Get IL Petition To Appoint Successor Guardian 1989-2024

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.

To be the guardian of a minor's person you must be: At least 18 years old. A resident of the United States. Of sound mind and under no legal disability. Not convicted of a felony involving a minor, elderly, or disabled person. Found capable of providing an active and suitable program of guardianship by the court.

The biological parents of the minor who is under guardianship may petition to terminate the guardianship. To do so, the parent(s) must file a “Petition to Discharge Guardianship of a Minor” with the county court where the child resides. Once the petition has been filed, a court hearing will be set.

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.

The burden of proof is on the party seeking to terminate the guardianship to demonstrate by clear and convincing evidence that the ward is capable of making his or her own decisions.

A successor guardian is someone who takes over for the current guardian, and a co-guardian is someone who is appointed to share in the duties of the current guardian.

If you want to change or end a guardianship, you will have to file a petition with the court where the guardianship was started. You must be the person who is subject to guardianship, a family member, or some other interested person. This means the guardianship has to affect you in some way.

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.