Sec. 9.5. Commencement of action for ex parte authorization orders; filing fees; process.

242 words·~1 min read·/il/chapter-320/act-20/9-5

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

(a)Actions for ex parte authorization orders are commenced:

(1)independently, by filing a petition for an ex parte authorization order in the

circuit court;

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

authorization order under the same case number as a guardianship proceeding under the Probate Act of 1975 where the eligible adult is the alleged adult with a disability.

(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 a petition, rule, motion, or order in an action commenced under this Section.

(c)Any action for an ex parte authorization order commenced independently is a distinct cause of action and requires that a separate summons be issued and served. Service of summons is not required prior to entry of emergency ex parte authorization orders.

(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.