In order to get Guardianship for a loved one in Illinois, there are several steps that need to be done. First, the family/friends of the alleged disabled individual should consult with an attorney to determine if a guardianship should even be considered. Second, the alleged disabled person should be seen by his/her attending physician to determine the level of incompetency. Third, a petition for Guardianship will need to be filed in the proper Guardianship Court and a return date will be set for an initial hearing. Fourth, the alleged disabled person will need to be served by a process server in order for the Guardianship Court to have personal jurisdiction over the alleged disabled person. Fifth, notice of the petition for Guardianship will need to be sent to all interested parties as defined by the Illinois Probate Act. Sixth, a Guardian Ad Litem may need to be appointed to interview the parties and make recommendations to the Court regarding the Guardianship.
All of these steps will typically take at least a few months. If an emergency Guardianship situation exists, the Court can appoint a Temporary Guardian for up to 60 days while the Court considers the situation. Also, if there is a dispute among the interested parties to the Guardianship about who should serve as the Guardian, litigation will likely commence to determine who should be the Guardian. This can add a considerable delay in setting up the Guardianship. In addition, there might be extra time needed to open a guardianship in the Cook County Guardianship courts due to the high volume of guardianship cases.
If you would like to find out more information about the Illinois guardianship process, visit our general Illinois guardianship page.
The Law Office of Kevin Williams, 2295 Bannister Lane, Aurora, IL 60504, (630) 898-4789