Illinois Probate Act 755 ILCS 5/11-10.1: Procedure for Appointment of a Standby Guardian or a Guardian of a Minor
The role of a guardian is the care of the ward or the ward’s property because the minor’s parents are unwilling or unable to care for the minor. A minor is defined as a person who has not attained the age of 18 years. A standby guardian is someone who a parent designates to take care of his or her child when the parent is no longer willing or able to make and carry out day-to-day child care decisions. There are specific procedures related to the appointment of a standby guardian of a minor. If you have questions related to appointing a guardian, including the requirements of Illinois Probate Act, section 10-10.1- Procedure for appointment of a standby guardian or a guardian of a minor, contact an experienced estate attorney in Chicago at the Law Offices of Stephen Bilkis & Associates.Qualifications to Serve as Guardian
If you are considering becoming a guardian or naming a standby guardian, it is important that your first understand the requirements. First, the guardian cannot be a minor. He or she must be at least 18 years old. The person must also be a resident of the United States, must not be mentally incapacitated, and must not have a disability. Generally speaking, the person cannot be a convicted felon. However, under certain circumstances the court will appoint a guardian who has a felony record. If you have questions related to qualifying to serve as a guardian, contact an experienced Chicago estate lawyer.Procedure for Appointment of a Standby Guardian or a Guardian of a Minor
If you would like the court to appointment you as a standby guardian or a guardian, you must file a petition with the court and include all of the requested information. In addition, under Illinois Probate Act, section 11-10.1- Procedure for appointment of a standby guardian or a guardian of a minor, if the minor that needs a guardian is at least 14 years old, the petitioner must give notice of the time and place of the hearing on the petition. Notice must also be given to the relatives and the short-term guardian of the minor. Such notice must be given not less than 7 days before the hearing.
In determining whether to grant a petition, the court will not only determine if the petitioner meets the minimum qualifications. The court will also consider who the parents designated in a will or other writing to serve as guardian. In addition, if the child is at least 14 years old, the court will consider his or her wishes as to who should serve as guardian.Responsibilities of a Guardian
Before a standby guardian may act, he or she must give a bond. A bond is a type of insurance designed to protect the ward and the ward’s assets from the mistakes or malfeasance of a guardian. Once the guardian is appointed and the bond given, under the direction of the court, the guardian’s responsibilities include:
- Custody, nurture and tuition and shall provide education of the ward
- Care, management and investment of the ward’s estate. The guardian must manage the ward’s estate frugally and must apply the income and principal of the estate so far as necessary for the comfort, support, and education of the ward.
- Appear for and represent the ward in court and for all other legal proceedings unless another person is appointed for that purpose as representative or next friend.
- Upon the approval of the court, the guardian of a minor child may remove the child from Illinois if it is in the best interests of the child.
If you have questions related to the authority of a guardian, discuss your concerns with an experienced Chicago estate lawyer.Related Statutory Provisions
- Who may act as guardian : Illinois Probate Act, 755 ILCS 5/11-3
- Appointment of standby guardian : Illinois Probate Act, 755 ILCS 5/11-5.3
- Duties of standby guardian of a minor : Illinois Probate Act, 755 ILCS 5/11-13.1
- Duties of short-term guardian of a minor : Illinois Probate Act, 755 ILCS 5/11-13.2
(a) Unless excused by the court for good cause shown, it is the duty of the petitioner to give notice of the time and place of the hearing on the petition, in person or by mail, to the minor, if the minor is 14 years, or older, and to the relatives and the short-term guardian of the minor whose names and addresses are stated in the petition, not less than 7 days before the hearing, but failure to give notice to any relative is not jurisdictional.
(b) In any proceeding for the appointment of a standby guardian or a guardian the court may appoint a guardian ad litem to represent the minor in the proceeding.
Circumstances requiring the appointment of a guardian to a minor are always difficult for the minor. To ensure that the best interests of the minor are met, it is important that all procedures are followed and that the prospective guardian is qualified. If you have questions about the process, it is important that you discuss your concerns with an experienced estate attorney serving Chicago who is familiar with the legal issues, including the requirements of the Illinois Probate Act, section 11-10.1- Procedure for appointment of a standby guardian or a guardian of a minor. The attorneys at the Law Offices of Stephen Bilkis & Associates have years of experience representing clients in estate matters before the Illinois Probate Court, including matters relating to appointment of guardians and standby guardians. Contact an attorney in our office attorneys at 855-454-5529 to schedule a free, no obligation consultation regarding your case. We serve individuals throughout Chicago.