IL HB0842

Court shall appoint a guardian ad litem to report on the respondent's best interests in guardianship petitions, except when the court determines such appointment is unnecessary for respondent protection or informed decision-making.

Guardian ad litem must be a licensed attorney or qualified by training/experience to work with persons with developmental disabilities, mental illness, physical disabilities, or elderly persons depending on the alleged disability type.

Guardian ad litem shall personally observe the respondent before the hearing, inform them of petition contents and rights, attempt to learn their position on guardianship and residential placement, and file a written report with observations and professional opinions before testifying at the hearing.

Court has discretion to allocate guardian ad litem fees and costs, and no such fees shall be assessed against the Office of the State Guardian, public guardian, adult protective services agencies, Department of Children and Family Services, or the designated protection and advocacy agency.

Respondent must be personally served with petition and summons at least 14 days before hearing and has the right to be present, be represented by counsel, request a jury, present evidence, confront witnesses, request an independent expert examination, request a closed hearing, and express guardian preference.