Illinois Petition For Guardian (Disabled Person)

State:
Illinois
Control #:
IL-NSKU-3700
Format:
PDF
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Description

Petition For Guardian (Disabled Person)

The Illinois Petition For Guardian (Disabled Person) is a legal form used to appoint a guardian for an adult or minor who is disabled or incapacitated. This petition can be used to appoint a guardian for a single person or multiple persons. It is used to protect the disabled person’s interests by appointing a guardian who can make decisions for them. The petition must be signed by the petitioner, the disabled person, or a legal representative of either party. It must be filed in the county where the disabled person resides, and may need to be accompanied by additional documents, such as a doctor’s report and a mental health evaluation. The Illinois Petition For Guardian (Disabled Person) comprises two types of petitions: Plenary Guardian and Limited Guardian. A Plenary Guardian has the authority to make all decisions for the disabled person, while a Limited Guardian has the authority to make some, but not all, decisions for the disabled person. The petition must be approved by a judge before it can take effect. After approval, the judge will appoint a guardian who will be responsible for managing the disabled person’s affairs.

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FAQ

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.

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.

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.

All of these steps will typically take 1 - 2 months. If an emergency Guardianship situation exists, the Court can appoint a Temporary Guardian for up to 60 days while the Court considers the situation.

$33,782 is the 25th percentile. Salaries below this are outliers. $61,862 is the 75th percentile.

How does Guardianship Work in Illinois for Disabled Adults? 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.

To obtain temporary guardianship, a Petition for Temporary Guardian must be completed and filed. The person asking the court to appoint a guardian is considered the petitioner. The individual with disabilities or the older adult is the respondent. The petition must explain why a temporary guardian is necessary.

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Illinois Petition For Guardian (Disabled Person)