755 ILCS 5/11a-10
2021 Illinois Compiled Statutes|Chapter 755 - ESTATES|755 ILCS 5/ - Probate Act of 1975.|Article XIa - Guardians For Adults With Disabilities

 (from Ch. 110 1/2, par. 11a-10)(Text of Section from P.A. 100-427)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) 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 RESPONDENTYou 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.)(Text of Section from P.A. 102-72)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, including providing a copy of the notice of rights required under subsection (e).  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) 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 OF RIGHTS OF RESPONDENTYou 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.(8) You have the right to ask a judge to find that     although you lack some capacity to make your own decisions, you can make other decisions, and therefore it is best for the court to appoint only a limited guardian for you.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.  [END OF FORM]. (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. 102-72, eff. 1-1-22.)(Text of Section from P.A. 102-191)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.(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 RESPONDENTYou 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. 102-191, eff. 1-1-22.)