Illinois Standby Guardianship Guide

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US-ADOP6
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Description

This fact sheet defines the provisions of most standby guardian laws. Additionally, it broadly defines: how to establish a standby guardian, who can nominate a standby guardian, how the guardian s authority is activated, the involvement of the non-custodial parent, the relationship between authority of the parent and the standby, and withdrawing guardianship.

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FAQ

Ing to Section 11a-5, a standby guardian is someone who has been appointed by the court as the person who will act as guardian of the disabled person when the disabled person's guardian dies or is no longer willing or able to make and carry out day-to-day care decisions concerning the disabled person.

Once the case is filed, it usually takes from 14 days to two months for a decision to be reached by the court. The fact that a temporary guardian may have been appointed does not determine whether a permanent guardian will be appointed.

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.

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.

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.

Guardianship Salary in Illinois Annual SalaryMonthly PayTop Earners$184,599$15,38375th Percentile$184,100$15,341Average$145,178$12,09825th Percentile$104,200$8,683

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Illinois Standby Guardianship Guide