Illinois Sample Letter regarding Petition to Appoint New Conservator
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How to fill out Sample Letter Regarding Petition To Appoint New Conservator?
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FAQ
Appointment of a conservator is made after court hearings. The court looks at the medical records and other matters to decide whether it's in the best interest to appoint a conservator for managing a person's affairs. The court also evaluates the conservator's capabilities in handling the affairs of the conservatee.
If you want to change or end a guardianship, you will have to file a petition with the court where the guardianship was started. You must be the person who is subject to guardianship, a family member, or some other interested person. This means the guardianship has to affect you in some way.
If there is an emergency situation requiring a guardian to be appointed before the hearing on the guardianship petition can be completed, one can ask the court to appoint a temporary guardian until the hearing. A petition for temporary guardianship should be prepared, along with a proposed order for the judge to sign.
A petition to appoint a new guardian may be filed without payment of a new filing fee. Notice or consent is required in the same manner as when the original petition for guardianship was filed.
Two basic types of guardianship are "person guardianship" and "estate guardianship". A "guardian of the person" is appointed by the court when a disabled individual cannot make or communicate responsible decisions regarding his personal care.
A petition and order are provided to assist in naming a successor guardian upon the death, resignation or removal of a guardian. Guardianship terminates upon death of the ward. A petition to notify the court of the ward's death and close the guardianship case is attached.
While we can't advise you on Illinois law in particular, the general rule is that if you and your husband are your son's co-guardians, you must work together and come to a consensus on your son's care and living arrangements. If you can't agree, you'll have to go to court and ask the judge to make a decision.
The individual receiving care or financial assistance is often referred to as a ?ward.? Typically, guardianship applies to minors under the age of 18, and conservatorship refers to elderly or mentally disabled persons who are not capable of making effective financial decisions for themselves.
