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The biological parents of the minor who is under guardianship may petition to terminate the guardianship. To do so, the parent(s) must file a ?Petition to Discharge Guardianship of a Minor? with the county court where the child resides. Once the petition has been filed, a court hearing will be set.
A parent may file a petition seeking discharge of the guardian. If the guardian or any interested person opposes the parent's petition, the court will conduct a hearing before making a determination on the parent's petition.
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.
Guardianship in Illinois can be either temporary or permanent depending on factors like the child's age and circumstances. A minor guardianship typically ends when the child turns 18. But a court may order ?plenary? guardianship to last indefinitely or until a certain age beyond 18.
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.
In some situations, a guardianship is sought by one family member when another family member was appointed as agent for the principal. In Illinois, the Power of Attorney supercedes the guardianship.
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.