The Illinois Petition For Appointment Of Guardian Of A Person With A Disability is a legal document used to petition for the appointment of a guardian for an adult or minor who is unable to make decisions on their own due to a disability. The petition is typically filed in the county in which the person with the disability resides. The petition is typically filed by a relative, friend, or other interested party on behalf of the person with the disability. There are two different types of Illinois Petition For Appointment Of Guardian Of A Person With A Disability: Petition for the Appointment of a Guardian of the Person and Petition for the Appointment of a Guardian of the Estate. The Petition for the Appointment of a Guardian of the Person relates to the guardian’s role in making decisions and providing care concerning the health, safety, and welfare of the person with the disability. The Petition for the Appointment of a Guardian of the Estate relates to the guardian’s role in managing the person’s estate, including their income, financial assets, and investments.
Illinois Petition For appointment of Guardian Of a Person With a Disability
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How to fill out Illinois Petition For Appointment Of Guardian Of A Person With A Disability?
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FAQ
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.
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.
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
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.
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.
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.
Once the case is filed, it usually takes from 14 days to two months for a decision to be reached by the court.