Act
Guardianship and Advocacy Act
- 20 ILCS 3955/1— This Act shall be known and may be cited as the Guardianship and Advocacy Act
- 20 ILCS 3955/2— As used in this Act, unless the context requires otherwise: (a) "Authority" means a Human Rights Authority
- 20 ILCS 3955/3— The Guardianship and Advocacy Commission is hereby created as an executive agency of state government
- 20 ILCS 3955/4— (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
- 20 ILCS 3955/5
- 20 ILCS 3955/6— (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
- 20 ILCS 3955/7— 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
- 20 ILCS 3955/8
- 20 ILCS 3955/10
- 20 ILCS 3955/11— The Legal Advocacy Service shall make available counsel for eligible persons by referral or by contracting for legal services to the extent practicable
- 20 ILCS 3955/12
- 20 ILCS 3955/13
- 20 ILCS 3955/14— 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
- 20 ILCS 3955/15
- 20 ILCS 3955/16
- 20 ILCS 3955/17— 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
- 20 ILCS 3955/18— 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
- 20 ILCS 3955/19
- 20 ILCS 3955/20— 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
- 20 ILCS 3955/21— 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
- 20 ILCS 3955/22— 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
- 20 ILCS 3955/23— If a regional authority finds that: A
- 20 ILCS 3955/24— 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
- 20 ILCS 3955/25— 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
- 20 ILCS 3955/26— Subject to the provisions of Section 19, a regional authority may make public its findings and recommendations
- 20 ILCS 3955/27— A regional authority may, by acting through the Director, propose to the Commission legislation for the purpose of safeguarding the rights of eligible persons
- 20 ILCS 3955/28— A regional authority may take such other action as may be reasonable and appropriate to carry out the purposes of this Act
- 20 ILCS 3955/29— The procedures provided by Sections 15 through 28 are in addition to any other remedies which may be available to any party; and the failure to pursue or exhaust the procedures available herein or engage in the procedures available hereby shall not preclude the invocation of any remedy
- 20 ILCS 3955/30
- 20 ILCS 3955/31— Appointment; availability of State Guardian; available private guardian
- 20 ILCS 3955/32— The State Guardian shall have the same powers and duties as a private guardian as provided in Article XIa of the Probate Act of 1975, approved August 7, 1975
- 20 ILCS 3955/33
- 20 ILCS 3955/33.5— Guardianship training program
- 20 ILCS 3955/34
- 20 ILCS 3955/35— The annual appropriation for the Commission shall not exceed 1% of the total annual appropriation from the General Revenue Fund to the Department of Human Services for its ordinary and contingent expenses relating to mental health and developmental disabilities
- 20 ILCS 3955/36— Rules and regulations adopted by the Commission pursuant to authority granted under this Act shall be subject to the provisions of the Illinois Administrative Procedure Act