Policy and Legislation

Legislative Updates.  The following are recently passed laws that are of interest to those representing disabled adults in Illinois.

Amendment to the Probate Act of 1975 (755 ILCS 5/11a-4)
Public Act 97-0614, Effective January 1, 2012:
This amendment was the result of the Public Guardian’s initiative to address the 60-day limit on temporary guardianships.  This Act amends Section 11a-4 of the Probate Act by: (a) permitting the Probate judge to extend a temporary guardianship in the pre-adjudication phase for up to 120 days if the judge finds it is in the best interest of the alleged disabled person and (b) mandating an extension of temporary guardianship in certain post-adjudication scenarios: (i) pending the disposition on appeal of an adjudication of disability, (ii) pending the completion of a citation proceeding, (iii) pending the appointment of a successor guardian where the former guardian has resigned, has become incapacitated, or is deceased, or (iv) where the guardian’s powers have been suspended pursuant to court order. To read the entire act click here

Amendment to the Probate Act of 1975 (755 ILCS 5/11a-10)
Public Act 97-0375, Effective August 15, 2011:
The following language is added giving the Guardian ad Litem access to medical or mental health records of an alleged disabled person: "Notwithstanding any provision in the Mental Health and Developmental Disabilities Confidentiality Act or any other law, a guardian ad litem shall have the right to inspect and copy any medical or mental health record of respondent which the guardian ad litem deems necessary, provided that the information so disclosed shall not be utilized for any other purpose nor be redisclosed except in connection with the proceedings."

 

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New Policy and Legislation New Policy & Legislation
Recently passed laws of interest to those representing disabled adults and abused & neglected children in Illinois.
Read more Adult Juvenile
Current Developments OPG Appellate Developments
OPG files Amicus brief with the U.S. Supreme Court in Camreta v. Greene. Read more
Recent Appellate and Supreme Court decisions Read more

Youth Advocacy &
Post-Emancipation Services
Important information for current and former clients. Read more