Ill. R. Cir. Ct. Will Cnty. 10.08

As amended through September 23, 2024
Rule 10.08 - Guardianship for Disabled Adults
A. Time of Filing Petition for Appointment of a Temporary Guardian

A petition for appointment of a temporary guardian for an alleged disabled person under Section 11a-4 shall be filed at the time of or subsequent to the filing of a petition for adjudication of disability and appointment of a guardian. The petition shall state the facts upon which it is based and the name, the post office address and, in the case of an individual, the age and occupation of the proposed temporary guardian.

B. Required Notice (Temporary Guardian)

Unless waived by the court, notice of the time and place of the hearing on a petition for temporary guardian shall be given by mail or in person to the alleged disabled person and to those persons whose names and addresses are listed in the petition for adjudication of disability and appointment of a guardian under Section lla-8, not less than three (3) days before the hearing.

C. Required Notice (Temporary Guardian - Revocation)

Unless waived by the court, notice of the time and place of the hearing on a petition to revoke the appointment of a temporary guardian shall be given by mail or in person to the temporary guardian, to the petitioner on whose petition the temporary guardian was appointed and to those persons whose names and addresses are listed in the petitions for adjudication of disability and appointment of a guardian under Section 11a-8, not less than three (3) days before the hearing.

D. Expenditure of Funds from Estate

A petition to expend funds from a ward's estate shall state the purpose for which the proposed expenditure is required, the value of the estate at the time of presenting the petition, the annual income available to the ward, and the amount of the last authorization for an expenditure on behalf of the ward for the same purpose.

E. Stating of Income Available

In stating the annual income available to the ward, the petition shall list payments being received by the ward or by the petitioner either individually or as guardian on behalf of the ward, including Social Security payments, disability payments, payments from the Veterans Administration or other governmental agency or department, relief or other assistance from a charitable or relief organization, payments from a trust or custodianship, and payments from one having an obligation to support the ward.

F. Property

Property of a ward held jointly with another person or persons shall be segregated from the property of the ward's estate and to the extent the property of a ward's estate. To the extent the property of a ward's estate is sufficient, joint property shall not be applied for the maintenance and support of the ward, except under order of the court for good cause shown.

G. Modification of Duties or Discharge of Guardian

In addition to the requirements of the Probate Act, not less than fourteen (14) days notice of a hearing on a petition for discharge or modification of duties of a guardian of a disabled person shall be given to the nearest relatives of the disabled person in the following order:

(i) To the spouse and adult children, if any; or if none,
(ii) To the parents and adult brothers and sisters, if any; or if none,
(iii) To the nearest adult kindred.
H. Petitions Filed Under The Provisions of Section 11a-18 (a-5) of The Probate Act.
1. Upon filing a petition under the provisions of Section 11a-18 (a-5) of the Probate Act, the petitioner shall certify to the Court that to the best of the petitioner's knowledge and belief all interested persons have been given notice of such hearing. Such notice shall be given at least 14 days before such hearing is held unless otherwise excused by the Court.
2. Upon filing a petition under the provisions of Section 11a-18 (a-5) of the Probate Act, unless waived by the Court, a guardian ad litem shall be appointed by the Court for the ward.

Upon filing a petition under the provisions of Section 11a-18 (a-5) of the Probate Act, unless waived by the Court, a guardian ad litem shall be appointed by the Court for the ward.

Ill. R. Cir. Ct. Will Cnty. 10.08

Effective 11/30/2015; Revised 10/1/2023.