Illinois Compiled Statutes 20 ILCS 3955 — Guardianship and Advocacy Act.

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

This Act shall be known and may be cited as the Guardianship and Advocacy Act. (Source: P.A. 80-1487.)

As used in this Act, unless the context requires otherwise: (a) "Authority" means a Human Rights Authority

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)…

(Text of Section before amendment by P

(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…

(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…

(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 C…

(Text of Section before amendment by P

(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…

(Text of Section before amendment by P

(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, ef…

(Text of Section before amendment by P

(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 repres…

(Text of Section before amendment by P

(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, inclu…

(Text of Section before amendment by P

(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 coun…

(Text of Section before amendment by P

(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…

(Text of Section before amendment by P

(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 Ei…

(Text of Section before amendment by P

(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 experience…

(Text of Section before amendment by P

(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…

(Text of Section before amendment by P

(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…

(Text of Section before amendment by P

(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 shal…

(Text of Section before amendment by P

(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 persona…

(Text of Section before amendment by P

(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 appointme…

(Text of Section before amendment by P

(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 b…

(Text of Section before amendment by P

(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 sha…

(Text of Section before amendment by P

(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)…

(Text of Section before amendment by P

(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…

(Text of Section before amendment by P

(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…

(Text of Section before amendment by P

(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 amen…

Subject to the provisions of Section 19, a regional authority may make public its findings and recommendations

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 prop…