The Illinois Petition To Restore Disabled Person and Revoke Guardianship is a legal action to restore the rights of a disabled person that have been limited or taken away by a guardianship order. This petition can be used in cases where the disabled person wishes to reassert their rights as an adult and revoke the guardianship order. There are two types of Illinois Petition To Restore Disabled Person and Revoke Guardianship — one for adults over 18 and one for minors under 18. The petition requires the petitioner to provide evidence of the disabled person's capacity to make decisions and manage their own affairs. The petitioner must also provide a detailed description of the disabled person's current condition and the reasons for seeking to revoke the guardianship. Additionally, the court may require the petitioner to submit a plan for how the disabled person will be cared for and supported should the guardianship be revoked.
Illinois Petition To Restore Disabled Person and Revoke Guardianship
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FAQ
The biological parents of the minor who is under guardianship may petition to terminate the guardianship. To do so, the parent(s) must file a ?Petition to Discharge Guardianship of a Minor? with the county court where the child resides. Once the petition has been filed, a court hearing will be set.
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.
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.
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.
If the court adjudges a person to be a person with a disability, the court may appoint (1) a guardian of his person, if it has been demonstrated by clear and convincing evidence that because of his disability he lacks sufficient understanding or capacity to make or communicate responsible decisions concerning the care
The biological parents of the minor who is under guardianship may petition to terminate the guardianship. To do so, the parent(s) must file a ?Petition to Discharge Guardianship of a Minor? with the county court where the child resides. Once the petition has been filed, a court hearing will be set.
The guardianship ends automatically when the child turns 18. To become a plenary guardian, there must be a court case where the judge approves the guardianship.
To end the guardianship, you need to show that circumstances have significantly changed since the guardian was appointed. You must also show that it's in the minor's best interests to end the guardianship.