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The person who wants to be the new guardian would file a Petition for Appointment of Successor/Co-Guardian. The guardian can voluntarily resign if they no longer want to be the guardian. The court will have to choose a replacement guardian, and may appoint the public guardian if no one else is willing to be appointed.
In order for a guardian to be appointed, a petition must be filed in the court by an "interested person". The petition includes basic information, such as the name, date of birth and address of the person alleged to be in need of guardianship.
A petition to appoint a new guardian may be filed without payment of a new filing fee. Notice or consent is required in the same manner as when the original petition for guardianship was filed.
Petitioning costs in Cook County are $50.00 for filing for person only guardianship, $70.00 for estates up to $15,000.00 and $105.00 for estates in excess of $15,000.00.
In Illinois, the only way someone can be a guardian for a person who is eighteen years old or older is to be appointed by the circuit court. A parent's guardianship over his/her child stops automatically when the child turns eighteen.
Types of guardianship "Guardianship of the estate" means that the guardian will be responsible for all financial and legal matters of the ward. "Guardianship of the person" means that the guardian will be responsible for all of the ward's personal care matters, including healthcare and residential placement.