HB 4463

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Full Text of HB4463
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	HB4463 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4463
Introduced 1/20/2026, by Rep. Jennifer Gong-Gershowitz
SYNOPSIS AS INTRODUCED:
755 ILCS 5/11a-10	  from Ch. 110 1/2, par. 11a-10
Amends the Probate Act of 1975. Authorizes a petitioner, cross-petitioner, or respondent to request a one-time substitution of a guardian ad litem that must be granted if the motion to do so was made at any time before the guardian ad litem files an appearance or at the first court appearance, whichever is later.
LRB104 17334 JRC 30758 b
A BILL FOR
		HB4463		LRB104 17334 JRC 30758 b
1    AN ACT concerning civil law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Probate Act of 1975 is amended by changing
5Section 11a-10 as follows:
6    (755 ILCS 5/11a-10)  (from Ch. 110 1/2, par. 11a-10)
7    Sec. 11a-10. Procedures preliminary to hearing.
8    (a) Upon the filing of a petition pursuant to Section
911a-8, the court shall set a date and place for hearing to take
10place within 30 days. The court shall appoint a guardian ad
11litem to report to the court concerning the respondent's best
12interests consistent with the provisions of this Section,
13except that the appointment of a guardian ad litem shall not be
14required when the court determines that such appointment is
15not necessary for the protection of the respondent or a
16reasonably informed decision on the petition. If the guardian
17ad litem is not a licensed attorney, he or she shall be
18qualified, by training or experience, to work with or advocate
19for persons with developmental disabilities, the mentally ill,
20persons with physical disabilities, the elderly, or persons
21with a disability due to mental deterioration, depending on
22the type of disability that is alleged in the petition. The 
23petitioner, cross-petitioner, or respondent is entitled to one 
		HB4463	- 2 -	LRB104 17334 JRC 30758 b
1substitution of guardian ad litem without cause as a matter of 
2right. An application for substitution of guardian ad litem 
3may be made by oral or written motion and must be granted if 
4the motion is made at any time before the guardian ad litem 
5files an appearance or at the first court appearance after the 
6guardian ad litem is appointed, whichever is later. The court
7may allow the guardian ad litem reasonable compensation. The
8guardian ad litem may consult with a person who by training or
9experience is qualified to work with persons with a
10developmental disability, persons with mental illness, persons
11with physical disabilities, or persons with a disability due
12to mental deterioration, depending on the type of disability
13that is alleged. The guardian ad litem shall personally
14observe the respondent prior to the hearing and shall inform
15him orally and in writing of the contents of the petition and
16of his rights, including providing a copy of the notice of
17rights required under subsection (e). The guardian ad litem
18shall also attempt to elicit the respondent's position
19concerning the adjudication of disability, the proposed
20guardian, a proposed change in residential placement, changes
21in care that might result from the guardianship, and other
22areas of inquiry deemed appropriate by the court.
23Notwithstanding any provision in the Mental Health and
24Developmental Disabilities Confidentiality Act or any other
25law, a guardian ad litem shall have the right to inspect and
26copy any medical or mental health record of the respondent
		HB4463	- 3 -	LRB104 17334 JRC 30758 b
1which the guardian ad litem deems necessary, provided that the
2information so disclosed shall not be utilized for any other
3purpose nor be redisclosed except in connection with the
4proceedings. At or before the hearing, the guardian ad litem
5shall file a written report detailing his or her observations
6of the respondent, the responses of the respondent to any of
7the inquiries detailed in this Section, the opinion of the
8guardian ad litem or other professionals with whom the
9guardian ad litem consulted concerning the appropriateness of
10guardianship, and any other material issue discovered by the
11guardian ad litem. The guardian ad litem shall appear at the
12hearing and testify as to any issues presented in his or her
13report.
14    (b) The court (1) may appoint counsel for the respondent,
15if the court finds that the interests of the respondent will be
16best served by the appointment, and (2) shall appoint counsel
17upon the respondent's request or if the respondent takes a
18position adverse to that of the guardian ad litem. The
19respondent shall be permitted to obtain the appointment of
20counsel either at the hearing or by any written or oral request
21communicated to the court prior to the hearing. The summons
22shall inform the respondent of this right to obtain appointed
23counsel. The court may allow counsel for the respondent
24reasonable compensation.
25    (c) The allocation of guardian ad litem fees and costs is
26within the discretion of the court. No legal fees, appointed
		HB4463	- 4 -	LRB104 17334 JRC 30758 b
1counsel fees, guardian ad litem fees, or costs shall be
2assessed against the Office of the State Guardian, the public
3guardian, an adult protective services agency, the Department
4of Children and Family Services, or the agency designated by
5the Governor under Section 1 of the Protection and Advocacy
6for Persons with Developmental Disabilities Act.
7    (d) The hearing may be held at such convenient place as the
8court directs, including at a facility in which the respondent
9resides.
10    (e) Unless he is the petitioner, the respondent shall be
11personally served with a copy of the petition and a summons not
12less than 14 days before the hearing. The summons shall be
13printed in large, bold type and shall include the following:
14NOTICE OF RIGHTS OF RESPONDENT
15    You have been named as a respondent in a guardianship
16petition asking that you be declared a person with a
17disability. If the court grants the petition, a guardian will
18be appointed for you. A copy of the guardianship petition is
19attached for your convenience.
20The date and time of the hearing are:
21The place where the hearing will occur is:
22The Judge's name and phone number is:
23    If a guardian is appointed for you, the guardian may be
24given the right to make all important personal decisions for
25you, such as where you may live, what medical treatment you may
26receive, what places you may visit, and who may visit you. A
		HB4463	- 5 -	LRB104 17334 JRC 30758 b
1guardian may also be given the right to control and manage your
2money and other property, including your home, if you own one.
3You may lose the right to make these decisions for yourself.
4    You have the following legal rights:
5        (1) You have the right to be present at the court
6    hearing.
7        (2) You have the right to be represented by a lawyer,
8    either one that you retain, or one appointed by the Judge.
9        (3) You have the right to ask for a jury of six persons
10    to hear your case.
11        (4) You have the right to present evidence to the
12    court and to confront and cross-examine witnesses.
13        (5) You have the right to ask the Judge to appoint an
14    independent expert to examine you and give an opinion
15    about your need for a guardian.
16        (6) You have the right to ask that the court hearing be
17    closed to the public.
18        (7) You have the right to tell the court whom you
19    prefer to have for your guardian.
20        (8) You have the right to ask a judge to find that
21    although you lack some capacity to make your own
22    decisions, you can make other decisions, and therefore it
23    is best for the court to appoint only a limited guardian
24    for you.
25    You do not have to attend the court hearing if you do not
26want to be there. If you do not attend, the Judge may appoint a
		HB4463	- 6 -	LRB104 17334 JRC 30758 b
1guardian if the Judge finds that a guardian would be of benefit
2to you. The hearing will not be postponed or canceled if you do
3not attend. If you are unable to attend the hearing in person
4or you will suffer harm if you attend, the Judge can decide to
5hold the hearing at a place that is convenient. The Judge can
6also follow the rule of the Supreme Court of this State, or its
7local equivalent, and decide if a video conference is
8appropriate.
9    IT IS VERY IMPORTANT THAT YOU ATTEND THE HEARING IF YOU DO
10NOT WANT A GUARDIAN OR IF YOU WANT SOMEONE OTHER THAN THE
11PERSON NAMED IN THE GUARDIANSHIP PETITION TO BE YOUR GUARDIAN.
12IF YOU DO NOT WANT A GUARDIAN OR IF YOU HAVE ANY OTHER
13PROBLEMS, YOU SHOULD CONTACT AN ATTORNEY OR COME TO COURT AND
14TELL THE JUDGE.
15    Service of summons and the petition may be made by a
16private person 18 years of age or over who is not a party to
17the action.
18[END OF FORM]
19    (f) Notice of the time and place of the hearing shall be
20given by the petitioner by mail or in person to those persons,
21including the proposed guardian, whose names and addresses
22appear in the petition and who do not waive notice, not less
23than 14 days before the hearing.
24(Source: P.A. 102-72, eff. 1-1-22; 102-191, eff. 1-1-22;
25102-813, eff. 5-13-22.)