Bill Text: IL HB0842 | 2021-2022 | 102nd General Assembly | Chaptered


Bill Title: Amends the Adult Guardianship Article of the Probate Act of 1975. Deletes language providing that 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. Provides instead that the allocation of guardian ad litem fees and costs is within the discretion of the court. Provides that no legal fees, appointed counsel fees, guardian ad litem fees, or costs shall be assessed against the Office of the State Guardian, the public guardian, an adult protective services agency, the Department of Children and Family Services, or the agency designated by the Governor under the Protection and Advocacy for Persons with Developmental Disabilities Act.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Passed) 2021-07-30 - Public Act . . . . . . . . . 102-0191 [HB0842 Detail]

Download: Illinois-2021-HB0842-Chaptered.html



Public Act 102-0191
HB0842 EnrolledLRB102 12539 LNS 17877 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Probate Act of 1975 is amended by changing
Section 11a-10 as follows:
(755 ILCS 5/11a-10) (from Ch. 110 1/2, par. 11a-10)
Sec. 11a-10. Procedures preliminary to hearing.
(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,
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 training or experience, to work with or advocate
for persons with developmental disabilities, the mentally ill,
persons with physical disabilities, the elderly, or persons
with a disability due to mental deterioration, depending on
the type of disability that is alleged in the petition. The
court may allow the guardian ad litem reasonable compensation.
The guardian ad litem may consult with a person who by training
or experience is qualified to work with persons with a
developmental disability, persons with mental illness, persons
with physical disabilities, or persons with a disability due
to 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.
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 inquiries detailed in this Section, the opinion of the
guardian ad litem or other professionals with whom the
guardian 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
hearing and testify as to any issues presented in his or her
report.
(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.
(c) The allocation of guardian ad litem fees and costs is
within the discretion of the court. No legal fees, appointed
counsel fees, guardian ad litem fees, or costs shall be
assessed against the Office of the State Guardian, the public
guardian, an adult protective services agency, the Department
of Children and Family Services, or the agency designated by
the Governor under Section 1 of the Protection and Advocacy
for Persons with Developmental Disabilities Act. 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 this Act, where an adult
protective services agency is the petitioner, pursuant to
Section 9 of the Adult Protective Services Act, or where the
Department of Children and Family Services is the petitioner
under subparagraph (d) of subsection (1) of Section 2-27 of
the Juvenile Court Act of 1987, no guardian ad litem or legal
fees shall be assessed against the Office of State Guardian,
the public guardian, the adult protective services agency, or
the Department of Children and Family Services.
(d) The hearing may be held at such convenient place as the
court directs, including at a facility in which the respondent
resides.
(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:
NOTICE OF RIGHTS OF RESPONDENT
You have been named as a respondent in a guardianship
petition asking that you be declared a person with a
disability. If the court grants the petition, a guardian will
be appointed for you. A copy of the guardianship petition is
attached for your convenience.
The date and time of the hearing are:
The place where the hearing will occur is:
The Judge's name and phone number is:
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
receive, what places you may visit, and who may visit you. A
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.
You have the following legal rights:
(1) You have the right to be present at the court
hearing.
(2) You have the right to be represented by a lawyer,
either one that you retain, or one appointed by the Judge.
(3) You have the right to ask for a jury of six persons
to hear your case.
(4) You have the right to present evidence to the
court and to confront and cross-examine witnesses.
(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.
(6) You have the right to ask that the court hearing be
closed to the public.
(7) You have the right to tell the court whom you
prefer to have for your guardian.
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. If you are unable to attend the hearing in person
or you will suffer harm if you attend, the Judge can decide to
hold the hearing at a place that is convenient. The Judge can
also follow the rule of the Supreme Court of this State, or its
local equivalent, and decide if a video conference is
appropriate.
IT IS VERY IMPORTANT THAT YOU ATTEND THE HEARING IF YOU DO
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 OR IF YOU HAVE ANY OTHER
PROBLEMS, YOU SHOULD CONTACT AN ATTORNEY OR COME TO COURT AND
TELL THE JUDGE.
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.
(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
appear in the petition and who do not waive notice, not less
than 14 days before the hearing.
(Source: P.A. 99-143, eff. 7-27-15; 99-642, eff. 7-28-16;
100-201, eff. 8-18-17; 100-427, eff. 1-1-18.)
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