Chicago Illinois Standby Temporary Guardian Legal Documents Package

State:
Illinois
City:
Chicago
Control #:
IL-ADOP3-PKG
Format:
Word; 
Rich Text; 
PDF
Instant download

Description

This package contains summaries of state laws and links to resources to assist with creating a standby guardianship. A standby guardian is a person appointed by a parent or court to represent the person or estate, or both, of the disabled person or minor child. A standby guardian may be someone who has been appointed by the court as the person who will act as guardian of the child when the child's parents die or are no longer willing or able to make and carry out day-to-day child care decisions concerning the child.



This package contains the following helpful information and forms:



Standby Guardianship - 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 authority of the guardian is activated, the involvement of the non-custodial parent, the relationship between authority of the parent and the standby, and withdrawing guardianship.



Grounds for Involuntary Termination of Parental Rights - This informational guide reviews State laws that detail the specific circumstances that must be present when a court terminates the legal parent-child relationship.



Online Resources for State Child Welfare Law and Policy - This guide provides links to websites where state statutes and regulations can be accessed and lists the parts of each state and territory's code that contain laws addressing child protection, child welfare, and adoption.



Power of Attorney for the Care and Custody of Child- This Power of Attorney is a form which provides for the appointment of an attorney-in-fact for the care of a child or children, including health care. This Power of Attorney form requires that the signature of the person giving another the power of attorney to be notarized.



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FAQ

The applicant may indicate siblings, or any member of the family or any other person or a registered institution for consideration as a guardian and in case of institutions, the conditions of eligibility of institutions shall be as stipulated in subregulations (3), (4) and (5).

At this writing in 2022, I bill Guardianship matters at $300/hour. An ?uncontested? Guardianship (where all peacefully agree or remain silent) can often be established for around $3,000, including all costs. I would not trust an attorney who bills far less than my rate, or will accept a flat fee.

To become a guardian in Illinois, a person must: Be at least 18 years old, Be a resident of the United States (some courts will appoint undocumented immigrants ), Be of sound mind , Not be legally disabled , and. Not have a felony conviction that involved harm or threat to a child.

To appoint a short-term guardian in Illinois, both parents have to agree to the short-term guardianship, unless one parent is deceased, cannot be found, is unwilling or unable to care for the child, or is an unmarried father whose paternity is not proven.

Legal guardianship lets someone that is not a parent make decisions for a child, just as a parent would. The person with authority to make decisions about a child's care or property is called the child's guardian. The guardian does not have to be related to the child.

According 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.

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. 755 ILCS 5/11a-17(c) and 45/2-10.

Termination of the guardianship. Your responsibilities as guardian will continue until the court relieves you of the obligation. This may occur upon the termination of the guardianship, upon the death of the ward, or upon your resignation or removal. This applies to both guardianships of the person and of the estate.

Typically, a court will reach its decision anywhere from 14 days to two months after the prospective guardian has petitioned. The entire process, including gathering all necessary records and information, generally takes at least a few months' time.

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Chicago Illinois Standby Temporary Guardian Legal Documents Package