(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: (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. individual's functional impairment; expressed preferences in regard to visitation with the petitioner; elderly individual and the petitioner; caregiver with respect to visitation between the petitioner and the frail elderly individual; and the court under the circumstances.
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