The Illinois Affidavit of Petitioning Guardian of the Person for a Minor Child is a legal document that is used in the State of Illinois when a person wishes to become the legal guardian of a minor child. The affidavit is used to provide evidence of the petitioner’s qualifications and intentions to serve as the guardian of the minor child. The affidavit is typically submitted with the court petition for guardianship. There are two types of Illinois Affidavit of Petitioning Guardian of the Person for a Minor Child: the Temporary Affidavit and the Permanent Affidavit. The Temporary Affidavit is used when a temporary guardianship is requested, and the Permanent Affidavit is used when a permanent guardianship is requested. The Illinois Affidavit of Petitioning Guardian of the Person for a Minor Child must be completed and signed by the petitioner, and must include information that verifies the petitioner’s relationship to the minor child, the petitioner’s qualifications to serve as a guardian, and the petitioner’s intentions and plans for the minor child’s care. The affidavit must also include a detailed list of assets and liabilities of the minor child. The signature of the petitioner must be notarized.
Illinois Affidavit of Petitioning Guardian of the Person for a Minor Child
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How to fill out Illinois Affidavit Of Petitioning Guardian Of The Person For A Minor Child?
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FAQ
Once the case is filed, it usually takes from 14 days to two months for a decision to be reached by the court.
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.
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.
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.
Petition Obtain a Petition for Guardianship of a Minor form from the Pro- bate Clerk in the Circuit Clerk's Office in the Lake County Courthouse. Complete all information requested on the Petition and bring it to the Probate Clerk and pay the filing fee.
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.
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.