Illinois Overview of Probate Help Desk Procedure to Obtain Guardianship for a Minor is a process for appointing a legal guardian for a minor. The process includes filing a petition with the court, providing notice to the minor's parents or guardians, and attending a hearing before the court. The types of Illinois Overview of Probate Help Desk Procedure to Obtain Guardianship for a Minor include: 1. Petition for Appointment of Guardian — This is the first step in the process. The petitioner must file a petition with the court to request the appointment of a guardian for the minor. This petition must include a statement of facts, the name and address of the proposed guardian, and any other relevant information. 2. Notice to Parents — After the petition has been filed, the court must provide notice to the minor's parent or guardian. This notice must include the date, time, and location of the hearing. 3. Hearing — The court will hold a hearing to determine if the proposed guardian is suitable and if the appointment is in the best interest of the minor. During this hearing, witnesses may be called to testify and evidence may be presented to the court. 4. Appointment of Guardian — After considering all evidence and testimony presented at the hearing, the court will make a decision on whether to appoint the proposed guardian. If the court decides to appoint the guardian, the court will issue an order appointing the guardian. This order must be filed with the court and served on all parties involved.
Illinois Overview of Probate Help Desk Procedure to Obtain Guardianship for a Minor
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Short-term guardian The parent or guardian does not need to go to court, but the agreement must be in writing. The agreement must be signed and witnessed by at least 2 people who are at least 18 years old. A witness cannot also be the person trying to be the short-term guardian.
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
Petition Obtain a Petition for Guardianship of a Minor form from the Pro- bate Clerk in the Circuit Clerk's Office in the Lake County Courthouse. Complete all information requested on the Petition and bring it to the Probate Clerk and pay the filing fee.
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.
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.
Once the case is filed, it usually takes from 14 days to two months for a decision to be reached by the court.
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.