It is important that you submit your application for guardianship to the competent court, otherwise the application will be rejected due to filing in an inappropriate “jurisdiction”. Each county in Illinois has its own district court. The application must be filed in the defendant`s district of residence. If the defendant is not an Illinois resident, the petition must be filed in the county where the defendant`s property is located. In adult guardianship cases, the applicant must serve a summons on the defendant at least 14 days before the guardianship hearing. The hearing must take place at least 30 days after the application is filed. In the summons, the defendant is informed of the date and time of the hearing. The Illinois Estates Act (744 ICLS 5/11a(10(e)) requires that the summons contain specific legal language informing the defendant of his or her rights. Adult guardianship proceedings are court proceedings in which a person is responsible for personally caring for and managing the finances of a mentally incompetent adult. To initiate adult guardianship proceedings in Illinois, the person seeking to be appointed guardian must file an application for guardianship with the appropriate court. The purpose of this article is to explain how to prepare and file for adult guardianship in Illinois. For a broader overview of the adult guardianship process, check out our previous article: Adult Guardianship Explained in Illinois. If there is a reason why you cannot get a medical report before submitting your application, for example: the defendant`s refusal to be tested, you can submit your application without an accompanying report and ask the court to make an order requiring the respondent to undergo a medical examination in order to obtain a medical opinion.
A “doctor`s report” (also known as a “doctor`s affidavit”) must be filed with the application for guardianship. The medical report is a physician`s decision that the respondent is incapable of making competent decisions on his or her own. Thank you for your comments. Since there are 102 counties in Illinois and each potentially has its own shapes, it is unfortunately difficult for us to cover the differences in each county. That`s why we`re working with the Illinois Supreme Court on national forms. However, there are still no guardianship forms at the national level. We encourage you to contact the Will County Circuit Clerk for their forms and procedures. NOTICE TO GUARDIAN OF AN ADULT WITH A DISABILITY: Notice to guardian of an adult with a disability explains the duties and responsibilities of a person acting as guardian of an adult with a disability. Training is available from the State Guardian`s Office in onenet.illinois.gov/Guardianship The report must be signed by a licensed physician who has examined the respondent within the last three months, as well as any other person who assisted the physician in preparing the report.
An application for guardianship must contain the following information if known or reasonably verifiable: A petition and order will be provided to assist in the appointment of a successor guardian following the death, resignation or removal of a guardian. Please see the disclaimer below.** Kevin O`Flaherty is a graduate of the University of Iowa and Chicago-Kent College of Law. He has experience in litigation, estate planning, insolvency, real estate and comprehensive corporate representation.