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91_HB4047eng HB4047 Engrossed LRB9111461STcs 1 AN ACT to amend the Elder Abuse and Neglect Act. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Elder Abuse and Neglect Act is amended by 5 adding Sections 9.5 and 13.5 as follows: 6 (320 ILCS 20/9.5 new) 7 Sec. 9.5. Commencement of action for ex parte 8 authorization orders; filing fees; process. 9 (a) Actions for ex parte authorization orders are 10 commenced: 11 (1) independently, by filing a petition for an ex 12 parte authorization order in the circuit court; 13 (2) in conjunction with other civil proceedings, by 14 filing a petition for an ex parte authorization order 15 under the same case number as a guardianship proceeding 16 under the Probate Act of 1975 where the eligible adult is 17 the alleged disabled adult. 18 (b) No fee shall be charged by the clerk for filing 19 petitions or certifying orders. No fee shall be charged by a 20 sheriff for service by the sheriff of a petition, rule, 21 motion, or order in an action commenced under this Section. 22 (c) Any action for an ex parte authorization order 23 commenced independently is a distinct cause of action and 24 requires that a separate summons be issued and served. 25 Service of summons is not required prior to entry of 26 emergency ex parte authorization orders. 27 (d) Summons may be served by a private person over 18 28 years of age and not a party to the action. The return by 29 that private person shall be by affidavit. The summons may be 30 served by a sheriff or other law enforcement officer, and if 31 summons is placed for service by the sheriff, it shall be HB4047 Engrossed -2- LRB9111461STcs 1 made at the earliest time practicable and shall take 2 precedence over other summonses except those of a similar 3 emergency nature. 4 (320 ILCS 20/13.5 new) 5 Sec. 13.5. Commencement of action for access; filing 6 fees; process; notice; duration of orders. 7 (a) Actions for orders seeking access to an eligible 8 adult or freezing assets of an eligible adult are commenced: 9 (1) independently, by filing a petition for access 10 to an eligible adult or freezing the assets of an 11 eligible adult in the circuit court; 12 (2) in conjunction with other civil proceedings, by 13 filing a petition for access to an eligible adult or 14 freezing the assets of an eligible adult under the same 15 case number as another civil proceeding involving the 16 parties, including, but not limited to: 17 (i) a guardianship proceeding under the Probate 18 Act of 1975; 19 (ii) a proceeding for involuntary commitment 20 under the Mental Health and Developmental 21 Disabilities Code; 22 (iii) any other proceeding, provided that the 23 eligible adult or the respondent is a party to or the subject 24 of that proceeding. 25 (b) No fee shall be charged by the clerk for filing 26 petitions or certifying orders. No fee shall be charged by a 27 sheriff for service by the sheriff of such a petition, rule, 28 motion, or order in an action commenced under this Section. 29 (c) Any action for an order for access to an eligible 30 adult or freezing assets of an eligible adult, whether 31 commenced independently or in conjunction with another 32 proceeding, is a distinct cause of action and requires that a 33 separate summons be issued and served, except that in pending HB4047 Engrossed -3- LRB9111461STcs 1 cases the following methods may be used: 2 (1) Delivery of the summons to respondent personally 3 in open court in pending civil or criminal cases. 4 (2) Mailing to the defendant, or, if represented, to 5 the defendant's attorney of record in the civil cases in 6 which the defendant has filed a general appearance. The 7 summons shall be in the form prescribed by subsection (d) 8 of Supreme Court Rule 101, except that it shall require 9 the respondent to answer or appear within 7 days. 10 Attachments to the summons or notice shall include the 11 petition for access to an eligible adult or freezing 12 assets of an eligible adult and supporting affidavits, if 13 any, and any emergency order for access to an eligible 14 adult or freezing assets of an eligible adult that has 15 been issued. 16 (d) Summons may be served by a private person over 18 17 years of age and not a party to the action. The return by 18 that private person shall be by affidavit. The summons may be 19 served by a sheriff or other law enforcement officer, and if 20 summons is placed for service by the sheriff, it shall be 21 made at the earliest time practicable and shall take 22 precedence over other summonses except those of a similar 23 emergency nature. 24 (e) Except as otherwise provided in this Section, notice 25 of hearings on petitions or motions shall be served in 26 accordance with Supreme Court Rules 11 and 12 unless notice 27 is excused by the Code of Civil Procedure, Supreme Court 28 Rules, or local rules, as now or hereafter amended. 29 (f) Original notice of a hearing on a petition for access 30 to an eligible adult or freezing assets of an eligible adult 31 may be given, and the documents served, in accordance with 32 Supreme Court Rules 11 and 12. When, however, an emergency 33 order is sought in such a case on an ex parte application, 34 the notice rules set forth in Section 11-101 of the Code of HB4047 Engrossed -4- LRB9111461STcs 1 Civil Procedure shall apply. 2 (g) An order entered in accordance with Sections 13 and 3 13.5 shall be valid for a fixed period of time, not to exceed 4 2 years. 5 Section 99. Effective date. This Act takes effect upon 6 becoming law.