Illinois Conservatorship Questionnaire

State:
Multi-State
Control #:
US-Q1007
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a conservatorship matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorney’s case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new client’s needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

A guardian can be responsible for a child or an incapacitated adult. Conservatorship, on the other hand, refers to the responsibility of another individual's estate. Unlike a guardian, a conservator only controls the finances and possessions of an incapacitated or disabled individual.

Powers and Duties of Guardian Take Possession of Estate Assets. ... Exercise Good Judgment, Good Faith, and Diligence. ... Avoid Co-Mingling of Assets. ... Work With the Courts. ... Insurance and Cash Deposits. ... Non-Cash Assets. ... Parents as Guardian of Minor Child's Estate. ... Scope of Authority.

In Illinois, the only way someone can be a guardian for a person who is eighteen years old or older is to be appointed by the circuit court. A parent's guardianship over his/her child stops automatically when the child turns eighteen.

Whoever is challenging competency, or who is seeking to have another declared incompetent by a court, will have to file a petition for guardianship in an Illinois court. This is a petition that asks the court to appoint someone, usually the person filing the petition, as the disabled person's guardian.

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.

Appointment of a guardian of an estate is made after a court hearing. The court looks at the medical records and other matters to decide whether it's in the best interest of the disabled person to appoint a guardian to manage that person's business and financial affairs.

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.

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Illinois Conservatorship Questionnaire