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Illinois Statement of Right To Petition Termination Guardianship Or Modify Duties

State:
Illinois
Control #:
IL-SKU-1314
Format:
PDF
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Description

Statement Of Right To Petition Termination Guardianship Or Modify Duties

The Illinois Statement of Right to Petition Termination Guardianship or Modify Duties is a legal document that provides a clear set of rights to guardians and their wards when it comes to petitioning, terminating, or modifying a guardianship. This document was created to protect the rights of both the guardian and the ward, and to ensure that the decisions made are in the best interest of the ward. There are two types of rights outlined in the Illinois Statement of Right to Petition Termination Guardianship or Modify Duties. The first is the right of the guardian to petition the court to terminate or modify the guardianship, either at any time or upon the ward’s request. This includes the right to request a termination of the guardianship, or to modify the duties the guardian is responsible for. The second type of right is the right of the ward to petition the court to terminate or modify the guardianship. This includes the right to request a termination of the guardianship, or to modify the duties the guardian is responsible for. In order to exercise these rights, the guardian or ward must file a petition with the court. The petition must include the reasons for the request, and the court will then consider the request and make a decision.

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FAQ

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.

No person shall be appointed who has been convicted of a felony involving harm or threat to a minor or an elderly person or a person with a disability, including a felony sexual offense.

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 parent may file a petition seeking discharge of the guardian. If the guardian or any interested person opposes the parent's petition, the court will conduct a hearing before making a determination on the parent's petition.

Once the case is filed, it usually takes from 14 days to two months for a decision to be reached by the court.

Legal guardianship lets someone that is not a parent make decisions for a child, just as a parent would. The person with authority to make decisions about a child's care or property is called the child's guardian. The guardian does not have to be related to the child.

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.

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.

More info

The Right to and Role of Counsel Is Essential to the Initiation of a Restoration. Petition, as Well as the Successful Termination of a Guardianship.Forms to End a Guardianship ; Petition for Termination of Guardianship (Probate — Guardianships and Conservatorships). This booklet is intended to be a guide, and includes information regarding guardianship procedures, what forms to file, and duties of guardians. They need to have legal authority to make decisions for the person under guardianship (also called "incapacitated person"). A petition to appoint a new guardian may be filed without payment of a new filing fee. A petition to appoint a new guardian may be filed without payment of a new filing fee. A guardianship doesn't terminate or sever the parent's parental rights. (d) A statement to confer standing may be signed at any time during the pregnancy of the mother of the unborn child whose parental rights are to be terminated. The appointment of a guardian does not terminate a parent's rights.

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Illinois Statement of Right To Petition Termination Guardianship Or Modify Duties