Illinois Oath of Guardian

State:
Illinois
Control #:
IL-SKU-4045
Format:
PDF
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Description

Oath of Guardian

The Illinois Oath of Guardian is a legal document that must be signed by a guardian when they are appointed by the court. The oath is a solemn declaration that the guardian will faithfully and honestly perform their duties according to the law, and will always act in the best interests of the ward. The oath is signed in front of a notary public or court clerk. There are two types of Illinois Oath of Guardian: Minor Guardianship Oath and Adult Guardianship Oath. The Minor Guardianship Oath is used when a guardian is appointed to care for a minor under the age of 18. The Adult Guardianship Oath is used when a guardian is appointed to care for an adult who is unable to make their own decisions. Both Oaths require the guardian to swear to obey the laws of the state of Illinois, to act in the best interests of the ward, and to faithfully discharge their duties as guardian.

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FAQ

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 of the person A guardian of the person is responsible for physical custody of the child and must provide food, shelter, education and ordinary medical care. A guardian of the person can consent to marriage, enlistment in the armed forces, and medical treatment.

In Illinois, as long as the parents are fit and have established custody over the children, it is completely in their discretion over whether or not to allow a grandparent to visit. The law still allows for non-parents to petition the court for visitation rights, but the burden of proof is high.

So, the answer to question ?at what age can a child choose not to visit the non custodial parent in Illinois?? is ?there is no exact age.? In Illinois, there is no magic age where a child can decide if they'll follow the court's visitation orders or not.

Generally, parents have every other weekend with the child, and perhaps more time during the week. There is no model visitation schedule in the law, and the parents are free to develop their own visitation schedule as long as it is in the best interest of their child.

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

Legal guardians of wards cannot simply eliminate or prevent visitation without potential repercussions from Illinois court. Anyone who is denied visitation by a guardian should seek the advice of counsel to determine whether a petition to allow visitation is necessary.

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.

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Illinois Oath of Guardian