases where the Office of State Guardian is the petitioner,
19consistent with Section 30 of the Guardianship and Advocacy
20Act, no expert services fees shall be assessed against the
21Office of the State Guardian.
22    (c) Unless the court otherwise directs, any report prepared
23pursuant to this Section shall not be made part of the public
24record of the proceedings but shall be available to the court
25or an appellate court in which the proceedings are subject to
26review, to the respondent, the petitioner, the guardian, and

 

 

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1their attorneys, to the respondent's guardian ad litem, and to
2such other persons as the court may direct.
3(Source: P.A. 89-396, eff. 8-20-95.)
 
4    (755 ILCS 5/11a-11)  (from Ch. 110 1/2, par. 11a-11)
5    Sec. 11a-11. Hearing.
6    (a) The respondent is entitled to be represented by
7counsel, to demand a jury of 6 persons, to present evidence,
8and to confront and cross-examine all witnesses. The hearing
9may be closed to the public on request of the respondent, the
10guardian ad litem, or appointed or other counsel for the
11respondent. Unless excused by the court upon a showing that the
12respondent refuses to be present or will suffer harm if
13required to attend, the respondent shall be present at the
14hearing.
15    (b) (Blank).
16    (c) (Blank) Upon oral or written motion by the respondent
17or the guardian ad litem or on the court's own motion, the
18court shall appoint one or more independent experts to examine
19the respondent. Upon the filing with the court of a verified
20statement of services rendered by the expert or experts, the
21court shall determine a reasonable fee for the services
22performed. If the respondent is unable to pay the fee, the
23court may enter an order upon the petitioner to pay the entire
24fee or such amount as the respondent is unable to pay. However,
25in cases where the Office of State Guardian is the petitioner,

 

 

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1consistent with Section 30 of the Guardianship and Advocacy
2Act, no expert services fees shall be assessed against the
3Office of the State Guardian.
4    (d) In an uncontested proceeding for the appointment of a
5guardian the person who prepared the report required by Section
611a-9 will only be required to testify at trial upon order of
7court for cause shown.
8    (e) At the hearing the court shall inquire regarding: (1)
9the nature and extent of respondent's general intellectual and
10physical functioning; (2) the extent of the impairment of his
11adaptive behavior if he is a person with a developmental
12disability, or the nature and severity of his mental illness if
13he is a person with mental illness; (3) the understanding and
14capacity of the respondent to make and communicate responsible
15decisions concerning his person; (4) the capacity of the
16respondent to manage his estate and his financial affairs; (5)
17the appropriateness of proposed and alternate living
18arrangements; (6) the impact of the disability upon the
19respondent's functioning in the basic activities of daily
20living and the important decisions faced by the respondent or
21normally faced by adult members of the respondent's community;
22and (7) any other area of inquiry deemed appropriate by the
23court.
24    (f) An authenticated transcript of the evidence taken in a
25judicial proceeding concerning the respondent under the Mental
26Health and Developmental Disabilities Code is admissible in

 

 

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1evidence at the hearing.
2    (g) If the petition is for the appointment of a guardian
3for a disabled beneficiary of the Veterans Administration, a
4certificate of the Administrator of Veterans Affairs or his
5representative stating that the beneficiary has been
6determined to be incompetent by the Veterans Administration on
7examination in accordance with the laws and regulations
8governing the Veterans Administration in effect upon the date
9of the issuance of the certificate and that the appointment of
10a guardian is a condition precedent to the payment of any money
11due the beneficiary by the Veterans Administration, is
12admissible in evidence at the hearing.
13(Source: P.A. 88-32; 88-380; 88-670, eff. 12-2-94; 89-396, eff.
148-20-95.)
 
15    (755 ILCS 5/11a-12)  (from Ch. 110 1/2, par. 11a-12)
16    Sec. 11a-12. Order of appointment.)
17    (a) If basis for the appointment of a guardian as specified
18in Section 11a-3 is not found, the court shall dismiss the
19petition.
20    (b) If the respondent is adjudged to be disabled and to
21lack some but not all of the capacity as specified in Section
2211a-3, and if the court finds that guardianship is necessary
23for the protection of the disabled person, his or her estate,
24or both, the court shall appoint a limited guardian for the
25respondent's person or estate or both. The court shall enter a

 

 

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1written order stating the factual basis for its findings and
2specifying the duties and powers of the guardian and the legal
3disabilities to which the respondent is subject.
4    (c) If the respondent is adjudged to be disabled and to be
5totally without capacity as specified in Section 11a-3, and if
6the court finds that limited guardianship will not provide
7sufficient protection for the disabled person, his or her
8estate, or both, the court shall appoint a plenary guardian for
9the respondent's person or estate or both. The court shall
10enter a written order stating the factual basis for its
11findings.
12    (d) The selection of the guardian shall be in the
13discretion of the court, which shall give due consideration to
14the preference of the disabled person as to a guardian, as well
15as the qualifications of the proposed guardian, in making its
16appointment. However, the paramount concern in the selection of
17the guardian is the best interest and well-being of the
18disabled person.
19(Source: P.A. 97-1093, eff. 1-1-13.)