Bill Text: IL SB1051 | 2013-2014 | 98th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Probate Act of 1975. Makes a technical change to a Section concerning public administrators.
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Passed) 2014-08-26 - Public Act . . . . . . . . . 98-1094 [SB1051 Detail]
Download: Illinois-2013-SB1051-Amended.html
Bill Title: Amends the Probate Act of 1975. Makes a technical change to a Section concerning public administrators.
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Passed) 2014-08-26 - Public Act . . . . . . . . . 98-1094 [SB1051 Detail]
Download: Illinois-2013-SB1051-Amended.html
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1 | AMENDMENT TO SENATE BILL 1051
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2 | AMENDMENT NO. ______. Amend Senate Bill 1051 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Probate Act of 1975 is amended by changing | ||||||
5 | Sections 11a-9, 11a-11, and 11a-12 as follows:
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6 | (755 ILCS 5/11a-9) (from Ch. 110 1/2, par. 11a-9)
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7 | Sec. 11a-9.
Report.)
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8 | (a) The petition for adjudication of disability
and for | ||||||
9 | appointment of a guardian
should be accompanied by a report | ||||||
10 | which contains (1) a description of
the nature and type of the | ||||||
11 | respondent's disability and an assessment of how
the disability | ||||||
12 | impacts on the ability of the respondent to make decisions or
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13 | to function independently; (2) an analysis and results of | ||||||
14 | evaluations of
the respondent's mental and physical condition | ||||||
15 | and, where
appropriate, educational condition, adaptive | ||||||
16 | behavior and social skills,
which have been performed within 3 |
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1 | months of the date of the filing of the
petition; (3) an | ||||||
2 | opinion as to whether guardianship is
needed, the type and | ||||||
3 | scope of the guardianship needed, and the reasons
therefor; (4) | ||||||
4 | a recommendation as to the most suitable living arrangement
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5 | and, where appropriate, treatment or habilitation plan for the | ||||||
6 | respondent
and the reasons therefor; (5) the name, business | ||||||
7 | address, business telephone number, and the signatures of all | ||||||
8 | persons who performed
the evaluations upon which the report is | ||||||
9 | based, one of whom shall be
a licensed physician and a | ||||||
10 | statement of the certification, license, or other
credentials | ||||||
11 | that qualify the evaluators who prepared the report.
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12 | (b) If for any reason no report accompanies the petition, | ||||||
13 | the court
shall order appropriate evaluations to be performed | ||||||
14 | by a qualified
person or persons and a report prepared and | ||||||
15 | filed with the court at least
10 days prior to the hearing.
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16 | (b-5) Upon oral or written motion by the respondent or the | ||||||
17 | guardian ad
litem or upon the court's own motion, the court | ||||||
18 | shall appoint one or more
independent experts to examine the | ||||||
19 | respondent. Upon the filing with the
court of a verified | ||||||
20 | statement of services rendered by the expert or
experts, the | ||||||
21 | court shall determine a reasonable fee for the services
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22 | performed. If the respondent is unable to pay the fee, the | ||||||
23 | court may
enter an order upon the petitioner to pay the entire | ||||||
24 | fee or such
amount as
the respondent is unable to pay.
However, | ||||||
25 | in cases where the Office of State Guardian is the petitioner,
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26 | consistent with Section 30 of the Guardianship and Advocacy |
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1 | Act, no expert
services fees shall be assessed against the | ||||||
2 | Office of the State Guardian. | ||||||
3 | (c) Unless the court otherwise directs, any report prepared | ||||||
4 | pursuant
to this Section shall not be made
part of the public | ||||||
5 | record of the proceedings but shall be available to
the court | ||||||
6 | or an appellate court in which the proceedings are subject to
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7 | review, to the respondent, the petitioner, the guardian, and | ||||||
8 | their
attorneys, to the
respondent's guardian ad litem, and to | ||||||
9 | such other persons as the court
may direct.
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10 | (Source: P.A. 89-396, eff. 8-20-95.)
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11 | (755 ILCS 5/11a-11) (from Ch. 110 1/2, par. 11a-11)
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12 | Sec. 11a-11. Hearing.
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13 | (a) The respondent is entitled to be represented by | ||||||
14 | counsel, to demand a
jury of 6 persons, to present evidence, | ||||||
15 | and to confront and cross-examine all
witnesses. The hearing | ||||||
16 | may be closed to the public on request of the
respondent, the | ||||||
17 | guardian ad litem, or appointed or other counsel for the | ||||||
18 | respondent. Unless excused by the court
upon a showing that the | ||||||
19 | respondent refuses to be present or will suffer harm
if | ||||||
20 | required to attend, the respondent shall be present
at the | ||||||
21 | hearing.
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22 | (b) (Blank) .
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23 | (c) (Blank) Upon oral or written motion by the respondent | ||||||
24 | or the guardian ad
litem or on the court's own motion, the | ||||||
25 | court shall appoint one or more
independent experts to examine |
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1 | the respondent. Upon the filing with the
court of a verified | ||||||
2 | statement of services rendered by the expert or
experts, the | ||||||
3 | court shall determine a reasonable fee for the services
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4 | performed. If the respondent is unable to pay the fee, the | ||||||
5 | court may
enter an order upon the petitioner to pay the entire | ||||||
6 | fee or such
amount as
the respondent is unable to pay.
However, | ||||||
7 | in cases where the Office of State Guardian is the petitioner,
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8 | consistent with Section 30 of the Guardianship and Advocacy | ||||||
9 | Act, no expert
services fees shall be assessed against the | ||||||
10 | Office of the State Guardian .
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11 | (d) In an uncontested proceeding for the appointment of a | ||||||
12 | guardian the
person who prepared the report required by Section | ||||||
13 | 11a-9 will only be required
to testify at trial upon order of | ||||||
14 | court for cause shown.
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15 | (e) At the hearing the court shall inquire regarding: (1) | ||||||
16 | the nature
and extent of respondent's general intellectual and | ||||||
17 | physical
functioning; (2) the extent of the impairment of his | ||||||
18 | adaptive behavior
if he is a person with a developmental | ||||||
19 | disability, or the nature and severity
of his mental illness if | ||||||
20 | he is a person with mental illness; (3) the
understanding and | ||||||
21 | capacity of the respondent to make and communicate
responsible | ||||||
22 | decisions concerning his person; (4) the capacity of the | ||||||
23 | respondent
to manage his estate and his financial affairs; (5) | ||||||
24 | the appropriateness of
proposed and alternate living | ||||||
25 | arrangements; (6) the impact of the
disability upon the | ||||||
26 | respondent's functioning in the basic activities of daily
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1 | living and the important decisions faced by the respondent or | ||||||
2 | normally faced by
adult members of the respondent's community; | ||||||
3 | and (7) any other area of
inquiry deemed appropriate by the | ||||||
4 | court.
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5 | (f) An authenticated transcript of the evidence taken in a | ||||||
6 | judicial
proceeding concerning the respondent under the Mental | ||||||
7 | Health and Developmental
Disabilities Code is admissible in | ||||||
8 | evidence at the hearing.
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9 | (g) If the petition is for the appointment of a guardian | ||||||
10 | for a
disabled beneficiary of the Veterans Administration, a | ||||||
11 | certificate of
the Administrator of Veterans Affairs or his | ||||||
12 | representative stating that
the beneficiary has been | ||||||
13 | determined to be incompetent by the Veterans
Administration on | ||||||
14 | examination in accordance with the laws and
regulations | ||||||
15 | governing the Veterans Administration in effect upon the
date | ||||||
16 | of the issuance of the certificate and that the appointment of | ||||||
17 | a
guardian is a condition precedent to the payment of any money | ||||||
18 | due the
beneficiary by the Veterans Administration, is | ||||||
19 | admissible in evidence at the
hearing.
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20 | (Source: P.A. 88-32; 88-380; 88-670, eff. 12-2-94; 89-396, eff. | ||||||
21 | 8-20-95.)
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22 | (755 ILCS 5/11a-12) (from Ch. 110 1/2, par. 11a-12)
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23 | Sec. 11a-12. Order of appointment.) | ||||||
24 | (a) If basis for the
appointment of a guardian as specified | ||||||
25 | in Section 11a-3 is not found,
the court shall dismiss the |
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1 | petition.
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2 | (b) If the respondent is adjudged to be disabled and to | ||||||
3 | lack some but not all of the capacity as specified in Section | ||||||
4 | 11a-3, and if the court finds that
guardianship is necessary | ||||||
5 | for the protection of the disabled
person, his or her estate, | ||||||
6 | or both, the court shall appoint a
limited guardian for the | ||||||
7 | respondent's person or estate or both. The
court shall enter a | ||||||
8 | written order stating
the factual basis for its findings and | ||||||
9 | specifying the duties and powers of the guardian and the legal | ||||||
10 | disabilities to which the respondent is subject.
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11 | (c) If the respondent is adjudged to be disabled and to be | ||||||
12 | totally without capacity as specified in Section 11a-3, and if | ||||||
13 | the court finds
that limited guardianship will not provide | ||||||
14 | sufficient protection for the disabled person, his
or her | ||||||
15 | estate, or both, the court shall
appoint a plenary guardian for | ||||||
16 | the respondent's person or estate or both.
The court shall | ||||||
17 | enter a written order stating the factual basis
for its | ||||||
18 | findings.
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19 | (d) The selection of the guardian shall be in the | ||||||
20 | discretion
of the court, which shall give due consideration to | ||||||
21 | the preference of the
disabled person as to a guardian, as well | ||||||
22 | as the qualifications of the
proposed guardian, in making its | ||||||
23 | appointment. However, the paramount concern in the selection of | ||||||
24 | the guardian is the best interest and well-being of the | ||||||
25 | disabled person.
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26 | (Source: P.A. 97-1093, eff. 1-1-13.)".
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