Guardianship and Advocacy Act (20 ILCS 3955/)

Chapter 20 — Executive Branch

Boards and Commissions

This text is maintained by the Legislative Reference Bureau for legislative drafting purposes and is NOT the official text of the Illinois Compiled Statutes; the only official copy is the printed copy maintained by the Secretary of State.

Sec. 1.

This Act shall be known and may be cited as the Guardianship and Advocacy Act.

(Source: P.A. 80-1487.)

Sec. 2.

(Text of Section from P.A. 99-143)

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.

(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 Services and Facilities Construction Act (Public Law 94-103, Title II), as now or hereafter amended, or "persons with 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.)

(Text of Section from P.A. 104-465)

Sec. 2. As used in this Act, unless the context requires otherwise:

"Advisory Council" means the Disability Advocacy and Guardianship Advisory Council created by Section 5-543 of the Civil Administrative Code of Illinois.

"Department" means the Department of Disability Advocacy and Guardianship.

"Director" means the Director of the Department.

"Guardian" means a court-appointed guardian for an adult.

"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.

"Person" means an individual, corporation, partnership, association, unincorporated organization, or a government or any subdivision, agency, or instrumentality thereof.

"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)), as now or hereafter amended, or persons "with one or more disabilities" as defined in the Rehabilitation of Persons with Disabilities Act.

"Regional board" means a regional board of the Division of Disability Rights and Protections.

"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.

"Legal Advocacy attorney" means an attorney employed by or under contract with the Division of Legal Advocacy.

"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.

"State Guardian" means the Division of State Guardian.

"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. 104-465, eff. 7-1-27.)

(Text of Section from P.A. 104-698)

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.

(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)), 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. 104-698, eff. 1-1-27.)

Sec. 3.

(Text of Section before amendment by P.A. 104-465)

Sec. 3. The Guardianship and Advocacy Commission is hereby created as an executive agency of state government. The Legal Advocacy Service, Human Rights Authority and the Office of State Guardian shall be established as divisions of the Commission.

(Source: P.A. 80-1487.)

(Text of Section after amendment by P.A. 104-465)

Sec. 3. The Department of Disability Advocacy and Guardianship is hereby created as an executive agency of state government. The Division of Legal Advocacy, the Division of Disability Rights and Protections, and the Division of State Guardian shall be established as divisions of the Department.

(Source: P.A. 104-465, eff. 7-1-27.)

Sec. 4.

(Text of Section from P.A. 83-1538)

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 meeting or by written petition of 5 members to the Chairman. Six members of the Commission 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.)

(Text of Section from P.A. 104-465)

Sec. 4. (a) The Advisory Council shall consist of 11 members appointed by the Governor, with the advice and consent of the Senate, taking into account the requirements of State and federal statutes. At least one member of the Advisory Council shall be a senior citizen age 60 or older. At least one member shall be a person with one or more disabilities or members of their families who receive services and support as required under Section 15 of the Persons with Disabilities on State Agency Boards Act. All appointments shall be filed with the Secretary of State by the appointing authority.

(b) The original members of the Advisory Council shall be the immediate former members of the Guardianship and Advocacy Commission serving an unexpired term on the Guardianship and Advocacy Commission on the day before the effective date of the changes made to this Section by this amendatory Act of the 104th General Assembly, who shall continue to serve out their immediate terms on the Advisory Council and may serve up to 2 full consecutive terms thereafter. Any terms as a member of the Guardianship and Advocacy Commission immediately preceding the creation of the Department shall be considered in determining term limits. The terms shall be 3 years beginning on July 1, with each member serving no more than 2 full consecutive terms. All terms shall continue until a successor is appointed. Appointments to fill vacancies occurring before the expiration of a term are for the remainder of the unexpired term.

(c) The Advisory Council shall annually elect a Chair and a Vice-Chair. The Advisory Council shall meet at least 3 times annually. A majority of the members of the Advisory Council, excluding vacancies, constitutes a quorum.

(d) Members of the Advisory Council are not entitled to compensation but shall receive reimbursement for actual expenses incurred in the performance of their duties.

(e) The Advisory Council shall advise and make recommendations to the Department for the development of policies and operations that will aid in carrying out the purposes of this Act.

(Source: P.A. 104-465, eff. 7-1-27.)

(Text of Section from P.A. 104-698)

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 meeting or by written petition of 5 members to the Chairman. A majority of the 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. 104-698, eff. 1-1-27.)

Sec. 5.

(Text of Section before amendment by P.A. 104-465 and P.A. 104-698)

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 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 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 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 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 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.)

(Text of Section after amendment by P.A. 104-698 and before P.A. 104-465)

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 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 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 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. 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 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. 104-698, eff. 1-1-27.)

(Text of Section after amendment by P.A. 104-465)

Sec. 5. (a) The Department shall establish throughout the State such regions as it considers appropriate to effectuate the purposes of the Division of Disability Rights and Protections 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 Department may act through its divisions as provided in this Act.

(c) The Department shall establish general policy guidelines for the operation of the Division of Legal Advocacy, the Division of Disability Rights and Protections, and the Division of State Guardian in furtherance of this Act. The policy guidelines shall ensure that each division makes decisions with an appropriate level of independence. Any action taken by a regional board is subject to the review and approval of the Director. The Director may disapprove any action of a regional board, in which case the regional board shall cease such action.

(d) The Director shall hire staff to carry out the powers and duties of the Department and its divisions pursuant to this Act and the rules and regulations promulgated by the Department. All staff, other than the Director, shall be subject to the Personnel Code.

(e) (Blank).

(f) The Department shall operate subject to the provisions of the Illinois Procurement Code.

(g) The Department shall prepare its budget.

(h) The Department 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 Department shall establish rules and regulations for the conduct of the work of its divisions, including rules and regulations for the Division of Legal Advocacy and the Division of 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 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 Department 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 Department in accordance with standards established by the Department. 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 Department 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 Department shall take such actions as it deems 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 Department, 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 Department.

(k) The Department 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. If the Governor designates the Department to be the organization or agency to provide the services called for in the State plan, the Department 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 Department is unable to so make available such protection and advocacy services, it shall provide them through persons in its own employ.

(l) The Department 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 of eligible persons. For purposes of that monitoring the Department 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. 104-465, eff. 7-1-27; 104-698, eff. 1-1-27.)

Sec. 6.

(Text of Section before amendment by P.A. 104-465)

Sec. 6. (a) The Commission may recommend to any State agency or service provider regulations or procedures for the purpose of safeguarding the rights of eligible persons. The State agency or service provider shall notify the Commission, within 60 days of the receipt of the recommendations, of the action taken thereon and the reason therefor. The Commission shall not make recommendations which interfere with the proper practice of medical or other professions.

(b) The Commission may recommend to the General Assembly legislation for the purpose of safeguarding the rights of eligible persons.

(c) The Commission may take any other action as may be reasonable to carry out the purposes of this Act.

(Source: P.A. 80-1487.)

(Text of Section after amendment by P.A. 104-465)

Sec. 6. (a) The Department may recommend to any State agency or service provider regulations or procedures for the purpose of safeguarding the rights of eligible persons. The State agency or service provider shall notify the Department, within 60 days of the receipt of the recommendations, of the action taken thereon and the reason therefor. The Department shall not make recommendations that interfere with the proper practice of medical or other professions.

(b) The Department may recommend to the General Assembly legislation for the purpose of safeguarding the rights of eligible persons.

(c) The Department may take any other action as may be reasonable to carry out the purposes of this Act.

(Source: P.A. 104-465, eff. 7-1-27.)

Sec. 7.

(Text of Section before amendment by P.A. 104-465)

Sec. 7. The Director shall carry out the policies and programs of the Commission and coordinate the activities of its divisions and may delegate to the Human Rights Authority Director any duties described in Sections 14, 15, and 16 of this Act.

(Source: P.A. 96-271, eff. 1-1-10.)

(Text of Section after amendment by P.A. 104-465)

Sec. 7. The Director shall:

(1) carry out the policies and programs of the Department;

(2) coordinate the activities of the divisions of the Department;

(3) organize and administer programs to provide legal counsel and representation for eligible persons to ensure that their legal rights are protected;

(4) examine and delineate the needs of eligible persons for legal counsel and representation and the resources necessary to meet those needs, subject to the approval of the Department; and

(5) institute or cause to be instituted legal proceedings as may be necessary to enforce and give effect to any of the duties or powers of the Department or its divisions.

(Source: P.A. 104-465, eff. 7-1-27.)

Sec. 8.

(Text of Section before amendment by P.A. 104-465)

Sec. 8. The Director shall:

(1) Organize and administer programs to provide legal counsel and representation for eligible persons so as to ensure that their legal rights are protected;

(2) Examine and delineate the needs of eligible persons for legal counsel and representation and the resources necessary to meet those needs, subject to the approval of the Commission; and

(3) Institute or cause to be instituted such legal proceedings as may be necessary to enforce and give effect to any of the duties or powers of the Commission or its divisions.

(Source: P.A. 80-1487.)

(Text of Section after amendment by P.A. 104-465)

Sec. 8. The Director may delegate to employees of the Department any of the duties described in Section 7 of this Act.

(Source: P.A. 104-465, eff. 7-1-27.)

Sec. 10.

(Text of Section before amendment by P.A. 104-465)

Sec. 10. The Legal Advocacy Service shall:

(1) Make available legal counsel to eligible persons in judicial proceedings arising out of the "Mental Health and Developmental Disabilities Code", enacted by the Eightieth General Assembly, as now or hereafter amended, including but not limited to admission, civil commitment, legal competency and discharge;

(2) Make available or provide legal counsel and representation to eligible persons to enforce rights or duties arising out of any mental health or related laws, local, State or federal.

(Source: P.A. 80-1487.)

(Text of Section after amendment by P.A. 104-465)

Sec. 10. The Division of Legal Advocacy shall:

(1) Make available legal counsel to eligible persons in judicial proceedings arising out of the Mental Health and Developmental Disabilities Code, enacted by the Eightieth General Assembly, as now or hereafter amended, including but not limited to admission, civil commitment, involuntary treatment, and discharge;

(2) Make available or provide legal counsel and representation to eligible persons to enforce rights or duties arising out of any mental health or related laws, local, State or federal.

(Source: P.A. 104-465, eff. 7-1-27.)

Sec. 11.

(Text of Section before amendment by P.A. 104-465)

Sec. 11. The Legal Advocacy Service shall make available counsel for eligible persons by referral or by contracting for legal services to the extent practicable. The Legal Advocacy Service shall make a good faith effort to assist eligible persons to engage private counsel, and to contact private counsel for eligible persons whose disabilities limit their capacity to independently contact private counsel. If the Legal Advocacy Service is unable to so make available counsel, it shall provide attorneys in its own employ. Taking into consideration the availability of private counsel in the eligible person's local area, the Commission shall establish, by rule, the standards and procedures by which it will attempt to assist eligible persons to engage private counsel.

(Source: P.A. 84-1358.)

(Text of Section after amendment by P.A. 104-465)

Sec. 11. The Division of Legal Advocacy shall make available counsel for eligible persons by referral or by contracting for legal services to the extent practicable. The Division of Legal Advocacy shall make a good faith effort to assist eligible persons to engage private counsel, and to contact private counsel for eligible persons whose disabilities limit their capacity to independently contact private counsel. If the Division of Legal Advocacy is unable to so make available counsel, it shall provide attorneys in its own employ. Taking into consideration the availability of private counsel in the eligible person's local area, the Department shall establish, by rule, the standards and procedures by which it will attempt to assist eligible persons to engage private counsel.

(Source: P.A. 104-465, eff. 7-1-27.)

Sec. 12.

(Text of Section before amendment by P.A. 104-465)

Sec. 12. A Legal Advocacy Service attorney shall:

(1) have ready access to view and copy all mental health records pertaining to his client, as provided in the "Mental Health and Developmental Disabilities Confidentiality Act", enacted by the Eightieth General Assembly, as now or hereafter amended, and such other records to which he is permitted access; and

(2) have the opportunity to consult with his client whenever necessary for the performance of his duties. Service providers shall provide adequate space and privacy for the purpose of attorney-client consultation. No attorney shall have the right to visit eligible persons or look at their records for the purpose of soliciting cases for representation.

(Source: P.A. 80-1487.)

(Text of Section after amendment by P.A. 104-465)

Sec. 12. A Legal Advocacy attorney shall:

(1) have ready access to view and copy all mental health records pertaining to his client and such other records to which he is permitted access; and

(2) have the opportunity to consult with his client whenever necessary for the performance of his duties. Service providers shall provide adequate space and privacy for the purpose of attorney-client consultation. No attorney shall have the right to visit eligible persons or look at their records for the purpose of soliciting cases for representation.

(Source: P.A. 104-465, eff. 7-1-27.)

Sec. 13.

(Text of Section before amendment by P.A. 104-465)

Sec. 13. Nothing in this Act shall be construed to prohibit an eligible person from being represented by privately retained counsel or from waiving his right to an attorney in proceedings under the "Mental Health and Developmental Disabilities Code", approved by the Eightieth General Assembly, as now or hereafter amended, or as otherwise provided by law. If a Legal Advocacy Service attorney has been appointed by a court and the eligible person secures his own counsel, the court shall discharge the Legal Advocacy Service attorney.

(Source: P.A. 80-1487.)

(Text of Section after amendment by P.A. 104-465)

Sec. 13. Nothing in this Act shall be construed to prohibit an eligible person from being represented by privately retained counsel or from waiving his right to an attorney in proceedings under the Mental Health and Developmental Disabilities Code, approved by the Eightieth General Assembly, as now or hereafter amended, or as otherwise provided by law. If a Legal Advocacy attorney has been appointed by a court and the eligible person secures his own counsel or is permitted to self-represent, the court shall discharge the Legal Advocacy attorney.

(Source: P.A. 104-465, eff. 7-1-27.)

Sec. 14.

(Text of Section before amendment by P.A. 104-465)

Sec. 14. Each regional authority shall consist of at least 7 members and no more than 9 members appointed by the Director, in accordance with this Section. Each regional authority shall include insofar as possible one professionally knowledgeable and broadly experienced employee or officer of a provider of each of the following services: mental health, developmental disabilities, and vocational rehabilitation. No other employee or officer of a service provider shall be appointed to a regional authority. In making appointments, the Director shall strive to ensure representation of minority groups and of eligible persons, and shall give due consideration to recommendations of persons and groups assisting eligible persons. The Director may remove for incompetence, neglect of duty, or malfeasance in office any member of a regional authority. All actions taken by the Director to appoint or remove members shall be reported to the Commission at the next scheduled Commission meeting.

Each regional authority shall annually elect a chairman and any other officers it deems necessary. Members of the regional authorities shall serve for a term of 3 years, except that the terms of the first appointees shall be as follows: 3 members serving for a 1 year term; 3 members serving for a 2 year term; and 3 members serving for a 3 year term. Assignment of terms of such first appointees shall be by lot. No member shall serve for more than 2 consecutive 3 year terms. A quorum shall consist of a majority of appointed members.

Vacancies in the regional authorities shall be filled in the same manner as original appointments.

Members of the regional authorities shall serve without compensation but shall be reimbursed for actual expenses incurred in the performance of their duties.

Each regional authority shall meet not less than once every 2 months. Meetings may also be held upon call of the Regional Chairman or upon written request of any 5 members of the regional authority.

(Source: P.A. 104-273, eff. 1-1-26.)

(Text of Section after amendment by P.A. 104-465)

Sec. 14. Each regional board shall consist of at least 7 members and no more than 9 members appointed by the Director, in accordance with this Section. Each regional board shall include insofar as possible one professionally knowledgeable and broadly experienced employee or officer of a provider of each of the following services: mental health, developmental disabilities, and vocational rehabilitation. No other employee or officer of a service provider shall be appointed to a regional board. In making appointments, the Director shall strive to ensure representation of minority groups and of eligible persons, and shall give due consideration to recommendations of persons and groups assisting eligible persons. The Director may remove for incompetence, neglect of duty, or malfeasance in office any member of a regional board. Each member of a regional board shall become a member of a regional board while retaining the existing end date of the member's current term. All terms shall be for 3 years, with each member serving no more than 2 consecutive terms, including terms as a member of a regional authority of the Guardianship and Advocacy Commission immediately preceding the creation of the Department. No member shall serve for more than 2 full consecutive 3-year terms. A quorum shall consist of a majority of appointed members, excluding vacancies.

Each regional board shall annually elect a Chair and any other officers it deems necessary.

Vacancies in the regional board shall be filled by the Director. Appointments to fill vacancies occurring before the expiration of a term are for the remainder of the unexpired term.

Members of the regional board shall serve without compensation but shall be reimbursed for actual expenses incurred in the performance of their duties.

Each regional board shall meet not less than once every 2 months. Meetings may also be held upon call of the Regional Chair or upon written request of a majority of the appointed members of the regional board, excluding vacancies.

(Source: P.A. 104-273, eff. 1-1-26; 104-465, eff. 7-1-27.)

Sec. 15.

(Text of Section before amendment by P.A. 104-465)

Sec. 15. A regional authority which receives a complaint alleging that the rights of an eligible person have been violated in the region in which the authority sits, shall conduct an investigation unless it determines that the complaint is frivolous or beyond the scope of its authority or competence, or unless the Director finds that a conflict of interest exists and directs another regional authority to conduct the investigation. The authority shall inform the complainant whether it will conduct an investigation, and if not, the reason therefor. The authority may advise a complainant as to other remedies which may be available. Reassignments of investigations for conflicts of interest and refusals to investigate shall be reviewed and approved by the Director and the Director may seek direction from the Commission.

(Source: P.A. 96-271, eff. 1-1-10.)

(Text of Section after amendment by P.A. 104-465)

Sec. 15. A regional board that receives a complaint alleging that the rights of an eligible person have been violated in the region in which the regional board sits, shall conduct an investigation unless it determines that the complaint is frivolous or beyond the scope of its authority or competence, or unless the Director finds that a conflict of interest exists and directs another regional board to conduct the investigation. The regional board shall inform the complainant of whether it will conduct an investigation, and if not, the reason therefor. The regional board may advise a complainant as to other remedies which may be available. Reassignments of investigations for conflicts of interest and refusals to investigate shall be reviewed and approved by the Director.

(Source: P.A. 104-465, eff. 7-1-27.)

Sec. 16.

(Text of Section before amendment by P.A. 104-465)

Sec. 16. A regional authority may conduct investigations upon its own initiative if it has reason to believe that the rights of an eligible person have been violated in the region in which the authority sits, unless the Director finds that a conflict of interest exists and directs another regional authority to conduct the investigation.

(Source: P.A. 96-271, eff. 1-1-10.)

(Text of Section after amendment by P.A. 104-465)

Sec. 16. A regional board may conduct investigations upon its own initiative if it has reason to believe that the rights of an eligible person have been violated in the region in which the regional board sits, unless the Director finds that a conflict of interest exists and directs another regional board to conduct the investigation.

(Source: P.A. 104-465, eff. 7-1-27.)

Sec. 17.

(Text of Section before amendment by P.A. 104-465)

Sec. 17. In the course of an investigation, a regional authority may enter and inspect the premises of a service provider or State agency and question privately any person therein within reasonable limits and in a reasonable manner. Whenever possible, prior notice shall be given the parties regarding the nature, location, and persons involved in a particular investigation.

(Source: P.A. 80-1416.)

(Text of Section after amendment by P.A. 104-465)

Sec. 17. In the course of an investigation, a regional board may enter and inspect the premises of a service provider or State agency and question privately any person therein within reasonable limits and in a reasonable manner. Whenever possible, prior notice shall be given the parties regarding the nature, location, and persons involved in a particular investigation.

(Source: P.A. 104-465, eff. 7-1-27.)

Sec. 18.

(Text of Section before amendment by P.A. 104-465)

Sec. 18. In the course of an investigation, a regional authority may inspect and copy any materials relevant to the investigation in the possession of a service provider or state agency. However, a regional authority may not inspect or copy materials containing personally identifiable data which can not be removed without imposing an unreasonable burden on the service provider or State agency, except as provided herein. The regional authority shall give written notice to the person entitled to give consent for the identifiable eligible person under Section 5 of the "Mental Health and Developmental Disabilities Confidentiality Act", enacted by the Eightieth General Assembly, as now or hereafter amended, or under any other relevant law, that it is conducting an investigation and indicating the nature and purpose of the investigation and the need to inspect and copy materials containing data that identifies the eligible person. If the person notified objects in writing to such inspection and copying, the regional authority may not inspect or copy such materials. The service provider or State agency may not object on behalf of an eligible person.

(Source: P.A. 80-1487.)

(Text of Section after amendment by P.A. 104-465)

Sec. 18. In the course of an investigation, a regional board may inspect and copy any materials relevant to the investigation in the possession of a service provider or state agency. However, a regional board may not inspect or copy materials containing personally identifiable data which cannot be removed without imposing an unreasonable burden on the service provider or State agency, except as provided herein. The regional board shall give written notice to the person entitled to give consent for the identifiable eligible person under Section 5 of the "Mental Health and Developmental Disabilities Confidentiality Act", enacted by the Eightieth General Assembly, as now or hereafter amended, or under any other relevant law, that it is conducting an investigation and indicating the nature and purpose of the investigation and the need to inspect and copy materials containing data that identifies the eligible person. If the person notified objects in writing to such inspection and copying, the regional board may not inspect or copy such materials. The service provider or State agency may not object on behalf of an eligible person.

(Source: P.A. 104-465, eff. 7-1-27.)

Sec. 19.

(Text of Section before amendment by P.A. 104-465)

Sec. 19. No regional authority may disclose to any person any materials which identify an eligible person unless the eligible person or legally authorized person consents to such disclosure, except if and to the extent that disclosure may be necessary for the appointment of a guardian for such eligible person.

(Source: P.A. 80-1487.)

(Text of Section after amendment by P.A. 104-465)

Sec. 19. No regional board may disclose to any person any materials which identify an eligible person unless the eligible person or legally authorized person consents to such disclosure, except if and to the extent that disclosure may be necessary for the appointment of a guardian for such eligible person.

(Source: P.A. 104-465, eff. 7-1-27.)

Sec. 20.

(Text of Section before amendment by P.A. 104-465)

Sec. 20. A regional authority may conduct hearings and compel by subpoena the attendance and testimony of such witnesses and the production of such materials as are necessary or desirable for its investigation.

(Source: P.A. 80-1487.)

(Text of Section after amendment by P.A. 104-465)

Sec. 20. A regional board may conduct hearings and compel by subpoena the attendance and testimony of such witnesses and the production of such materials as are necessary or desirable for its investigation.

(Source: P.A. 104-465, eff. 7-1-27.)

Sec. 21.

(Text of Section before amendment by P.A. 104-465)

Sec. 21. A regional authority may, subject to the provisions of the Open Meetings Act, conduct closed meetings and hearings when necessary to ensure confidentiality or to protect the rights of any eligible person or provider of services or other person. However, it shall make public a summary of business conducted during any such meeting or hearing. Such summary shall not contain personally identifiable data.

(Source: P.A. 96-271, eff. 1-1-10.)

(Text of Section after amendment by P.A. 104-465)

Sec. 21. A regional board may, subject to the provisions of the Open Meetings Act, conduct closed meetings and hearings when necessary to ensure confidentiality or to protect the rights of any eligible person or provider of services or other person. However, it shall make public a summary of business conducted during any such meeting or hearing. Such summary shall not contain personally identifiable data.

(Source: P.A. 104-465, eff. 7-1-27.)

Sec. 22.

(Text of Section before amendment by P.A. 104-465)

Sec. 22. During the course of an investigation, the regional authority shall periodically inform the complainant, or provider and any eligible person involved of the status of the investigation.

(Source: P.A. 80-1487.)

(Text of Section after amendment by P.A. 104-465)

Sec. 22. During the course of an investigation, the regional board shall periodically inform the complainant, or provider and any eligible person involved of the status of the investigation.

(Source: P.A. 104-465, eff. 7-1-27.)

Sec. 23.

(Text of Section before amendment by P.A. 104-465)

Sec. 23. If a regional authority finds that:

A. a matter should be further considered;

B. an act investigated should be modified or cancelled;

C. a statute or regulation should be altered;

D. reasons should be given for an act; or

E. any other action should be taken;

it shall report its recommendations to the State agency, service provider or other person investigated. Such person investigated shall notify the regional authority, within 30 days of the receipt of such recommendations, of the action taken thereon and the reason therefor.

(Source: P.A. 80-1416.)

(Text of Section after amendment by P.A. 104-465)

Sec. 23. If a regional board finds that:

A. a matter should be further considered;

B. an act investigated should be modified or cancelled;

C. a statute or regulation should be altered;

D. reasons should be given for an act; or

E. any other action should be taken;

it shall report its recommendations to the State agency, service provider or other person investigated. Such person investigated shall notify the regional board, within 30 days of the receipt of such recommendations, of the action taken thereon and the reason therefor.

(Source: P.A. 104-465, eff. 7-1-27.)

Sec. 24.

(Text of Section before amendment by P.A. 104-465)

Sec. 24. If a regional authority determines that further action is required, it may refer a matter to the Commission or another division thereof, any federal, State or local agency or other persons, as it may deem appropriate and as approved by the Director.

(Source: P.A. 96-271, eff. 1-1-10.)

(Text of Section after amendment by P.A. 104-465)

Sec. 24. If a regional board determines that further action is required, it may refer a matter to the Director or another division of the Department, and any federal, State, or local agency, or other persons, as it may deem appropriate and as approved by the Director.

(Source: P.A. 104-465, eff. 7-1-27.)

Sec. 25.

(Text of Section before amendment by P.A. 104-465)

Sec. 25. Within 10 days of the completion of its investigation, the regional authority shall inform the complainant and the eligible person involved of the outcome of its investigation and of any action taken thereon.

(Source: P.A. 80-1487.)

(Text of Section after amendment by P.A. 104-465)

Sec. 25. Within 10 days of the completion of its investigation, the regional board shall inform the complainant and the eligible person involved of the outcome of its investigation and of any action taken thereon.

(Source: P.A. 104-465, eff. 7-1-27.)

Sec. 26.

(Text of Section from P.A. 80-1416)

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. 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.)

(Text of Section from P.A. 104-465)

Sec. 26. Subject to the provisions of Section 19, a regional board 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 that has requested that the reply be so included. The State agency, service provider, or other person investigated shall have opportunity to review and object to any proposed public findings and recommendations. If the State agency, service provider, or other person investigated requests, the objections shall be included with public findings and recommendations issued by the regional board in the matter.

(Source: P.A. 104-465, eff. 7-1-27.)

(Text of Section from P.A. 104-698)

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. 104-698, eff. 1-1-27.)

Sec. 27.

(Text of Section before amendment by P.A. 104-465)

Sec. 27. A regional authority may, by acting through the Director, propose to the Commission legislation for the purpose of safeguarding the rights of eligible persons.

(Source: P.A. 96-271, eff. 1-1-10.)

(Text of Section after amendment by P.A. 104-465)

Sec. 27. A regional board may propose to the Department legislation for the purpose of safeguarding the rights of eligible persons.

(Source: P.A. 104-465, eff. 7-1-27.)

Sec. 28.

(Text of Section before amendment by P.A. 104-465)

Sec. 28. A regional authority may take such other action as may be reasonable and appropriate to carry out the purposes of this Act.

(Source: P.A. 80-1416.)

(Text of Section after amendment by P.A. 104-465)

Sec. 28. A regional board may take such other action as may be reasonable and appropriate to carry out the purposes of this Act.

(Source: P.A. 104-465, eff. 7-1-27.)

Sec. 29.

The procedures provided by Sections 15 through 28 are in addition to any other remedies which may be available to any party; and the failure to pursue or exhaust the procedures available herein or engage in the procedures available hereby shall not preclude the invocation of any remedy.

(Source: P.A. 80-1487.)

Sec. 30.

(Text of Section before amendment by P.A. 104-465)

Sec. 30. When appointed by the court pursuant to the "Probate Act of 1975", approved August 7, 1975, as now or hereafter amended, the State Guardian shall serve as guardian, either plenary or limited; temporary guardian; testamentary guardian; or successor guardian; of the person or the estate, or both, of a ward. If nomination is testamentary the State Guardian shall be notified in writing at the time of the death of the testator. The Office of State Guardian may file a petition for its own appointment, or for the appointment of any other person, if the State Guardian determines that the filing of the petition may avoid the need for State guardianship. In addition, the State Guardian may assist the court, as the court may request, in proceedings for the appointment of a guardian and in the supervision of persons and agencies which have been appointed as guardians.

(Source: P.A. 89-396, eff. 8-20-95.)

(Text of Section after amendment by P.A. 104-465)

Sec. 30. When appointed by the court pursuant to the Probate Act of 1975, as now or hereafter amended, the Division of State Guardian shall serve as guardian, either plenary or limited; temporary guardian; testamentary guardian; or successor guardian of the person or the estate, or both, of a ward. If nomination is testamentary the Division of State Guardian shall be notified in writing at the time of the death of the testator. The Division of State Guardian may file a petition for its own appointment, or for the appointment of any other person, if the Division of State Guardian determines that the filing of the petition may avoid the need for State guardianship. In addition, the Division of State Guardian may assist the court, as the court may request, in proceedings for the appointment of a guardian and in the supervision of persons and agencies which have been appointed as guardians.

(Source: P.A. 104-465, eff. 7-1-27.)

Sec. 31. Appointment; availability of State Guardian; available private guardian

(Text of Section before amendment by P.A. 104-465)

Sec. 31. Appointment; availability of State Guardian; available private guardian. The State Guardian shall not be appointed if another suitable person is available and willing to accept the guardianship appointment. In all cases where a court appoints the State Guardian, the court shall indicate in the order appointing the guardian as a finding of fact that no other suitable and willing person could be found to accept the guardianship appointment. On and after the effective date of this amendatory Act of the 97th General Assembly, the court shall also indicate in the order, as a finding of fact, the reasons that the State Guardian appointment, rather than the appointment of another interested party, is required. This requirement shall be waived where the Office of State Guardian petitions for its own appointment as guardian.

(Source: P.A. 97-1093, eff. 1-1-13.)

(Text of Section after amendment by P.A. 104-465)

Sec. 31. Appointment; availability of Division of State Guardian; available private guardian.

(a) The Division of State Guardian shall not be appointed if another suitable person is available and willing to accept the guardianship appointment. In all cases where a court appoints the Division of State Guardian, the court shall indicate in the order appointing the guardian as a finding of fact that no other suitable and willing person could be found to accept the guardianship appointment. On and after the effective date of the amendatory Act of the 97th General Assembly, the court shall also indicate in the order, as a finding of fact, the reasons that the Division of State Guardian appointment, rather than the appointment of another interested party, is required. This requirement shall be waived where the Division of State Guardian petitions for its own appointment as guardian.

(b) In all cases in which the Division of State Guardian has been appointed to prior to or after the effective date of the changes made to this Section by this amendatory Act of the 104th General Assembly, the Division of State Guardian shall be recognized as a division of the Department. Any reference in law, regulation, order, or appointment to the State Guardian or Office of State Guardian as a division of the Guardianship and Advocacy Commission shall be deemed to refer to the State Guardian as a division of the Department of Disability Advocacy and Guardianship. This subsection applies retroactively and prospectively to all appointments, actions, and proceedings involving the State Guardian or its wards.

(Source: P.A. 104-465, eff. 7-1-27.)

Sec. 32.

(Text of Section before amendment by P.A. 104-465)

Sec. 32. The State Guardian shall have the same powers and duties as a private guardian as provided in Article XIa of the Probate Act of 1975, approved August 7, 1975. The State Guardian shall not provide direct residential services to its wards. The State Guardian shall visit and consult with its wards at least four times a year for as long as the guardianship continues.

(Source: P.A. 80-1416.)

(Text of Section after amendment by P.A. 104-465)

Sec. 32. The Division of State Guardian shall have the same powers and duties as a private guardian as provided in Article XIa of the Probate Act of 1975. The State Guardian shall not provide direct residential services to its wards. The State Guardian shall visit and consult with its wards at least four times a year for as long as the guardianship continues.

(Source: P.A. 104-465, eff. 7-1-27.)

Sec. 33.

The State Guardian may offer guidance and advice, without court appointment as guardian, to persons who request such assistance or to those on whose behalf such assistance is requested for the purpose of encouraging maximum self-reliance and independence of such persons and avoiding the need for appointment of a guardian.

(Source: P.A. 80-1416.)

Sec. 33.5. Guardianship training program

(Text of Section before amendment by P.A. 104-465)

Sec. 33.5. Guardianship training program. The State Guardian shall provide a training program that outlines the duties and responsibilities of guardians appointed under Article XIa of the Probate Act of 1975. The training program shall be offered to courts at no cost, and shall outline the responsibilities of a guardian and the rights of a person under guardianship. The training program shall have 2 components: one for guardians of the person and another for guardians of the estate. The State Guardian shall determine the content of the training. The component for guardians of the person shall include content regarding Alzheimer's disease and dementia, including, but not limited to, the following topics: effective communication strategies; best practices for interacting with people living with Alzheimer's disease or related forms of dementia; and strategies for supporting people living with Alzheimer's disease or related forms of dementia in exercising their rights. In developing the training program content, the State Guardian shall consult with the courts, State and national guardianship organizations, public guardians, advocacy organizations, and persons and family members with direct experience with adult guardianship. In the preparation and dissemination of training materials, the State Guardian shall give due consideration to making the training materials accessible to persons with disabilities.

(Source: P.A. 103-64, eff. 1-1-24; 104-237, eff. 1-1-26.)

(Text of Section after amendment by P.A. 104-465)

Sec. 33.5. Guardianship training program. The State Guardian shall provide a training program that outlines the duties and responsibilities of guardians appointed under Article XIa of the Probate Act of 1975. The training program shall be offered to courts at no cost, and shall outline the duties of a guardian and the rights of a person under guardianship. The training program shall have 2 components: one for guardians of the person and another for guardians of the estate. The State Guardian shall determine the content of the training. The component for guardians of the person shall include content regarding Alzheimer's disease and dementia, including, but not limited to, the following topics: effective communication strategies; best practices for interacting with people living with Alzheimer's disease or related forms of dementia; and strategies for supporting people living with Alzheimer's disease or related forms of dementia in exercising their rights. In developing the training program content, the State Guardian shall consult with the courts, State and national guardianship organizations, public guardians, advocacy organizations, and persons and family members with direct experience with adult guardianship. In the preparation and dissemination of training materials, the State Guardian shall give due consideration to making the training materials accessible to persons with disabilities.

(Source: P.A. 103-64, eff. 1-1-24; 104-237, eff. 1-1-26; 104-465, eff. 7-1-27.)

Sec. 34.

(Text of Section before amendment by P.A. 104-465)

Sec. 34. A person, who in good faith, files a complaint or provides information to the Commission or any division thereof, including private citizens and employees of service providers, shall not be subject to any penalties, sanctions, or restrictions as a consequence of filing the complaint or providing the information.

(Source: P.A. 80-1416.)

(Text of Section after amendment by P.A. 104-465)

Sec. 34. A person, including a private citizen or employee of a service provider, who, in good faith, files a complaint with or provides information to the Department or any of its divisions shall not be subject to any penalties, sanctions, or restrictions as a consequence of filing the complaint or providing the information.

(Source: P.A. 104-465, eff. 7-1-27.)

Sec. 35.

(Section scheduled to be repealed on July 1, 2027)

Sec. 35. The annual appropriation for the Commission shall not exceed 1% of the total annual appropriation from the General Revenue Fund to the Department of Human Services for its ordinary and contingent expenses relating to mental health and developmental disabilities.

(Source: P.A. 89-507, eff. 7-1-97. Repealed by P.A. 104-465, eff. 7-1-27.)

Sec. 35.5. Applicability to employee status

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 35.5. Applicability to employee status. Nothing in this amendatory Act of the 104th General Assembly affects or otherwise changes the status and rights of any employees of the Guardianship and Advocacy Commission who are covered under the Personnel Code, the Illinois Public Labor Relations Act, an applicable collective bargaining agreement, or a pension, retirement, or annuity plan.

(Source: P.A. 104-465, eff. 7-1-27.)

Sec. 36.

(Text of Section before amendment by P.A. 104-465)

Sec. 36. Rules and regulations adopted by the Commission pursuant to authority granted under this Act shall be subject to the provisions of the Illinois Administrative Procedure Act.

(Source: P.A. 84-1358.)

(Text of Section after amendment by P.A. 104-465)

Sec. 36. Rules and regulations adopted by the Department pursuant to authority granted under this Act shall be subject to the provisions of the Illinois Administrative Procedure Act.

(Source: P.A. 104-465, eff. 7-1-27.)