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Public Act 097-1095
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| SB3594 Enrolled | LRB097 20173 JWD 65582 b |
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Probate Act of 1975 is amended by changing |
Section 11a-10 and the heading of Article XXVI, and by adding |
Section 26-3 as follows:
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(755 ILCS 5/11a-10) (from Ch. 110 1/2, par. 11a-10)
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Sec. 11a-10. Procedures preliminary to hearing.
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(a) Upon the filing of a petition pursuant to Section |
11a-8, the court shall
set a date and place for hearing to take |
place within 30 days. The court
shall appoint a guardian ad |
litem to report to the court concerning the
respondent's best |
interests consistent with the provisions of this Section,
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except that
the appointment of a guardian ad litem shall not be |
required when
the court determines that such appointment is not |
necessary for the protection
of the respondent or a reasonably |
informed decision on the petition.
If the guardian ad litem is |
not a licensed attorney, he or she shall be
qualified,
by
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training or experience, to work with or advocate for the |
developmentally
disabled, mentally ill, physically disabled, |
the elderly, or persons disabled
because of mental |
deterioration, depending on the type of disability that is
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alleged in the petition.
The court may allow the guardian ad |
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litem reasonable compensation. The
guardian ad litem may |
consult with a person who by training or experience is
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qualified to work with persons with a developmental disability, |
persons with
mental illness, or physically disabled persons, or |
persons disabled because of
mental deterioration, depending on |
the type of disability that is alleged.
The guardian ad litem |
shall personally observe the respondent prior to the
hearing |
and shall inform
him orally and in writing of the contents of |
the petition and of his rights
under Section 11a-11.
The |
guardian ad litem shall also attempt to elicit the respondent's |
position
concerning the adjudication of disability, the |
proposed guardian, a proposed
change in residential placement, |
changes in care that might result from the
guardianship, and |
other areas of inquiry deemed appropriate by the court.
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Notwithstanding any provision in the Mental Health and |
Developmental Disabilities Confidentiality Act or any other |
law, a guardian ad litem shall have the right to inspect and |
copy any medical or mental health record of the respondent |
which the guardian ad litem deems necessary, provided that the |
information so disclosed shall not be utilized for any other |
purpose nor be redisclosed except in connection with the |
proceedings. At or before the hearing, the guardian ad litem |
shall file a written report
detailing his or her observations |
of the respondent, the responses of the
respondent to any of |
the inquires detailed in this Section, the opinion of the
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guardian
ad litem or other professionals with whom the guardian |
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ad litem consulted
concerning the appropriateness of |
guardianship, and any other material issue
discovered by the |
guardian ad litem. The guardian ad litem shall appear at the
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hearing and testify as to any issues presented in his or her |
report.
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(b) The court (1) may appoint counsel for the respondent, |
if the court finds
that the interests of the respondent will be |
best served by the appointment,
and (2) shall appoint counsel |
upon respondent's request or if the respondent
takes a position |
adverse to that of the guardian ad litem. The respondent
shall |
be permitted to obtain the appointment of counsel either at the |
hearing
or by any written or oral request communicated to the |
court prior to the
hearing. The summons shall inform the |
respondent of this right to obtain
appointed counsel. The court |
may allow counsel for the respondent reasonable
compensation.
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(c) If the respondent is unable to pay the fee of the |
guardian ad litem or
appointed counsel, or both, the court may |
enter an order for
the petitioner to
pay all
such
fees or such |
amounts as the respondent or the respondent's estate may be |
unable
to pay.
However, in cases where the Office of State |
Guardian is the petitioner,
consistent with Section 30 of the |
Guardianship and Advocacy Act, where the public guardian is the |
petitioner, consistent with Section 13-5 of the Probate Act of |
1975,
where an elder abuse provider agency is the petitioner, |
pursuant to
Section 9 of the Elder Abuse and Neglect Act,
or |
where the Department of Human Services Office of Inspector |
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General is the petitioner, consistent with Section 45 of the |
Abuse of Adults with Disabilities Intervention Act, no guardian |
ad litem or legal fees shall be assessed against the Office of
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State Guardian, the public guardian, the elder abuse provider |
agency, or the Department of Human Services Office of Inspector |
General.
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(d) The hearing may be held at such convenient place as the |
court directs,
including at a facility in which the respondent |
resides.
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(e) Unless he is the petitioner, the respondent shall be |
personally
served with a copy of the petition and a summons not |
less than 14 days
before the hearing.
The summons shall be |
printed in large, bold type and shall include the
following |
notice:
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NOTICE OF RIGHTS OF RESPONDENT
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You have been named as a respondent in a guardianship |
petition asking that
you be declared a disabled person. If the |
court grants the petition, a
guardian will be appointed for |
you. A copy of the guardianship petition is
attached for your |
convenience.
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The date and time of the hearing are:
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The place where the hearing will occur is:
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The Judge's name and phone number is:
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If a guardian is appointed for you, the guardian may be |
given the right to
make all
important personal decisions for |
you, such as where you may live, what medical
treatment you may |
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receive, what places you may visit, and who may visit you. A
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guardian may also be given the right to control and manage your |
money and other
property, including your home, if you own one. |
You may lose the right to make
these decisions for yourself.
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You have the following legal rights:
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(1) You have the right to be present at the court |
hearing.
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(2) You have the right to be represented by a lawyer, |
either one that you
retain, or one appointed by the Judge.
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(3) You have the right to ask for a jury of six persons |
to hear your case.
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(4) You have the right to present evidence to the court |
and to confront
and
cross-examine witnesses.
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(5) You have the right to ask the Judge to appoint an |
independent expert
to examine you and give an opinion about |
your need for a guardian.
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(6) You have the right to ask that the court hearing be |
closed to the
public.
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(7) You have the right to tell the court whom you |
prefer to have for your
guardian.
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You do not have to attend the court hearing if you do not |
want to be there.
If you do not attend, the Judge may appoint a |
guardian if the Judge finds that
a guardian would be of benefit |
to you. The hearing will not be postponed or
canceled if you do |
not attend.
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IT IS VERY IMPORTANT THAT YOU ATTEND THE HEARING IF YOU DO |
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NOT WANT A
GUARDIAN OR IF YOU WANT SOMEONE OTHER THAN THE |
PERSON NAMED IN THE GUARDIANSHIP
PETITION TO BE YOUR GUARDIAN. |
IF YOU DO NOT WANT A GUARDIAN OF IF YOU HAVE ANY
OTHER |
PROBLEMS, YOU SHOULD CONTACT AN ATTORNEY OR COME TO COURT AND |
TELL THE
JUDGE.
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Service of summons and the petition may be made by a |
private person 18
years
of
age or over who is not a party to the |
action.
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(f) Notice of the time and place of the hearing shall be |
given by the
petitioner by mail or in person to those persons, |
including the proposed
guardian, whose names and addresses
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appear in the petition and who do not waive notice, not less |
than 14 days
before the hearing.
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(Source: P.A. 96-1052, eff. 7-14-10; 97-375, eff. 8-15-11.)
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(755 ILCS 5/Art. XXVI heading) |
ARTICLE XXVI
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APPEALS AND POST-JUDGMENT MOTIONS
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(755 ILCS 5/26-3 new) |
Sec. 26-3. Effect of post-judgment motions. Unless stayed |
by the court, an order adjudicating a person disabled and |
appointing a plenary, limited, or successor guardian pursuant |
to Section 11a-3, 11a-12, 11a-14, or 11a-15 of this Act shall |
not be suspended or the enforcement thereof stayed pending the |
filing and resolution of any post-judgment motion.
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