Right to counsel

Prior to a hearing on a petition for adjudication of disability and for the appointment of a guardian of the person, guardian of the estate, or both, “[t]he court (1) may appoint counsel for the respondent, if the court finds that the interests of the respondent will be best served by the appointment, and (2) shall appoint counsel upon respondent’s request or if the respondent takes a position adverse to that of the guardian ad litem. The respondent shall be permitted to obtain the appointment of counsel either at the hearing or by any written or oral request communicated to the court prior to the hearing. The summons shall inform the respondent of this right to obtain appointed counsel. The court may allow counsel for the respondent reasonable compensation.” 755 Ill. Comp. Stat. Ann. 5/11a- 10(b) (West).

With regard to a hearing on a petition to terminate the adjudication of disability of a ward, revoke the letters of guardianship, or modify the duties of the guardian: “The court (1) may appoint counsel for the ward, if the court finds that the interests of the ward will be best served by the appointment and (2) shall appoint counsel upon the ward’s request or if the respondent takes a position adverse to that of the guardian ad litem.” 755 Ill. Comp. Stat. Ann. 5/11a-21(a).

“If the ward is unable to pay the fee of the guardian ad litem or appointed counsel, or both, the court shall enter in an order upon the State to pay, from funds appropriated by the General Assembly for that purpose, all such fees or such amounts as the ward is unable to pay.” 5/11a-21(b).

For information about the right to counsel where a guardian seeks court authority to order sterilization of the protected person, please see the major development for Illinois Legislation, Sterilization.