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To start a 17-A guardianship case, the petitioner (a parent or any interested person who is 18 years old or older, including an authorized corporation) must go to the Surrogate Court located in the county where the intellectually or developmentally disabled person resides.
Public guardianship is a legal procedure in which the court determines if a person's ability to make health and safety decisions for themselves is significantly impaired by disease, accident or disability. If so, the court will appoint a guardian to act as a substitute decision-maker.
In a guardianship for disabled adults in Illinois, a court formally adjudicates an individual mentally incompetent and appoints a legal guardian to be responsible for the personal and/or financial decisions of the mentally disabled individual.
In Illinois, there are two basic types of guardianships: a guardianship of the person and a guardianship of the estate. An Illinois Guardianship judge will appoint a guardian of the person to care for and protect the disabled person's personal needs, such as medical decisions and day-to-day personal decisions.
The proper forms for obtaining a guardianship are available in the Office of the Clerk of the Circuit Court. The forms must be filled out and filed before you appear in court.