The Illinois Petition for Guardian-Person Only is a legal document used to request the appointment of a guardian for an adult who has been determined to be incapable of making their own decisions. The petition must be filed in the court of the county where the petitioner lives. The petitioner must provide proof of residency and a doctor's diagnosis of the individual's incapacity. There are two types of Illinois Petition for Guardian-Person Only: Temporary Guardianship and Permanent Guardianship. A Temporary Guardianship is a temporary guardianship that can be requested for up to six months and is used for emergency situations. A Permanent Guardianship is a long-term guardianship that is requested for periods of six months or longer and requires a hearing. The Illinois Petition for Guardian-Person Only must include information on the petitioner, the incapacitated adult, and the proposed guardian. It must also include information about the adult's assets, medical condition, and living situation. The petitioner must also provide proof of the individual's incapacity. Once the petition is filed, the court will review the information and determine whether to appoint a guardian.
Illinois Petition for Guardian-Person Only
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How to fill out Illinois Petition For Guardian-Person Only?
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FAQ
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.
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.
A guardian may voluntarily resign as the guardian of a minor by signing a statement of resignation and presenting the statement of resignation to the court. The court may ask the guardian to explain what arrangements will exist for the care of the minor after the guardian is discharged.
Once the case is filed, it usually takes from 14 days to two months for a decision to be reached by the court.
Letters of Office in Illinois Guardianship Proceedings Letters of Office is a document issued by the court to show to third parties that the guardian has power to make decisions on behalf of the ward. These will typically be prepared by the guardian and presented to the judge's clerk for issuance and filing.
Petitioning costs in Cook County are $50.00 for filing for person only guardianship, $70.00 for estates up to $15,000.00 and $105.00 for estates in excess of $15,000.00. Sheriff's fees are $23.00 plus $. 40 per mile for service of the petition and guardianship summons on the respondent.