(a) If notice of a hearing on any petition is
required and except for specific notice requirements as otherwise provided, the
petitioner shall cause notice of the time and place of hearing of any petition
to be given to any interested person or his attorney if he has appeared by
attorney or requested that notice be sent to his attorney. Notice shall be given:
(1) by mailing a copy thereof at least 14 days before the
time set for the hearing by certified, registered or ordinary first class mail
addressed to the person being notified at the post office address given in his
demand for notice, if any, or at his office or place of residence, if known;
(2) by delivering a copy thereof to the person being
notified personally at least 14 days before the time set for the hearing; or
(3) if the address, or identity of any person is not known
and cannot be ascertained with reasonable diligence, by publishing at least
once a week for three consecutive weeks, a copy thereof in a newspaper having
general circulation in the county where the hearing is to be held, the last
publication of which is to be at least 10 days before the time set for the
hearing.
(b) The court for good cause shown may provide for a
different method or time of giving notice for any hearing.
(c) Proof of the giving of notice shall be made on
or before the hearing and filed in the proceeding.
SECTION 1-402. Notice; Waiver. A person, including a
guardian ad litem, conservator or other fiduciary, may waive notice by a
writing signed by him or his attorney and filed in the proceeding. A person for whom a guardianship or other
protective order is sought, a ward, or a protected person may not waive notice.
SECTION 1-403. Pleadings; When Parties
Bound by Others; Notice. In formal proceedings
involving trusts or estates of decedents, minors, protected persons, or
incapacitated persons, and in judicially supervised settlements, the following
rules apply:
(1) Interests to be affected
must be described in pleadings that give reasonable information to owners by
name or class, by reference to the instrument creating the interests or in another
appropriate manner.
(2) A person is bound by an
order binding another in the following cases:
(A) An order binding the sole holder or all co-holders of a
power of revocation or a presently exercisable general power of appointment,
including one in the form of a power of amendment, binds other persons to the
extent their interests as objects, takers in default, or otherwise are subject
to the power.
(B) To the extent there is no conflict of interest between
them or among persons represented:
(i) an order binding a conservator binds the person
whose estate the conservator controls;
(ii) an order binding a guardian binds the ward if
no conservator of the ward’s estate has been appointed;
(iii) an order binding a trustee binds
beneficiaries of the trust in proceedings to probate a will establishing or
adding to a trust, to review the acts or accounts of a former fiduciary, and in
proceedings involving creditors or other third parties;
(iv) an order binding a personal representative binds
persons interested in the undistributed assets of a decedent’s estate in
actions or proceedings by or against the estate; and
(v) an order binding a sole holder or all
co-holders of a general testamentary power of appointment binds other persons
to the extent their interests as objects, takers in default, or otherwise are
subject to the power.
(C) Unless otherwise represented, a minor or an
incapacitated, unborn, or unascertained person is bound by an order to the
extent the person’s interest is adequately represented by another party having
a substantially identical interest in the proceeding.
(3) If no conservator or
guardian has been appointed, a parent may represent a minor child.
(4) Notice is required as
follows:
(A) The notice prescribed by Section 1-401 must be given to
every interested person or to one who can bind an interested person as
described in paragraph (2)(A) or (B). Notice
may be given both to a person and to another who may bind the person.
(B) Notice is given to unborn or unascertained persons who
are not represented under paragraph (2)(A) or (B) by giving notice to all known
persons whose interests in the proceedings are substantially identical to those
of the unborn or unascertained persons.
(5) At any point in a
proceeding, a court may appoint a guardian ad litem to represent the interest
of a minor, an incapacitated, unborn, or unascertained person, or a person
whose identity or address is unknown, if the court determines that
representation of the interest otherwise would be inadequate. If not precluded by conflict of interests, a
guardian ad litem may be appointed to represent several persons or interests. The court shall state its reasons for
appointing a guardian ad litem as a part of the record of the proceeding.
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