An Illinois Order Appointing Temporary Guardian Of Person and Estate is a court order issued by the Circuit Court of the county in which the subject of the petition for temporary guardianship resides. This order appoints a temporary guardian who will be responsible for the care, management, and financial decisions of an incapacitated person or minor. The Order will specify the powers granted to the temporary guardian, including the authority to make decisions regarding the care, custody, and financial management of the person or estate and any other duties as specified in the order. There are two different types of Illinois Order Appointing Temporary Guardian Of Person and Estate: Temporary Guardianship of Person and Temporary Guardianship of Estate. The former grants the temporary guardian authority over the incapacitated person's physical care and well-being while the latter grants the temporary guardian authority over the incapacitated person or minor's property and financial decisions.
Illinois Order appointing Temporary Guardian Of Person and Estate
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FAQ
INITIATING THE LEGAL PROCESS. Guardianship is a court-created responsibility. 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
In Illinois, the Power of Attorney supercedes the guardianship. In fact, the Probate Court has no authority to appoint a guardian to make any decision which has been delegated to an agent under a duly-executed Power of Attorney.
A "disabled" individual means an individual who has a physical or mental impairment that substantially limits a major life activity, has a record of such an impairment, or is regarded as having such an impairment. "Disability" means a mental or physical impairment that substantially limits a major life activity.
Short-term guardian The parent or guardian does not need to go to court, but the agreement must be in writing. The agreement must be signed and witnessed by at least 2 people who are at least 18 years old. A witness cannot also be the person trying to be the short-term guardian.
No person shall be appointed who has been convicted of a felony involving harm or threat to a minor or an elderly person or a person with a disability, including a felony sexual offense.
Letters of office. Letters of office, which are certified proof of the guardian's appointment, are usually issued by the Probate clerk within a day or two of the appointment and are mailed to the petitioner's attorney or to the appointed guardian.
If the decedent dies without a Will, a Petition for Letters of Administration is filed. In this Petition a close family member or friend asks the court's permission to serve as the Administrator of the estate. The court will generally appoint this person as the estate's Administrator.
A guardian of the estate makes decisions about management of the ward's property and finances. Temporary Guardianship - used in an emergency situation. Temporary guardianship can last no longer than 60 days and is a means to assure that the person who evidences need for guardianship receives immediate protection.
Once the case is filed, it usually takes from 14 days to two months for a decision to be reached by the court.