The Illinois Petition For Appointment of Temporary Guardian For Disabled Person is a legal document that can be used to request the appointment of a temporary guardian for a disabled person in the state of Illinois. This petition can be used to appoint a guardian for a person who is unable to make decisions on their own due to a physical or mental disability. It can also be used to appoint a guardian for a minor who is not yet legally an adult. The petition must be filled out and signed by the person requesting the appointment of a guardian. The petition must then be submitted to the court for review. There are two different types of Illinois Petition For Appointment of Temporary Guardian For Disabled Person: 1. Petition for Appointment of Temporary Guardian for Person: This petition is used to designate a temporary guardian for an adult who is unable to make decisions on their own due to a physical or mental disability. 2. Petition for Appointment of Temporary Guardian for Minor: This petition is used to designate a temporary guardian for a minor who is not yet legally an adult.
Illinois Petition For appointment of Temporary Guardian For Disabled Person
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FAQ
INITIATING THE LEGAL PROCESS. 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 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.
Illinois courts only grant guardianship of an adult if that person meets the legal definition of disabled. A disabled adult is someone who cannot make and communicate reasonable decisions about his or her personal affairs.
Once the case is filed, it usually takes from 14 days to two months for a decision to be reached by the court.
Plenary Guardianship - used when the "individual's mental, physical and adaptive limitations" necessitate a guardian who has the power to make all important decisions regarding the individual's personal care and finances. Plenary guardianship may be used for the person, the estate, or both.
Short-term guardian The parent or guardian does not need to go to court, but the agreement must be in writing. The agreement must be signed and witnessed by at least 2 people who are at least 18 years old. A witness cannot also be the person trying to be the short-term guardian.
Letters of office. Letters of office, which are certified proof of the guardian's appointment, are usually issued by the Probate clerk within a day or two of the appointment and are mailed to the petitioner's attorney or to the appointed guardian.
If the decedent dies without a Will, a Petition for Letters of Administration is filed. In this Petition a close family member or friend asks the court's permission to serve as the Administrator of the estate. The court will generally appoint this person as the estate's Administrator.