(a) If a family caregiver unreasonably prevents a family member from visiting the frail elderly individual, the court, upon a verified petition by the family member, may order the family caregiver to permit such visitation as the court deems reasonable and appropriate under the circumstances.
     (b) At the hearing on the verified petition for visitation, the court shall consider:

Terms Used In Illinois Compiled Statutes 750 ILCS 95/10

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See Illinois Compiled Statutes 5 ILCS 70/1.36

         (1) the nature and extent of the frail elderly
    
individual’s functional impairment;
        (2) the frail elderly individual’s previously
    
expressed preferences in regard to visitation with the petitioner;
        (3) the history of visitation between the frail
    
elderly individual and the petitioner;
        (4) the opinions of any family members and the family
    
caregiver with respect to visitation between the petitioner and the frail elderly individual; and
        (5) any other area of inquiry deemed appropriate by
    
the court under the circumstances.
    (c) The court shall not allow visitation if the court finds that: (i) the frail elderly individual has capacity to evaluate and communicate decisions regarding visitation and expresses a desire to not have visitation with the petitioner; or (ii) visitation between the petitioner and the frail elderly individual is not in the best interests of the frail elderly individual.
     (d) Guardian ad litem for frail elderly individual.
     (1) The court may appoint a guardian ad litem for the frail elderly individual if it determines such appointment to be in the frail elderly individual’s best interests.
     (2) The court shall appoint a guardian ad litem for the frail elderly individual if the frail elderly individual does not appear at the hearing or is unable to appear due to hardship.
     (3) The court may award reasonable compensation to a guardian ad litem appointed under this Act. The petitioner shall pay the court-awarded compensation due to the guardian ad litem, except if the court grants the verified petition for visitation and finds that the family caregiver acted maliciously in denying visitation between the petitioner and the frail elderly individual, then the family caregiver shall pay the court-awarded compensation due the guardian ad litem.
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