Illinois Guardianship of a Minor is a legal process in which an adult is appointed by a court to be responsible for the care, control, and maintenance of a minor. The guardian is responsible for making decisions on behalf of the minor, providing for their physical and emotional needs, and managing their finances and property. There are two types of guardianship in Illinois: Guardianship of the Person and Guardianship of the Estate. Guardianship of the Person is the legal responsibility to care for the health, education, and general welfare of the minor, including the decision-making authority to act on behalf of the minor. Guardianship of the Estate is the legal responsibility to manage the minor's finances and property, including the authority to collect and manage the minor's income and assets.
Illinois Guardianship of a Minor
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FAQ
(a) The guardian of the person shall have the custody, nurture and tuition and shall provide education of the ward and of his children, but the ward's spouse may not be deprived of the custody and education of the spouse's children, without consent of the spouse, unless the court finds that the spouse is not a fit and
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
Once the case is filed, it usually takes from 14 days to two months for a decision to be reached by the court.
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.
The proper forms for obtaining a guardianship are available in the Office of the Clerk of the Circuit Court. The forms must be filled out before you appear in court.
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.
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.