Compelling a Medical Evaluation in Illinois Guardianship Cases

If you are seeking guardianship of a loved one in Illinois, one of the most important steps in obtaining Letters of Office from a Judge is meeting the standards laid out in the Probate Act (the “Act”) with respect to a Physician’s Evaluation and Report (“Evaluation” and “Report”). The Evaluation must be performed by a qualified person and the Report must include the following:

• A description of the nature and type of disability of the individual and an assessment of how the disability impacts the individual to make decisions or to function independently.
• An evaluation of the individual’s mental and physical condition.
• An opinion as to whether a guardianship is needed for the disabled individual.
• A recommendation of the most suitable living arrangements for the disabled individual.
• Any and all information pertaining to the individual or individuals who have performed the evaluations.

(755 ILCS 5/11a-9(a))

Without an Evaluation and subsequent Report that complies with the Act, a guardianship over the person or estate of an individual cannot be obtained. But what happens when you encounter roadblocks in trying to obtain this Report?

Some of the biggest difficulties one can encounter in obtaining a Report in a guardianship matter are cooperation of the proposed disabled person and willingness or ability to the proposed disabled person’s medical care providers. Even if the proposed disabled person has been committed to an inpatient facility, many medical professionals are unwilling to perform an Evaluation and complete a Report due to liability concerns. Pair this with a proposed disabled person who is unwilling to submit to an Evaluation and the prospects of obtaining a Report can seem almost impossible. Fear not, however, as both the Act and the Illinois Supreme Court Rules provide a basis for which a guardianship court can compel the Evaluation of a proposed disabled person.

When a Petition for Guardianship is not accompanied by a report, Section 11a-9(b) of the Act requires the court to order Evaluations to be performed by a qualified person and a Report to be prepared and filed with the court at least ten (10) days prior to the guardianship hearing. Further, Illinois Supreme Court Rule 215(a) permits a court to require the proposed disabled person to submit to a physical or mental examination by a licensed professional in an action where the physical or mental condition of an individual is in controversy.

Despite the aforementioned legal authority to compel an Evaluation and Report in Illinois, there is a dearth of case law and legal precedent on these issues and many Illinois guardianship judges may not even be aware of their existence. If you are struggling to obtain an Evaluation and Report, and subsequently guardianship, for a loved one in need, please reach out to the attorneys at Lavelle Law to assist you with seeking this necessary relief.

Should you have additional questions regarding the subject matter hereinabove, please call us at 847-705-7555 or email Attorney Victoria R. Paton at vpaton@lavellelaw.com to schedule your free and confidential one-hour consultation to discuss your options.