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Illinois Petition For appointment of Guardian For Disabled Person

State:
Illinois
Control #:
IL-SKU-0134
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PDF
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Description

Petition For appointment Of Guardian For Disabled Person

The Illinois Petition for Appointment of Guardian for Disabled Person is a legal document used to initiate a guardianship of a disabled person in the state of Illinois. This document is necessary for a court to appoint a legal guardian for an individual who is either mentally or physically incapacitated and unable to make decisions on their own. There are two main types of Illinois Petition for Appointment of Guardian for Disabled Person. The first type is the Petition for Appointment of Guardian under the Probate Act, which provides for the appointment of a guardian for an individual who is mentally incapacitated or unable to care for themselves. The second type is the Petition for Appointment of Guardian under the Mental Health and Developmental Disabilities Code, which applies to individuals who are mentally or physically disabled or developmentally delayed. The Petition must be filed in the Circuit Court of the county where the disabled person resides, and must include information such as the disabled person's name, age, residence, disability, and the proposed guardian's name and address. After the Petition is filed, a hearing will be held where the court will determine if the proposed guardianship is in the best interest of the disabled person. Following the hearing, the court may issue an Order of Appointment of Guardian, and the individual will then be legally represented by the appointed guardian.

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FAQ

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.

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 in Illinois Guardianship Proceedings Letters of Office is a document issued by the court to show to third parties that the guardian has power to make decisions on behalf of the ward. These will typically be prepared by the guardian and presented to the judge's clerk for issuance and filing.

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.

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.

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.

More info

Legal forms for Guardianship. (Attach a separate sheet if more space is needed.) 8.Disabilities or persons living in residential facilities. How is a guardian appointed? A family member or other concerned person may petition the Probate Court to establish a guardianship. Probate07\Petition for Appt. How is a guardian appointed? A family member or other concerned person may petition the Probate Court to establish a guardianship. Probate07\Petition for Appt. Instructions for Petition for Appointment of Guardian,.

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Illinois Petition For appointment of Guardian For Disabled Person