Illinois Probate Act 755 ILCS 5/11-14-1: Revocation of Letters
When a person is unable to care for themselves because that person is disabled, or because the person is a minor and his or her parents are unable or unwilling to care for him, then another person can step in and petition the court to serve as that person’s guardian. The minor or disabled under the care of a guardian is referred to as a ward, and the guardian is the ward’s representative. A minor is defined as a person who I less than 18 years old. In the case of an adult, the adult has a legal disability such that he or she is unable to care for him or herself. When the Probate Court approves a petition to serve as guardian, the court will issue the person a legal document called “letters.” If at some point the guardianship is no longer necessary or the guardian is no longer qualified, then the court has the power to revoke the letters. If you have questions about the procedure for becoming a guardian or having guardianship revoked, including the requirements of Illinois Probate Act, section 11-14.1- Revocation of letters, contact a skilled Chicago estate attorney at the Law Offices of Stephen Bilkis & Associates.Who may act as Guardian
When a loved one’s children are in need of care, or if a disabled loved one needs help, you may be ready and willing to step in as guardian. However, before petitioning the court it is important to understand the qualifications to become a legal guardian. Under Illinois Probate Act, section 11-3- Who may act as guardian, you must meet the following 5 minimum qualifications.
- At least 18 years old
- United States resident
- No mental incapacity
- No disability
- Not be a convicted felon, unless the appointment of a felon as guardian is in the best interests of the child
To serve as a legal guardian, you must first submit a petition to the court requesting to be appointed guardian. The petition must include detailed information about you, the ward, the ward’s family, and the ward’s estate. If the court approves the petition, it will issue you letters of guardianship. If you have questions related to whether you or someone else meets the requirements to serve as a guardian or questions about filing the petition, contact an experienced Chicago estate lawyer to discuss your concerns.Revocation of Letters
If a guardianship is no longer needed, the court will revoke the person’s letters, thereby revoking the person’s authority as guardian. Under Illinois Probate Act, section 11-14.1- Revocation of letters, two of the reasons that a guardian’s letters may be revoked are when a minor reaches the age of majority and upon the request of a parent.Majority. When child turn 18, the age of majority, the guardian’s letters will be revoked only as to that minor.Petition of parent. If the ward who is a minor has a living parent whose parental rights have not been terminated, the parent has the right to submit a petition requesting the termination of the guardianship. The parent must establish that there has been a material change in the circumstances of the minor or the parent has occurred since the entry of the order appointing the guardian such that the guardianship should be terminated. In deciding whether not to terminate a guardianship, the court will consider several factors including evidence that the parent has the ability to provide a safe, nurturing environment, that the parent is living a stable life, and that there are no problems related to the minor's adjustment to his or her home, school, and community.
For more information about the process for revoking letters, contact an experienced estate attorney in Chicago.Related Statutory Provisions
- Who may act as guardian: Illinois Probate Act, 755 ILCS 5/11-3
- Petition for guardian of minor: Illinois Probate Act, 755 ILCS 5/11-8
- Successor guardian: Illinois Probate Act, 755 ILCS 5/11-18
(a) Upon the minor reaching the age of majority, the letters of office shall be revoked only as to that minor and the guardianship over that minor shall be terminated. The letters of office and the guardianship shall remain as to any other minors included in the same letters of office or guardianship order.
(b) Upon the filing of a petition by a minor's living, adoptive, or adjudicated parent whose parental rights have not been terminated, the court shall discharge the guardian and terminate the guardianship if the parent establishes, by a preponderance of the evidence, that a material change in the circumstances of the minor or the parent has occurred since the entry of the order appointing the guardian; unless the guardian establishes, by clear and convincing evidence, that termination of the guardianship would not be in the best interests of the minor. In determining the minor's best interests, the court shall consider all relevant factors including:
(1) The interaction and interrelationship of the minor with the parent and members of the parent's household.
(2) The ability of the parent to provide a safe,nurturing environment for the minor.
(3) The relative stability of the parties and the minor.
(4) The minor's adjustment to his or her home, school, and community, including the length of time that the minor has lived with the parent and the guardian.
(5) The nature and extent of visitation between the parent and the minor and the guardian's ability and willingness to facilitate visitation.Contact the Law Offices of Stephen Bilkis & Associates
The Probate Court will appoint a guardian or revoke a guardianship only after careful consideration of all the evidence and determining what is in the best interest of the child or adult at issue. This means that there are circumstances that would require that the court revoke a guardian’s authorization to serve as guardian. If you have questions related to the revoking the authority of a guardian, it is important that you discuss the process with an experienced estate attorney serving Chicago who is familiar with the process, including the requirements of the Illinois Probate Act, section 11-14.1- Revocation of letters. 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 guardianships. 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.