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Frequently Asked Questions On Illinois Adult Guardianship Laws
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- What is an adult guardian under Illinois adult guardianship law?
- Under Illinois law, an adult guardian is a person who has been appointed by a judge to take care of an incompetent adult personally and/or manage that person's affairs.
- What are the steps in the Illinois adult guardianship process?
- The procedures for obtaining a court-appointed guardian are provided in Section 11a of the Illinois Probate Act, 755 ILCS 5/1-1 et seq. Each county circuit court may also have its own practices or rules. In Cook County, Chicago lawyers find the rules in Part 12 of the general rules of practice for the Circuit Court of Cook County. It will vary in other counties, but no matter where you are located, you must go through probate court.
- What types of guardianships are available under Illinois adult guardianship law?
- Under Illinois law, the types of adult guardianships are limited guardianship, plenary guardianship, temporary guardianship, successor guardianship, guardianship of the person,guardianship of the estate, and testamentary guardianship.
- Who can act as a guardian under Illinois guardianship laws?
- A person who is 18 years of age or older and is appointed by an Illinois circuit court.
- Which Illinois statutory acts deal with Illinois adult guardianship laws?
- The Illinois statutory acts which deal with Illinois adult guardianship laws are The Guardianship and Advocacy Act, The Health Care Surrogate Act, Power of Attorney Act, Power of Attorney for Health Care, and The Mental Health treatment Preference Declaration Act. Most of these forms are available for free online.