This means that whatever situation the parent was in that made the guardianship necessary is no longer the case, and the parent is fit to take care of their child. They'll also want proof the parent is "fit" or has been rehabilitated. If a parent asks that the child live with them again, the judge will need proof that the parent has a stable place to live, has a source of income, and can provide a good home for the child. What the child wants (if they're 12 or older).In the letter, appoint the other party as legal guardian to your children in the event of something happening to you. If ending the guardianship is in the child's best interest On a guardianship letter, include the names of both parties involved, as well as the names and birth dates of all children involved. It will also end if the child dies.Ī guardianship can also end when the guardian, the parents, or the child (if 12 or older) asks the judge to end the guardianship and the judge agrees. It will also end if the child is adopted, marries, enters the military, or is declared an adult (emancipated) by court order. A petition to notify the court of the ward’s death and close the guardianship case is attached.A guardianship either ends automatically or someone asks the judge to end itĪ guardianship ends automatically when a child turns 18. Guardianship terminates upon death of the ward. 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.Ī petition and order are provided to assist in naming a successor guardian upon the death, resignation or removal of a guardian. The guardian of a disabled person may designate in any written document, including a will, a person qualified to be appointed as standby guardian or successor standby guardian of the person or estate, or both, of the disabled person. A short-term guardian appointed by the guardian shall have authority to act as guardian of the disabled person for a cumulative total of 60 days during any 12 month period. The guardian of a disabled person may appoint in writing, without court approval, a short-term guardian of the disabled person to take over the guardian's duties, to the extent provided in Section 11a-18.3, each time the guardian is unavailable or unable to carry out those duties. The form may be attached to the most recent care plan.Ī petition and draft order are provided to facilitate placement of a ward in a residential facility. The Guardianship and Advocacy Commission makes no representation that the forms and information provided here will achieve the desired result, and disclaims any responsibility for consequences of use of the forms or information or action taken in reliance on the forms or information provided here.Ī report form detailing the ward’s condition, living arrangement, and services provided should be filed annually with the court. The judge must decide who will serve as the permanent guardian for the child and who best serves their interests.We do make reasonable efforts to ensure the accuracy of all information in our site, and to update information in a timely manner. Users who copy any materials from the Illinois Guardianship and Advocacy Commission’s site do so at their own risk, and the Commission assumes no responsibility for the accuracy of any copied materials due to unanticipated changes in the law.Any original writing found in the web site, such as the Practitioner’s Guide to Adult Guardianship in Illinois, may be copied and used, but only with proper attribution to the Illinois Guardianship and Advocacy Commission as the source of the writing.If you do not understand or are unclear about whether the booklet or forms are applicable to or helpful with your specific situation, you should talk to a licensed attorney. This form is used to ask the court for permission to sell real estate or personal property of a ward in either adult or minor guardianships. When reading the booklets keep in mind that the advice and information were created to assist readers with general issues, not specific situations, and do not serve as substitutes for the advice or representation of an attorney licensed to practice in the State of Illinois. Motion/License to Sell Real Estate/Personal Property in Guardianship or Conservatorship.
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