Bill Text: IL SB1051 | 2013-2014 | 98th General Assembly | Chaptered
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-Chaptered.html
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Public Act 098-1094 | ||||
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Probate Act of 1975 is amended by changing | ||||
Sections 11a-9, 11a-11, and 11a-12 as follows:
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(755 ILCS 5/11a-9) (from Ch. 110 1/2, par. 11a-9)
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Sec. 11a-9.
Report.)
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(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
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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 | ||||
months 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
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and, where appropriate, treatment or habilitation plan for the | ||||
respondent
and the reasons therefor; (5) the name, business | ||||
address, business telephone number, and the signatures of all |
persons who performed
the evaluations upon which the report is | ||
based, one of whom shall be
a licensed physician and a | ||
statement of the certification, license, or other
credentials | ||
that qualify the evaluators who prepared the report.
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(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.
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(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
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performed. If the respondent is unable to pay the fee, the | ||
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,
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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
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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.
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(Source: P.A. 89-396, eff. 8-20-95.)
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(755 ILCS 5/11a-11) (from Ch. 110 1/2, par. 11a-11)
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Sec. 11a-11. Hearing.
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(a) The respondent is entitled to be represented by | ||
counsel, to demand a
jury of 6 persons, to present evidence, | ||
and to confront and cross-examine all
witnesses. The hearing | ||
may be closed to the public on request of the
respondent, the | ||
guardian ad litem, or appointed or other counsel for the | ||
respondent. Unless excused by the court
upon a showing that the | ||
respondent refuses to be present or will suffer harm
if | ||
required to attend, the respondent shall be present
at the | ||
hearing.
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(b) (Blank) .
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(c) (Blank) Upon oral or written motion by the respondent | ||
or the guardian ad
litem or on 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
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performed. If the respondent is unable to pay the fee, the | ||
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,
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consistent with Section 30 of the Guardianship and Advocacy | ||
Act, no expert
services fees shall be assessed against the | ||
Office of the State Guardian .
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(d) In an uncontested proceeding for the appointment of a | ||
guardian the
person who prepared the report required by Section | ||
11a-9 will only be required
to testify at trial upon order of | ||
court for cause shown.
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(e) At the hearing the court shall inquire regarding: (1) | ||
the nature
and extent of respondent's general intellectual and | ||
physical
functioning; (2) the extent of the impairment of his | ||
adaptive behavior
if he is a person with a developmental | ||
disability, or the nature and severity
of his mental illness if | ||
he is a person with mental illness; (3) the
understanding and | ||
capacity of the respondent to make and communicate
responsible | ||
decisions concerning his person; (4) the capacity of the | ||
respondent
to manage his estate and his financial affairs; (5) | ||
the appropriateness of
proposed and alternate living | ||
arrangements; (6) the impact of the
disability upon the | ||
respondent's functioning in the basic activities of daily
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living and the important decisions faced by the respondent or | ||
normally faced by
adult members of the respondent's community; | ||
and (7) any other area of
inquiry deemed appropriate by the | ||
court.
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(f) An authenticated transcript of the evidence taken in a | ||
judicial
proceeding concerning the respondent under the Mental | ||
Health and Developmental
Disabilities Code is admissible in |
evidence at the hearing.
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(g) If the petition is for the appointment of a guardian | ||
for a
disabled beneficiary of the Veterans Administration, a | ||
certificate of
the Administrator of Veterans Affairs or his | ||
representative stating that
the beneficiary has been | ||
determined to be incompetent by the Veterans
Administration on | ||
examination in accordance with the laws and
regulations | ||
governing the Veterans Administration in effect upon the
date | ||
of the issuance of the certificate and that the appointment of | ||
a
guardian is a condition precedent to the payment of any money | ||
due the
beneficiary by the Veterans Administration, is | ||
admissible in evidence at the
hearing.
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(Source: P.A. 88-32; 88-380; 88-670, eff. 12-2-94; 89-396, eff. | ||
8-20-95.)
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(755 ILCS 5/11a-12) (from Ch. 110 1/2, par. 11a-12)
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Sec. 11a-12. Order of appointment.) | ||
(a) If basis for the
appointment of a guardian as specified | ||
in Section 11a-3 is not found,
the court shall dismiss the | ||
petition.
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(b) If the respondent is adjudged to be disabled and to | ||
lack some but not all of the capacity as specified in Section | ||
11a-3, and if the court finds that
guardianship is necessary | ||
for the protection of the disabled
person, his or her estate, | ||
or both, the court shall appoint a
limited guardian for the | ||
respondent's person or estate or both. The
court shall enter a |
written order stating
the factual basis for its findings and | ||
specifying the duties and powers of the guardian and the legal | ||
disabilities to which the respondent is subject.
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(c) If the respondent is adjudged to be disabled and to be | ||
totally without capacity as specified in Section 11a-3, and if | ||
the court finds
that limited guardianship will not provide | ||
sufficient protection for the disabled person, his
or her | ||
estate, or both, the court shall
appoint a plenary guardian for | ||
the respondent's person or estate or both.
The court shall | ||
enter a written order stating the factual basis
for its | ||
findings.
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(d) The selection of the guardian shall be in the | ||
discretion
of the court, which shall give due consideration to | ||
the preference of the
disabled person as to a guardian, as well | ||
as the qualifications of the
proposed guardian, in making its | ||
appointment. However, the paramount concern in the selection of | ||
the guardian is the best interest and well-being of the | ||
disabled person.
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(Source: P.A. 97-1093, eff. 1-1-13.)
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