An Illinois Summons For appointment of Guardian For alleged Disabled Person is a legal document used in Illinois to appoint a guardian for a person who is believed to be unable to manage their own affairs. This is commonly used in cases where the alleged disabled person is a minor or elderly adult. The summons is issued to the alleged disabled person and their family, and it notifies them of a hearing to determine the need for a guardian. There are two types of Illinois Summons For appointment of Guardian For alleged Disabled Person: one for a minor and one for an elderly adult. Both summons is issued by a court and require the alleged disabled person to appear in court and answer questions regarding their need for a guardian. The summons also requires the family of the alleged disabled person to appear in court to provide evidence and testimony as to why a guardian should or should not be appointed.
Illinois Summons For appointment of Guardian For alleged Disabled Person
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FAQ
In a guardianship for disabled adults in Illinois, a court formally adjudicates an individual mentally incompetent and appoints a legal guardian to be responsible for the personal and/or financial decisions of the mentally disabled individual.
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.
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.
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.
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.
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