Bill Amendment: IL HB4050 | 2019-2020 | 101st General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: PROBATE-REPORT

Status: 2020-06-23 - House Committee Amendment No. 2 Rule 19(c) / Re-referred to Rules Committee [HB4050 Detail]

Download: Illinois-2019-HB4050-House_Amendment_001.html

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Rep. Daniel Didech

Filed: 2/4/2020

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AMENDMENT TO HOUSE BILL 4050
AMENDMENT NO. ______. Amend House Bill 4050 by replacing
everything after the enacting clause with the following:
"Section 5. The Probate Act of 1975 is amended by changing
Section 11a-9 as follows:
(755 ILCS 5/11a-9) (from Ch. 110 1/2, par. 11a-9)
Sec. 11a-9. Report.)
(a) The petition for adjudication of disability and for
appointment of a guardian should be accompanied by a report
which contains (1) a description of the nature and type of the
respondent's disability and an assessment of how the disability
impacts on the ability of the respondent to make decisions or
to function independently; (2) an analysis and results of
evaluations of the respondent's mental and physical condition
and, where appropriate, educational condition, adaptive
behavior and social skills, which have been performed within 3

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months of the date of the filing of the petition, or a
psychological evaluation that has been performed within one
year of the date of the filing of the petition; (3) an opinion
as to whether guardianship is needed, the type and scope of the
guardianship needed, and the reasons therefor; (4) a
recommendation as to the most suitable living arrangement and,
where appropriate, treatment or habilitation plan for the
respondent and the reasons therefor; (5) the name, business
address, business telephone number, and signatures of all
persons who performed the evaluations upon which the report is
based, one of whom shall be a licensed physician, or, if
intellectual disability forms the basis of the petition for the
appoint of a guardian, a licensed clinical psychologist, and a
statement of the certification, license, or other credentials
that qualify the evaluators who prepared the report.
(b) If for any reason no report accompanies the petition,
the court shall order appropriate evaluations to be performed
by a qualified person or persons and a report prepared and
filed with the court at least 10 days prior to the hearing.
(b-5) Upon oral or written motion by the respondent or the
guardian ad litem or upon the court's own motion, the court
shall appoint one or more independent experts to examine the
respondent. Upon the filing with the court of a verified
statement of services rendered by the expert or experts, the
court shall determine a reasonable fee for the services
performed. If the respondent is unable to pay the fee, the

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court may enter an order upon the petitioner to pay the entire
fee or such amount as the respondent is 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, no expert services fees shall be assessed against the
Office of the State Guardian.
(c) Unless the court otherwise directs, any report prepared
pursuant to this Section shall not be made part of the public
record of the proceedings but shall be available to the court
or an appellate court in which the proceedings are subject to
review, to the respondent, the petitioner, the guardian, and
their attorneys, to the respondent's guardian ad litem, and to
such other persons as the court may direct.
(Source: P.A. 98-1094, eff. 1-1-15.)".