An Illinois Private Guardianship Order is an order issued by a court of law under the Illinois Probate Act that appoints an individual or entity as the guardian of a minor or incapacitated adult. It grants the guardian the authority to make decisions on behalf of the ward and be responsible for their care and protection. There are two types of Illinois Private Guardianship Order: guardianship of the person and guardianship of the estate. Guardianship of the person grants the guardian the authority to make decisions about the ward's medical care, education, and day-to-day living. Guardianship of the estate grants the guardian the authority to manage the ward's financial assets and property.
Illinois Private Guardianship Order
State:
Illinois
Control #:
IL-SKU-1070
Format:
PDF
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Private Guardianship Order
How to fill out Illinois Private Guardianship Order?
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FAQ
While we can't advise you on Illinois law in particular, the general rule is that if you and your husband are your son's co-guardians, you must work together and come to a consensus on your son's care and living arrangements. If you can't agree, you'll have to go to court and ask the judge to make a decision.
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. Sheriff's fees are $23.00 plus $. 40 per mile for service of the petition and guardianship summons on the respondent.
A "plenary guardianship" is a guardianship in which the court gives the guardian the power to exercise all legal rights and duties for the ward, after the court finds the ward to be incapacitated. The two main subsets of plenary guardianships are guardians of the person and guardians of the estate.
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.
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.
Two basic types of guardianship are "person guardianship" and "estate guardianship". A "guardian of the person" is appointed by the court when a disabled individual cannot make or communicate responsible decisions regarding his personal care.
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
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.
