Sec. 13.5. Commencement of action for access; filing fees; process; notice; duration of orders.

586 words·~3 min read·/il/chapter-320/act-20/13-5

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Actions for orders seeking access to an eligible adult or freezing assets of an eligible adult are commenced:

(1)independently, by filing a petition for access to an eligible adult or freezing the

assets of an eligible adult in the circuit court;

(2)in conjunction with other civil proceedings, by filing a petition for access to an

eligible adult or freezing the assets of an eligible adult under the same case number as another civil proceeding involving the parties, including, but not limited to:

(i)a guardianship proceeding under the Probate Act of 1975;

(ii)a proceeding for involuntary commitment under the Mental Health and

Developmental Disabilities Code;

(iii)any other proceeding, provided that the eligible adult or the respondent is a

party to or the subject of that proceeding.

(b)No fee shall be charged by the clerk for filing petitions or certifying orders. No fee shall be charged by a sheriff for service by the sheriff of such a petition, rule, motion, or order in an action commenced under this Section.

(c)Any action for an order for access to an eligible adult or freezing assets of an eligible adult, whether commenced independently or in conjunction with another proceeding, is a distinct cause of action and requires that a separate summons be issued and served, except that in pending cases the following methods may be used:

(1)Delivery of the summons to respondent personally in open court in pending civil or

criminal cases.

(2)Mailing to the defendant, or, if represented, to the defendant's attorney of record

in the civil cases in which the defendant has filed a general appearance. The summons shall be in the form prescribed by subsection

(d)of Supreme Court Rule 101, except that it shall require the respondent to answer or appear within 7 days. Attachments to the summons or notice shall include the petition for access to an eligible adult or freezing assets of an eligible adult and supporting affidavits, if any, and any emergency order for access to an eligible adult or freezing assets of an eligible adult that has been issued.

(d)Summons may be served by a private person over 18 years of age and not a party to the action. The return by that private person shall be by affidavit. The summons may be served by a sheriff or other law enforcement officer, and if summons is placed for service by the sheriff, it shall be made at the earliest time practicable and shall take precedence over other summonses except those of a similar emergency nature.

(e)Except as otherwise provided in this Section, notice of hearings on petitions or motions shall be served in accordance with Supreme Court Rules 11 and 12 unless notice is excused by the Code of Civil Procedure, Supreme Court Rules, or local rules, as now or hereafter amended.

(f)Original notice of a hearing on a petition for access to an eligible adult or freezing assets of an eligible adult may be given, and the documents served, in accordance with Supreme Court Rules 11 and 12. When, however, an emergency order is sought in such a case on an ex parte application, the notice rules set forth in Section 11-101 of the Code of Civil Procedure shall apply.

(g)An order entered in accordance with Sections 13 and 13.5 shall be valid for a fixed period of time, not to exceed 2 years.