Bill
HB 5269
The bill strengthens governance, funding, and regional administration of guardianship and advocacy services to protect the rights and welfare of eligible persons.
HB5269 Summary (Illinois, 104th Session)
Purpose and scope
- This act amends the Guardianship and Advocacy Act and related provisions within the Mental Health and Developmental Disabilities Code.
- It clarifies and expands the structure, governance, funding, and operational rules for guardianship, advocacy, and related protections for eligible persons (e.g., individuals with mental health needs, developmental disabilities, or other disabilities).
Key provisions
1) Definitions and terminology (Section 2)
- Clarifies core terms:
- Authority: Human Rights Authority
- Commission: Guardianship and Advocacy Commission
- Director: Director of the Guardianship and Advocacy Commission
- Guardian: court-appointed guardian or conservator
- Services: includes examination, diagnosis, treatment, care, habilitation, rehabilitation, etc.
- Eligible persons: individuals needing mental health services or with developmental or other disabilities as defined by federal/state law
- Rights: all rights guaranteed by Illinois law and the U.S. Constitution
- Legal Advocacy Service attorney: attorney employed by or under contract with the Legal Advocacy Service
- Service provider: any facility, center, hospital, clinic, or other entity providing services
- State Guardian: Office of State Guardian
- Ward: a ward age 18 or older under Probate Act
2) Commission governance and operations (Section 4)
- Composition: the Commission shall have 11 members, including at least one senior citizen (60+), appointed by the Governor with Senate advice and consent.
- Terms: initial terms staggered (one-, two-, and three-year terms) with three-year thereafter; members may serve up to two consecutive terms. Terms end June 30.
- Officers and meetings: Commission annually elects a Chair (and other officers as needed); must meet at least quarterly; quorum is a majority of six members (excluding vacancies).
- Expenses: members are not compensated but reimbursed for actual expenses.
3) Commission powers, duties, and funding (Section 5)
- Regional structure: the Commission shall establish regional divisions to fulfill Authority purposes, considering population and service boundaries.
- Policy and supervision: the Commission sets general policy for the Legal Advocacy Service, Human Rights Authority, and State Guardian; regional actions require Commission review and can be disapproved by the Commission, ceasing regional action if disapproved.
- Staffing: the Commission hires a Director and staff; most staff are subject to the Personnel Code.
- Oversight: annual evaluation of divisions; procurement governed by the Illinois Procurement Code.
- Budget and reporting: the Commission prepares its budget and an annual operations report to the Governor and General Assembly; compliance with state reporting distribution rules.
- Financial resources and fees: rules for determining whether eligible persons or wards owe for services. Fees may be charged only with proper notice if resources exist; funds paid are deposited into the Guardianship and Advocacy Fund; appeal procedures for fee-related actions are established.
- Fundraising and private support: authority to accept private, federal, and public funds; private funds may be held and used as trustee as allowed by grant/gift instruments.
- Developmental disabilities mandate: can use funds under the Developmental Disabilities Act; if designated by the Governor to provide state plan services, the Commission shall do so directly or by contract, or employ staff if needed.
- Monitoring:, to the extent funds are available, monitor rights and care quality, including abuse/neglect reports, with access to relevant confidential information under applicable confidentiality laws.
4) Regional authority findings (Section 26)
- Regional authorities may publish public findings and recommendations, but must include any replies from the State agency, service provider, or other investigated person if requested.
- Providers or persons investigated have opportunity to review and object; objections may be included in the public findings/public statements.
5) Related mental health code updates (Section 10)
- Definitions updated/added:
- Guardian: confirmed as court-appointed guardian or conservator of the person in the Mental Health and Developmental Disabilities Code
- Under guardianship: defined for a person under guardianship
- Mental illness: defined with exclusions (e.g., developmental disability, dementia absent psychosis, substance use disorder, or certain antisocial conduct)
- Involuntary admission representation (Section 3-805)
- Every respondent subject to involuntary admission must have counsel.
- If indigent or no appearance, court must appoint counsel (Guardianship and Mental Health Advocacy Commission attorney if available; otherwise public defender or licensed attorney).
- Private counsel fees: if private counsel is used, the court may order the county to pay reasonable fees if the respondent cannot pay.
- Counsels’ access and preparation must be allowed; capacity to waive counsel must be considered.
Who is affected
- Eligible persons: individuals receiving or needing mental health services or with developmental/other disabilities.
- Wards under guardianship: protections and fees/financial arrangements for guardianship services.
- Guardians, conservators, and family members navigating guardianship and advocacy processes.
- State Guardian and the Guardianship and Advocacy Commission, including regional authorities and Legal Advocacy Service attorneys.
Procedural and timeline notes
- Establishment of regional divisions and annual reporting requirements.
- Terms for Commission members and leadership cycles with specific June 30 end dates.
- Fee determination and appeal processes to be established by Commission rules.
- The act reflects ongoing governance, budgeting, and monitoring duties, with reporting to the Governor and General Assembly.
Overall impression
- The bill strengthens governance, funding mechanisms, and regional administration of guardianship and advocacy services, clarifies definitions, ensures counsel for involuntary admissions, and enhances monitoring and accountability for the rights and welfare of eligible persons.
Compiled from official sources — confirm details with the bill’s official record.
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