An Illinois Order Appointing Guardian is a legal document issued by the court that authorizes an individual or organization to act as a legal guardian for a minor or an adult who has been deemed incapacitated. The Order, which is issued by a judge, is tailored to the specific circumstances of the situation and outlines the duties of the guardian including areas such as the guardianship of assets, making decisions about the ward’s health and welfare, and more. There are two types of Illinois Order Appointing Guardian: Guardianship of Minor and Guardianship of Person. The Guardianship of Minor applies to minors aged 18 and under and the Guardianship of Person applies to adults who are deemed unable to make decisions for themselves.
Illinois Order appointing Guardian
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Order appointing Guardian
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FAQ
A "guardian of the person" is appointed by the court when a disabled individual cannot make or communicate responsible decisions regarding his personal care. This guardian will make decisions about medical treatment, residential placement, social services and other needs.
Once the case is filed, it usually takes from 14 days to two months for a decision to be reached by the court.
Once the case is filed, it usually takes from 14 days to two months for a decision to be reached by the court.
Either party in a case can request a guardian ad litem. If neither party requests it, the court may appoint a guardian ad litem. They often do this when they see that the parents are unable to agree on the custody and placement of their child.
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.
An order appointing a guardian does not terminate the parental rights of the parents of the minor. A parent may file a petition seeking discharge of the guardian.
Legal guardianship means a court grants someone other than a biological parent the right to care for a minor. Custody (most often) generally describes a parent caring for his or her own child.
Guardianship of the person A guardian of the person has broad power to make decisions for the child's care. A guardian of the person is responsible for physical custody of the child and must provide food, shelter, education and ordinary medical care.