Bill Text: IL HB5269 | 2025-2026 | 104th General Assembly | Enrolled

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Bill Title: Amends the Guardianship and Advocacy Act. Changes references from the federal Developmental Disabilities Services and Facilities Construction Act to the federal Developmental Disabilities Assistance and Bill of Rights Act of 2000. Provides that a majority of members of the Guardianship and Advocacy Commission, excluding vacancies, (instead of 6 members of the Commission) constitute a quorum. In a provision concerning regional authorities making their findings and recommendations public, provides that it shall include in any such public statement any reply made by the State agency, service provider, or other person investigated, if requested by the provider. Amends the Mental Health and Developmental Disabilities Code. Makes changes to the definitions of "guardian" and "mental illness" and adds a definition of "under guardianship". Changes references from the Guardianship and Mental Health Advocacy Commission to the Guardianship and Advocacy Commission.

Sponsorship: Partisan Bill (Democrat 2)

Status: (Passed) 2026-07-31 - Public Act . . . . . . . . . 104-0698 [HB5269 Detail]

Download: Illinois-2025-HB5269-Enrolled.html

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AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Guardianship and Advocacy Act is amended by
changing Sections 2, 4, 5, and 26 as follows:
(20 ILCS 3955/2) (from Ch. 91 1/2, par. 702)
Sec. 2. As used in this Act, unless the context requires
otherwise:
(a) "Authority" means a Human Rights Authority.
(b) "Commission" means the Guardianship and Advocacy
Commission.
(c) "Director" means the Director of the Guardianship and
Advocacy Commission.
(d) "Guardian" means a court appointed guardian or
conservator.
(e) "Services" includes but is not limited to examination,
diagnosis, evaluation, treatment, care, training,
psychotherapy, pharmaceuticals, after-care, habilitation, and
rehabilitation provided for an eligible person.
(f) "Person" means an individual, corporation,
partnership, association, unincorporated organization, or a
government or any subdivision, agency, or instrumentality
thereof.

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(g) "Eligible persons" means individuals who have
received, are receiving, have requested, or may be in need of
mental health services, or are "persons with a "developmental
disability" as defined in the federal Developmental
Disabilities Assistance and Bill of Rights Act of 2000 (42
U.S.C. 15002(8)), Services and Facilities Construction Act
(Public Law 94-103, Title II), as now or as hereafter amended,
or "persons "with one or more disabilities" as defined in the
Rehabilitation of Persons with Disabilities Act.
(h) "Rights" includes but is not limited to all rights,
benefits, and privileges guaranteed by law, the Constitution
of the State of Illinois, and the Constitution of the United
States.
(i) "Legal Advocacy Service attorney" means an attorney
employed by or under contract with the Legal Advocacy Service.
(j) "Service provider" means any public or private
facility, center, hospital, clinic, program, or any other
person devoted in whole or in part to providing services to
eligible persons.
(k) "State Guardian" means the Office of State Guardian.
(l) "Ward" means a ward as defined by the Probate Act of
1975, as now or hereafter amended, who is at least 18 years of
age.
(Source: P.A. 99-143, eff. 7-27-15.)
(20 ILCS 3955/4) (from Ch. 91 1/2, par. 704)

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Sec. 4. (a) The Commission shall consist of 11 members,
one of whom shall be a senior citizen age 60 or over, who shall
be appointed by the Governor, taking into account the
requirements of State and federal statutes, with the advice
and consent of the Senate.
All appointments shall be filed with the Secretary of
State by the appointing authority.
(b) The terms of the original members shall be 3 one year
terms, 3 two year terms, and 3 three year terms, all terms to
continue until a successor is appointed and qualified. The
length of the terms of the original members shall be drawn by
lot of the first meeting held by the Commission. The members
first appointed under this amendatory Act of 1984 shall serve
for a term of 3 years. Thereafter all terms shall be for 3
years, with each member serving no more than 2 consecutive
terms. Vacancies in the membership are to be filled in the same
manner as original appointments. Appointments to fill
vacancies occurring before the expiration of a term are for
the remainder of the unexpired term. A member of the
Commission shall serve for a term ending on June 30 and until
his successor is appointed and qualified.
(c) The Commission shall annually elect a Chairman and any
other officers it deems necessary. The Commission shall meet
at least once every 3 months with the times and places of
meetings determined by the Chairman. Additional meetings may
be called by the Chairman upon written notice 7 days before the

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meeting or by written petition of 5 members to the Chairman. A
majority of the Six members of the Commission, excluding
vacancies, constitute a quorum.
(d) Members of the Commission are not entitled to
compensation but shall receive reimbursement for actual
expenses incurred in the performance of their duties.
(Source: P.A. 83-1538.)
(20 ILCS 3955/5) (from Ch. 91 1/2, par. 705)
Sec. 5. (a) The Commission shall establish throughout the
State such regions as it considers appropriate to effectuate
the purposes of the Authority under this Act, taking into
account the requirements of State and federal statutes;
population; civic, health and social service boundaries; and
other pertinent factors.
(b) The Commission shall act through its divisions as
provided in this Act.
(c) The Commission shall establish general policy
guidelines for the operation of the Legal Advocacy Service,
Human Rights Authority and State Guardian in furtherance of
this Act. Any action taken by a regional authority is subject
to the review and approval of the Commission. The Commission,
acting on a request from the Director, may disapprove any
action of a regional authority, in which case the regional
authority shall cease such action.
(d) The Commission shall hire a Director and staff to

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carry out the powers and duties of the Commission and its
divisions pursuant to this Act and the rules and regulations
promulgated by the Commission. All staff other than the
Director shall be subject to the Personnel Code.
(e) The Commission shall review and evaluate the
operations of the divisions.
(f) The Commission shall operate subject to the provisions
of the Illinois Procurement Code.
(g) The Commission shall prepare its budget.
(h) The Commission shall prepare an annual report on its
operations and submit the report to the Governor and the
General Assembly.
The requirement for reporting to the General Assembly
shall be satisfied by filing copies of the report as required
by Section 3.1 of the General Assembly Organization Act, and
filing such additional copies with the State Government Report
Distribution Center for the General Assembly as is required
under paragraph (t) of Section 7 of the State Library Act.
(i) The Commission shall establish rules and regulations
for the conduct of the work of its divisions, including rules
and regulations for the Legal Advocacy Service and the State
Guardian in evaluating an eligible person's or ward's
financial resources for the purpose of determining whether the
eligible person or ward has the ability to pay for legal or
guardianship services received. The determination of the
eligible person's financial ability to pay for legal services

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shall be based upon the number of dependents in the eligible
person's family unit and the income, liquid assets and
necessary expenses, as prescribed by rule of the Commission
of: (1) the eligible person; (2) the eligible person's spouse;
and (3) the parents of minor eligible persons. The
determination of a ward's ability to pay for guardianship
services shall be based upon the ward's estate. An eligible
person or ward found to have sufficient financial resources
shall be required to pay the Commission in accordance with
standards established by the Commission. No fees may be
charged for legal services given unless the eligible person is
given notice at the start of such services that such fees might
be charged. No fees may be charged for guardianship services
given unless the ward is given notice of the request for fees
filed with the probate court and the court approves the amount
of fees to be assessed. All fees collected shall be deposited
with the State Treasurer and placed in the Guardianship and
Advocacy Fund. The Commission shall establish rules and
regulations regarding the procedures of appeal for clients
prior to termination or suspension of legal services. Such
rules and regulations shall include, but not be limited to,
client notification procedures prior to the actual
termination, the scope of issues subject to appeal, and
procedures specifying when a final administrative decision is
made.
(j) The Commission shall take such actions as it deems

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necessary and appropriate to receive private, federal and
other public funds to help support the divisions and to
safeguard the rights of eligible persons. Private funds and
property may be accepted, held, maintained, administered and
disposed of by the Commission, as trustee, for such purposes
for the benefit of the People of the State of Illinois pursuant
to the terms of the instrument granting the funds or property
to the Commission.
(k) The Commission may expend funds under the State's plan
to protect and advocate the rights of persons with a
developmental disability established under the federal
Developmental Disabilities Assistance and Bill of Rights Act
of 2000 Services and Facilities Construction Act (Public Law
94-103, Title II). If the Governor designates the Commission
to be the organization or agency to provide the services
called for in the State plan, the Commission shall make these
protection and advocacy services available to persons with a
developmental disability by referral or by contracting for
these services to the extent practicable. If the Commission is
unable to so make available such protection and advocacy
services, it shall provide them through persons in its own
employ.
(l) The Commission shall, to the extent funds are
available, monitor issues concerning the rights of eligible
persons and the care and treatment provided to those persons,
including but not limited to the incidence of abuse or neglect

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of eligible persons. For purposes of that monitoring the
Commission shall have access to reports of suspected abuse or
neglect and information regarding the disposition of such
reports, subject to the provisions of the Mental Health and
Developmental Disabilities Confidentiality Act.
(Source: P.A. 100-1148, eff. 12-10-18.)
(20 ILCS 3955/26) (from Ch. 91 1/2, par. 726)
Sec. 26. Subject to the provisions of Section 19, a
regional authority may make public its findings and
recommendations. It shall include in any such public statement
any reply made by the State agency, service provider, or other
person investigated, if requested by the provider. The
provider or person shall have opportunity to review and object
to any proposed public findings and recommendations. If the
provider requests, the objections shall be included with
public findings and recommendations issued by the regional
authority in this matter.
(Source: P.A. 80-1416.)
Section 10. The Mental Health and Developmental
Disabilities Code is amended by changing Sections 1-110,
1-129, and 3-805 and by adding Section 1-128.5 as follows:
(405 ILCS 5/1-110) (from Ch. 91 1/2, par. 1-110)
Sec. 1-110. "Guardian" means the court-appointed court

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appointed guardian or conservator of the person.
(Source: P.A. 80-1414.)
(405 ILCS 5/1-128.5 new)
Sec. 1-128.5. Under guardianship. "Under guardianship", in
reference to a person or recipient, means an individual for
whom a guardian has been appointed.
(405 ILCS 5/1-129)
Sec. 1-129. Mental illness. "Mental illness" means a
mental, or emotional disorder that substantially impairs a
person's thought, perception of reality, emotional process,
judgment, behavior, or ability to cope with the ordinary
demands of life, but does not include a developmental
disability, a neurocognitive disorder dementia or Alzheimer's
disease absent psychosis, a substance use disorder, or an
abnormality manifested only by repeated criminal or otherwise
antisocial conduct.
(Source: P.A. 100-759, eff. 1-1-19.)
(405 ILCS 5/3-805) (from Ch. 91 1/2, par. 3-805)
Sec. 3-805. Every respondent alleged to be subject to
involuntary admission on an inpatient or outpatient basis
shall be represented by counsel. If the respondent is indigent
or an appearance has not been entered on his behalf at the time
the matter is set for hearing, the court shall appoint counsel

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for him. A hearing shall not proceed when a respondent is not
represented by counsel unless, after conferring with counsel,
the respondent requests to represent himself and the court is
satisfied that the respondent has the capacity to make an
informed waiver of his right to counsel. Counsel shall be
allowed time for adequate preparation and shall not be
prevented from conferring with the respondent at reasonable
times nor from making an investigation of the matters in issue
and presenting such relevant evidence as he believes is
necessary.
1. If the court determines that the respondent is unable
to obtain counsel, the court shall appoint as counsel an
attorney employed by or under contract with the Guardianship
and Mental Health Advocacy Commission, if available.
2. If an attorney from the Guardianship and Mental Health
Advocacy Commission is not available, the court shall appoint
as counsel the public defender or, only if no public defender
is available, an attorney licensed to practice law in this
State.
3. Upon filing with the court of a verified statement of
legal services rendered by the private attorney appointed
pursuant to paragraph (2) of this Section, the court shall
determine a reasonable fee for such services. If the
respondent is unable to pay the fee, the court shall enter an
order upon the county to pay the entire fee or such amount as
the respondent is unable to pay.

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(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.)