Although the process described in the Illinois Probate Act anticipates the appointment of guardians ad litem in all cases, many probate courts will waive this requirement for cause. Most counties in Illinois require the appointment of a guardian ad litem, a private attorney or trained professional charged with independently advising the court concerning the apparent need for guardianship. An individual facing a guardianship adjudication also has the right to request an independent medical evaluation, which must be paid from the funds of the alleged person with disabilities. In addition, the clerk of the court should be consulted to obtain copies of local court forms, and to learn about the scheduling of guardianship cases.Ī person facing a guardianship adjudication has the right to a court appointed attorney and a trial by a jury of six persons. When a person opts to petition for guardianship without representation by legal counsel, a regional Office of State Guardian attorney or a legal assistance agency may be consulted, in order to learn about specific practices or requirements in a particular court. The involvement of an attorney can be helpful where the alleged person with disabilities objects to guardianship or where complicated personal or financial issues are presented to the court. Attorney Representation and Other ProtectionsĪlthough an individual seeking guardianship for another may do so without the use of an attorney, the advice of legal counsel may be beneficial. It is up to the petitioner to assure that this is done it may be necessary to have other professionals contribute to the report if the physician is not familiar with all aspects of the person's life, or if the nature of the disability is outside the physician's area of expertise. The report should accurately reflect the skills and abilities of the person as well as deficits and problems. Total (plenary) guardianship should only be used when the person with disabilities is so incapacitated that he/she truly cannot make any decisions himself/herself. Since many Illinois physicians are unfamiliar with limited guardianship, it is important for the petitioner or his/her attorney to fully explore the potential for limited guardianship in each case regardless of the initial recommendation of the physician. The more detailed the report, the more likely it will contain all of the information legally required for the court's decision. the signatures of all persons who performed the evaluations upon which the report is based, one of whom shall be a licensed physician and a statement of the certification, license, or other credentials that qualify the evaluators who prepared the report.a recommendation as to the most suitable living arrangement and, where appropriate, treatment or habilitation plan for the respondent and the reasons therefore.an opinion as to whether guardianship is needed, and the reasons therefore.an analysis and results of evaluations of the respondents mental and physical condition and, where appropriate, educational condition, adaptive behavior and social skills, which have been preformed within 3 months of the date of the filing of the petition.a description of the nature and type of the respondent's disability, and an assessment of how the disability impacts on the ability of the respondent to make decisions or to function independently.It is important that the report contain all of the information required by paragraph 11a-9 of the Probate Act: One or more of the persons who sign the report may be needed later to testify in court. The report should be completed and signed by a licensed physician and any other professionals who are familiar with the person with disabilities. If the court does not have a pre-printed form, an attorney should be consulted. This is the court in the county where the person with disabilities resides. A pre-printed form for the report can usually be obtained from the Probate Clerk of the court where the guardianship proceeding would take place. Preliminary Stepsīefore starting a court proceeding, one must obtain a report certifying that the person is disabled and needs a guardian. If there are written rules in other courts, they can be obtained from the Probate Court Clerk. In Cook County, the rules are found in Part 12 of the general rules of practice for the Circuit Court of Cook County. Each county circuit court may also have its own practices or rules. The procedures for obtaining a court-appointed guardian are set forth in Section 11a of the Illinois Probate Act, 755 ILCS 5/1-1 et seq. A parent's guardianship over his/her child stops automatically when the child turns eighteen. In Illinois, the only way someone can be a guardian for a person who is eighteen years old or older is to be appointed by the circuit court.
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