The Illinois Petition For Appointment Of Guardian Of Person Of Minor(s) is a legal document used in the state of Illinois to appoint a guardian for the protection and care of a minor child. This document is typically filed in the county court where the child resides. It must be signed by the proposed guardian and the child’s parents, if applicable. The petition must include the minor’s name, date of birth, and address; the proposed guardian’s name, address, and relationship to the child; a list of the minor’s assets; and a statement of why the guardianship is necessary. There are two main types of Illinois Petition For Appointment Of Guardian Of Person Of Minor(s): plenary guardianship and limited guardianship. A plenary guardianship grants the guardian full legal authority over the minor child’s person and estate, while a limited guardianship grants the guardian specific powers to act in the minor’s best interests.
Illinois Petition For appointment Of Guardian Of Person Of Minor(s)
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FAQ
Guardianship hearings are set within 30 days of a petition being filed with the court. The alleged disabled person, or Respondent, must be served with summons and a copy of the petition.
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.
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.
Plenary Guardianship - used when the "individual's mental, physical and adaptive limitations" necessitate a guardian who has the power to make all important decisions regarding the individual's personal care and finances. Plenary guardianship may be used for the person, the estate, or both.
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.
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.
The guardianship ends automatically when the child turns 18. To become a plenary guardian, there must be a court case where the judge approves the guardianship.