755 ILCS 5/11a-11
Hearing
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(755 ILCS 5/11a-11)
(from Ch. 110 1/2, par. 11a-11)
Sec. 11a-11. Hearing.
(a) The respondent is entitled to be represented by counsel, to demand a
jury of 6 persons, to present evidence, and to confront and cross-examine all
witnesses. The hearing may be closed to the public on request of the
respondent, the guardian ad litem, or appointed or other counsel for the respondent. Unless excused by the court
upon a showing that the respondent refuses to be present or will suffer harm
if required to attend, the respondent shall be present
at the hearing.
(b) (Blank).
(c) (Blank).
(d) In an uncontested proceeding for the appointment of a guardian the
person who prepared the report required by Section 11a-9 will only be required
to testify at trial upon order of court for cause shown.
(e) At the hearing the court shall inquire regarding: (1) the nature
and extent of respondent's general intellectual and physical
functioning; (2) the extent of the impairment of his adaptive behavior
if he is a person with a developmental disability, or the nature and severity
of his mental illness if he is a person with mental illness; (3) the
understanding and capacity of the respondent to make and communicate
responsible decisions concerning his person; (4) the capacity of the respondent
to manage his estate and his financial affairs; (5) the appropriateness of
proposed and alternate living arrangements; (6) the impact of the
disability upon the respondent's functioning in the basic activities of daily
living and the important decisions faced by the respondent or normally faced by
adult members of the respondent's community; and (7) any other area of
inquiry deemed appropriate by the court.
(f) An authenticated transcript of the evidence taken in a judicial
proceeding concerning the respondent under the Mental Health and Developmental
Disabilities Code is admissible in evidence at the hearing.
(g) If the petition is for the appointment of a guardian for a
beneficiary of the Veterans Administration who has a disability, a certificate of
the Administrator of Veterans Affairs or his representative stating that
the beneficiary has been determined to be incompetent by the Veterans
Administration on examination in accordance with the laws and
regulations governing the Veterans Administration in effect upon the
date of the issuance of the certificate and that the appointment of a
guardian is a condition precedent to the payment of any money due the
beneficiary by the Veterans Administration, is admissible in evidence at the
hearing.
(Source: P.A. 98-1094, eff. 1-1-15; 99-143, eff. 7-27-15.)
Notes of Decisions
Cited in 11
cases (2 in the last 5 years), 2008–2025 · leading case: In Re Estate of Wilson
In Re Estate of Wilson (2010)
“The court's order directed the guardian ad litem to interview Wilson, advise her of her rights under section 11a-11 of the Probate Act (755 ILCS 5/11a-11 (West 2006)), and to attempt to ascertain Wilson's views regarding the adjudication of disability, the proposed guardian, and…”
In re Estate of Kusmanoff (2017)
“In addition, we instruct the circuit court that, should MaryLou so choose, she be permitted to be absent from the hearing pursuant to section 11a-11(a) of the Probate Act (755 ILCS 5/11a-11(a) (West 2014)) and that her testimony be procured through electronic or other means as…”
In re Estate of Kusmanoff (2017)
“755 ILCS 5/11a-11(a) (West 2014). A discussion was held regarding the implications of the motion, but the motion was never explicitly ruled upon.”
In Re Estate of Fallos (2008)
“755 ILCS 5/11a-11 (West 2004). GAL Forbes recommended that the petition be granted, and the court appointed Catholic Charities to be Fallos' plenary guardian pursuant to section 11a-3(a)(1), which states that the court may appoint the disabled person a guardian of his person if,…”
In re Estate of Coolidge (2025)
“755 ILCS 5/11a-11 (West 2022). ¶ 68 Although section 11a-11(a) provides that a “respondent is entitled to *** demand a jury” at a hearing on a petition to appoint a plenary guardian, nothing in this or any other section of the Probate Act provides for remote jury trials.”
In re Estate of Walker (2014)
“The order directed Meersman- Murphy to: (1) interview Walker; (2) inform her orally and in writing of the petition's contents and of her rights under section 11a-11 of the Illinois Probate Act of 1975 (755 ILCS 5/11a-11 (West 2010)); (3) elicit Walker's position regarding…”
In re Estate of Walker (2014)
“The order directed Meersman- Murphy to: (1) interview Walker; (2) inform her orally and in writing of the petition's contents and of her rights under section 11a-11 of the Illinois Probate Act of 1975 (755 ILCS 5/11a-11 (West 2010)); (3) elicit Walker's position regarding…”
In re Estate of Walker (2015)
“The order directed Meersman-Murphy to: (1) interview Walker; (2) inform her orally and in writing of the petition’s contents and of her rights under section 11a-11 of the Illinois Probate Act of 1975 (755 ILCS 5/11a-11 (West 2010)); (3) elicit Walker’s position regarding…”
In re Estate of Valentino (2023)
“Stern’s Fee Petition ¶ 31 Petitioner argues that the circuit court abused its discretion by granting Mr. Stern’s fee petition.”
In re Estate of Walker (2014)
“The order directed Meersman- Murphy to: (1) interview Walker; (2) inform her orally and in writing of the petition's contents and of her rights under section 11a-11 of the Illinois Probate Act of 1975 (755 ILCS 5/11a-11 (West 2010)); (3) elicit Walker's position regarding…”
In re Estate of Fallos (2008)
“755 ILCS 5/11a-11 (West 2004). GAL Forbes recom- mended that the petition be granted, and the court appointed Catholic Charities to be Fallos' plenary guardian pursuant to section 11a-3(a)(1), which states that the court may appoint the disabled person a guardian of his person…”
— 755 ILCS 5/11a-11(a) — 7 cases
In re Estate of Kusmanoff (2017)
“In addition, we instruct the circuit court that, should MaryLou so choose, she be permitted to be absent from the hearing pursuant to section 11a-11(a) of the Probate Act (755 ILCS 5/11a-11(a) (West 2014)) and that her testimony be procured through electronic or other means as…”
In re Estate of Kusmanoff (2017)
“755 ILCS 5/11a-11(a) (West 2014). A discussion was held regarding the implications of the motion, but the motion was never explicitly ruled upon.”
In re Estate of Valentino (2023)
“Stern’s Fee Petition ¶ 31 Petitioner argues that the circuit court abused its discretion by granting Mr. Stern’s fee petition.”
In re Estate of Walker (2014)
“The order directed Meersman- Murphy to: (1) interview Walker; (2) inform her orally and in writing of the petition's contents and of her rights under section 11a-11 of the Illinois Probate Act of 1975 (755 ILCS 5/11a-11 (West 2010)); (3) elicit Walker's position regarding…”
In re Estate of Walker (2014)
“The order directed Meersman- Murphy to: (1) interview Walker; (2) inform her orally and in writing of the petition's contents and of her rights under section 11a-11 of the Illinois Probate Act of 1975 (755 ILCS 5/11a-11 (West 2010)); (3) elicit Walker's position regarding…”
— 755 ILCS 5/11a-11(e) — 1 case
In Re Estate of Wilson (2010)
“The court's order directed the guardian ad litem to interview Wilson, advise her of her rights under section 11a-11 of the Probate Act (755 ILCS 5/11a-11 (West 2006)), and to attempt to ascertain Wilson's views regarding the adjudication of disability, the proposed guardian, and…”
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