PROBATE LAW AND THE WARD'S RIGHT TO AN ATTORNEY

PROBATE LAW AND THE WARD'S RIGHT TO AN ATTORNEY




Here's the link to Probate Law: It may also be found in the index to the right of our ProbateSharks website:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075500050HArt%2E+XIa&ActID=2104&ChapterID=60&SeqStart=14300000&SeqEnd=17600000

Here's the sections on the ward's right to an atty:

You have the following legal rights:

(1) You have the right to be present at the court
hearing.

(2) You have the right to be represented by a lawyer,
either one that you retain, or one appointed by the Judge.

(3) You have the right to ask for a jury of six
persons to hear your case.

(4) You have the right to present evidence to the
court and to confront and cross‑examine witnesses.

(5) You have the right to ask the Judge to appoint an
independent expert to examine you and give an opinion about your need for a guardian.

(6) You have the right to ask that the court hearing
be closed to the public.

(7) You have the right to tell the court whom you
prefer to have for your guardian.

You do not have to attend the court hearing if you do not want to be there. If you do not attend, the Judge may appoint a guardian if the Judge finds that a guardian would be of benefit to you. The hearing will not be postponed or canceled if you do not attend.

IT IS VERY IMPORTANT THAT YOU ATTEND THE HEARING IF YOU DO NOT WANT A GUARDIAN OR IF YOU WANT SOMEONE OTHER THAN THE PERSON NAMED IN THE GUARDIANSHIP PETITION TO BE YOUR GUARDIAN. IF YOU DO NOT WANT A GUARDIAN OF IF YOU HAVE ANY OTHER PROBLEMS, YOU SHOULD CONTACT AN ATTORNEY OR COME TO COURT AND TELL THE JUDGE.

Here's more on the rights of the ward:

You do not have to attend the court hearing if you do not want to be there. If you do not attend, the Judge may appoint a guardian if the Judge finds that a guardian would be of benefit to you. The hearing will not be postponed or canceled if you do not attend.

IT IS VERY IMPORTANT THAT YOU ATTEND THE HEARING IF YOU DO NOT WANT A GUARDIAN OR IF YOU WANT SOMEONE OTHER THAN THE PERSON NAMED IN THE GUARDIANSHIP PETITION TO BE YOUR GUARDIAN. IF YOU DO NOT WANT A GUARDIAN OF IF YOU HAVE ANY OTHER PROBLEMS, YOU SHOULD CONTACT AN ATTORNEY OR COME TO COURT AND TELL THE JUDGE.

Here's the section on the hearing, and the ward's right to an atty:

(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) Upon oral or written motion by the respondent or the guardian ad litem or on the court's own motion, the court shall appoint one or more independent experts to examine the respondent. Upon the filing with the court of a verified statement of services rendered by the expert or experts, the court shall determine a reasonable fee for the services performed. If the respondent is unable to pay the fee, the court may enter an order upon the petitioner to pay the entire fee or such amount as the respondent is unable to pay. However, in cases where the Office of State Guardian is the petitioner, consistent with Section 30 of the Guardianship and Advocacy Act, no expert services fees shall be assessed against the Office of the State Guardian.



Any statements by an attorney or judge which lead a ward or his/her family members to believe that the ward is not entitled to an attorney are false. These types of statements constitute Fraud on the Court.