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Illinois Probate Act 755 ILCS 5/11-6: Venue

If a person, whether child or adult, is in need of someone to take care of them and their affairs, the court can appoint a guardian to do so. The process involves anyone wishing to serve as guardian filing a petition with the court. However, when petitioning the court to be appointed guardian, there are procedures that must be followed. Otherwise, your petition may be dismissed. One of the most important procedural requirements is that you file the petition with the proper court. If you have questions about the process for filling a petition to be become a guardian, including the requirements of Illinois Probate Act, section 11-6- Venue, contact a skilled Chicago estate attorney at the Law Offices of Stephen Bilkis & Associates who has the experience and resources to ensure that your petition is properly filed.

Petition for Guardian of Minor

It is critical that you file your petition in the probate court that has jurisdiction over the matter. According to Illinois Probate Act, section 11-6- Venue, if the child is an Illinois resident, the petition must be filed in the court of the county in which he resides. If the minor is not an Illinois resident, the proceeding must be filed in the court of a county in which he or she owns real or personal property.

Even if you are a relative of the minor, in order to be named the legal guardian, you must first petition the court. The petition must include information such as the child’s name, date of birth, and residence; the name and address of the child’s nearest relatives—such as parents or siblings; the child’s address; the name and address of the person who has custody of the child; the value of the child’s property; the name and address of the proposed guardian; and a copy of any written designation of a guardian such as a will. To ensure that your petition is properly completed, contact an experienced Chicago estate attorney.

In addition, notice must be served on interested parties. This would include the parents or the nearest relatives, and any person who has legal custody. The notice must provide the date, time, and place of the hearing.

If the court approves a petition, it will issue the guardian “letters” and will require the guardian to file a bond.

Who may act as Guardian

Because of the importance of the job and because of what is at stake, Illinois has specific requirements as to who may serve as a guardian to a minor or a disabled individual. Under the Illinois Probate Act, the following are the minimum qualification to be appointed guardian:

  • The petitioner must be an adult. This means that the petitioner must be at least 18 years old.
  • The petitioner must be a resident of the United States.
  • The petitioner must be not be mentally incapacitated.
  • The petitioner must be must not have a disability as defined by the statute.
  • The petitioner must be must not be a convicted felon. However, the court will make an exception to this rule if it is in the best interests of the child.

If you have questions related to qualifying to serve as a guardian, contact an experienced estate lawyer in Chicago.

Duties of a Guardian

There are two types of guardians: a guardian of the person and guardian of the estate. A guardian of the person is responsible for the minor’s care, comfort, health, and. A guardian of the estate must care for, manage, and invest the minor’s property. In some cases one person serves both roles, while in other cases there are separate guardians.

Related Statutory Provisions

  1. Appointment of standby guardian : Illinois Probate Act, 755 ILCS 5/11-5.3
  2. Short-term guardian: Illinois Probate Act, 755 ILCS 5/11-5.4
  3. Visitation rights: Illinois Probate Act, 755 ILCS 5/11-7.1
Illinois Probate Act, Section 11-6- Venue

If the minor is a resident of this State, the proceeding shall be instituted in the court of the county in which he resides. If the minor is not a resident of this State, the proceeding shall be instituted in the court of a county in which his real or personal estate is located.

Contact the Law Offices of Stephen Bilkis & Associates

During a proceeding for guardianship, there are a number of procedural rule and technical rules that must be followed, including rules related which court has jurisdiction over the matter. If you have questions related to jurisdiction, or any other technical or procedural requirement, it is important that you discuss the process with an experienced estate attorney serving Chicago who understands the requirements related to a guardianship proceeding, including the requirements of the Illinois Probate Act, section 11-6- Venue. The attorneys at the Law Offices of Stephen Bilkis & Associates have years of experience representing clients in matters related to guardianships, as well as other estate matters. 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.

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