SUBSTITUTION OF GAL-DIS ADULT

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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,
3
represented in the General Assembly:

4

Section 5.
The Probate Act of 1975 is amended by changing
5
Section 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
9
11a-8, the court shall set a date and place for hearing to take
10
place within 30 days. The court shall appoint a guardian ad
11
litem to report to the court concerning the respondent's best
12
interests consistent with the provisions of this Section,
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except that the appointment of a guardian ad litem shall not be
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required when the court determines that such appointment is
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not necessary for the protection of the respondent or a
16
reasonably informed decision on the petition. If the guardian
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ad litem is not a licensed attorney, he or she shall be
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qualified, by training or experience, to work with or advocate
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for persons with developmental disabilities, the mentally ill,
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persons with physical disabilities, the elderly, or persons
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with a disability due to mental deterioration, depending on
22
the type of disability that is alleged in the petition.
The
23
petitioner, cross-petitioner, or respondent is entitled to one

HB4463
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LRB104 17334 JRC 30758 b
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substitution of guardian ad litem without cause as a matter of
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right. An application for substitution of guardian ad litem
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may be made by oral or written motion and must be granted if
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the motion is made at any time before the guardian ad litem
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files an appearance or at the first court appearance after the
6
guardian ad litem is appointed, whichever is later.
The court
7
may allow the guardian ad litem reasonable compensation. The
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guardian ad litem may consult with a person who by training or
9
experience is qualified to work with persons with a
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developmental disability, persons with mental illness, persons
11
with physical disabilities, or persons with a disability due
12
to mental deterioration, depending on the type of disability
13
that is alleged. The guardian ad litem shall personally
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observe the respondent prior to the hearing and shall inform
15
him orally and in writing of the contents of the petition and
16
of his rights, including providing a copy of the notice of
17
rights required under subsection (e). The guardian ad litem
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shall also attempt to elicit the respondent's position
19
concerning the adjudication of disability, the proposed
20
guardian, a proposed change in residential placement, changes
21
in care that might result from the guardianship, and other
22
areas of inquiry deemed appropriate by the court.
23
Notwithstanding any provision in the Mental Health and
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Developmental Disabilities Confidentiality Act or any other
25
law, a guardian ad litem shall have the right to inspect and
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copy any medical or mental health record of the respondent

HB4463
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LRB104 17334 JRC 30758 b
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which the guardian ad litem deems necessary, provided that the
2
information so disclosed shall not be utilized for any other
3
purpose nor be redisclosed except in connection with the
4
proceedings. At or before the hearing, the guardian ad litem
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shall file a written report detailing his or her observations
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of the respondent, the responses of the respondent to any of
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the inquiries detailed in this Section, the opinion of the
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guardian ad litem or other professionals with whom the
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guardian ad litem consulted concerning the appropriateness of
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guardianship, and any other material issue discovered by the
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guardian ad litem. The guardian ad litem shall appear at the
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hearing and testify as to any issues presented in his or her
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report.
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(b) The court (1) may appoint counsel for the respondent,
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if the court finds that the interests of the respondent will be
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best served by the appointment, and (2) shall appoint counsel
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upon the respondent's request or if the respondent takes a
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position adverse to that of the guardian ad litem. The
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respondent shall be permitted to obtain the appointment of
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counsel either at the hearing or by any written or oral request
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communicated to the court prior to the hearing. The summons
22
shall inform the respondent of this right to obtain appointed
23
counsel. The court may allow counsel for the respondent
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reasonable compensation.
25

(c) The allocation of guardian ad litem fees and costs is
26
within the discretion of the court. No legal fees, appointed

HB4463
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LRB104 17334 JRC 30758 b
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counsel fees, guardian ad litem fees, or costs shall be
2
assessed against the Office of the State Guardian, the public
3
guardian, an adult protective services agency, the Department
4
of Children and Family Services, or the agency designated by
5
the Governor under Section 1 of the Protection and Advocacy
6
for Persons with Developmental Disabilities Act.
7

(d) The hearing may be held at such convenient place as the
8
court directs, including at a facility in which the respondent
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resides.
10

(e) Unless he is the petitioner, the respondent shall be
11
personally served with a copy of the petition and a summons not
12
less than 14 days before the hearing. The summons shall be
13
printed in large, bold type and shall include the following:
14
NOTICE OF RIGHTS OF RESPONDENT
15

You have been named as a respondent in a guardianship
16
petition asking that you be declared a person with a
17
disability. If the court grants the petition, a guardian will
18
be appointed for you. A copy of the guardianship petition is
19
attached for your convenience.
20
The date and time of the hearing are:

21
The place where the hearing will occur is:

22
The Judge's name and phone number is:
23

If a guardian is appointed for you, the guardian may be
24
given the right to make all important personal decisions for
25
you, such as where you may live, what medical treatment you may
26
receive, what places you may visit, and who may visit you. A

HB4463
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LRB104 17334 JRC 30758 b
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guardian may also be given the right to control and manage your
2
money and other property, including your home, if you own one.
3
You 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.
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(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
26
want to be there. If you do not attend, the Judge may appoint a

HB4463
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LRB104 17334 JRC 30758 b
1
guardian if the Judge finds that a guardian would be of benefit
2
to you. The hearing will not be postponed or canceled if you do
3
not attend. If you are unable to attend the hearing in person
4
or you will suffer harm if you attend, the Judge can decide to
5
hold the hearing at a place that is convenient. The Judge can
6
also follow the rule of the Supreme Court of this State, or its
7
local equivalent, and decide if a video conference is
8
appropriate.
9

IT IS VERY IMPORTANT THAT YOU ATTEND THE HEARING IF YOU DO
10
NOT WANT A GUARDIAN OR IF YOU WANT SOMEONE OTHER THAN THE
11
PERSON NAMED IN THE GUARDIANSHIP PETITION TO BE YOUR GUARDIAN.
12
IF YOU DO NOT WANT A GUARDIAN OR IF YOU HAVE ANY OTHER
13
PROBLEMS, YOU SHOULD CONTACT AN ATTORNEY OR COME TO COURT AND
14
TELL THE JUDGE.
15

Service of summons and the petition may be made by a
16
private person 18 years of age or over who is not a party to
17
the action.
18
[END OF FORM]
19

(f) Notice of the time and place of the hearing shall be
20
given by the petitioner by mail or in person to those persons,
21
including the proposed guardian, whose names and addresses
22
appear in the petition and who do not waive notice, not less
23
than 14 days before the hearing.
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(Source: P.A. 102-72, eff. 1-1-22; 102-191, eff. 1-1-22;
25
102-813, eff. 5-13-22.)

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