Illinois Adult Guardianship Petition + Letters of Office Package

ILLINOIS ADULT GUARDIANSHIP — VERIFIED PETITION, NOTICES, AND LETTERS OF OFFICE PACKAGE

PART 1 — PRE-PETITION CHECKLIST (Counsel Worksheet — NOT FILED)

☐ Confirm respondent is 18 years of age or older and resides or is present in the filing county (755 ILCS 5/11a-3)
☐ Confirm respondent meets statutory definition of "person with a disability" under 755 ILCS 5/11a-2 (mental deterioration, physical incapacity, mental illness, developmental disability, gambling/idleness/debauchery/excessive intoxicants, or fetal alcohol syndrome/effects)
☐ Evaluate and DOCUMENT each less-restrictive alternative considered and rejected:
☐ Durable Power of Attorney for Property (755 ILCS 45/2-1 et seq.)
☐ Power of Attorney for Health Care (755 ILCS 45/4-1 et seq.)
☐ Health Care Surrogate Act decision-making (755 ILCS 40/)
☐ Representative Payee (SSA / VA)
☐ Supported decision-making arrangements
☐ Trust (revocable / special needs)
☐ Joint property arrangements
☐ Community / adult protective services referral
☐ Determine guardianship type required: Person / Estate / Both
☐ Determine scope: PLENARY or LIMITED (limited preferred per 755 ILCS 5/11a-3(b))
☐ Obtain physician's report compliant with 755 ILCS 5/11a-9 (dated within 3 months before filing; signed by licensed physician)
☐ Identify proposed guardian: qualifications under 755 ILCS 5/11a-5 (over 18, U.S. resident, not legally disabled, no felony involving harm/threat to ward)
☐ Identify nearest relatives (spouse, adult children, parents, adult siblings) for notice under 755 ILCS 5/11a-10
☐ Determine bond amount and surety required for estate guardian (755 ILCS 5/12-2 et seq.)
☐ Calculate filing fees and Cook County / county-specific surcharges
☐ Office of State Guardian referral analysis if no qualified private guardian available (20 ILCS 3955/)
☐ Prepare Statement of Rights (mandatory under 755 ILCS 5/11a-10(e))

PART 2 — VERIFIED PETITION FOR APPOINTMENT OF GUARDIAN FOR PERSON WITH A DISABILITY

IN THE CIRCUIT COURT OF THE [____________________] JUDICIAL CIRCUIT
[____________________] COUNTY, ILLINOIS — PROBATE DIVISION

VERIFIED PETITION FOR APPOINTMENT OF [☐ PLENARY] [☐ LIMITED] GUARDIAN OF THE [☐ PERSON] [☐ ESTATE] [☐ PERSON AND ESTATE]

NOW COMES Petitioner, [______________________], by and through counsel, and pursuant to 755 ILCS 5/11a-1 et seq., respectfully petitions this Court as follows:

1. Petitioner. Petitioner is [______________________], residing at [______________________], a reputable person over the age of 18 with the following relationship to Respondent: [______________________].

2. Respondent.

3. Jurisdiction and Venue. Respondent resides or is present in [____________________] County, Illinois, vesting this Court with jurisdiction pursuant to 755 ILCS 5/11a-3.

4. Nature of Disability. Respondent is a "person with a disability" as defined in 755 ILCS 5/11a-2 because (check all applicable):

☐ Mental deterioration not fully able to manage person or estate
☐ Physical incapacity not fully able to manage person or estate
☐ Mental illness
☐ Developmental disability
☐ Gambling / idleness / debauchery / excessive use of intoxicants or drugs
☐ Fetal alcohol syndrome or fetal alcohol effects

Specific diagnosis(es): [______________________]
Functional limitations: [______________________]
Date of onset / discovery: [__/__/____]

5. Necessity and Less-Restrictive Alternatives. Petitioner has considered the following less-restrictive alternatives and they are unavailable or inappropriate for the reasons stated:

Guardianship is being requested only to the extent necessitated by Respondent's actual mental, physical, and adaptive limitations, consistent with 755 ILCS 5/11a-3(b).

6. Type and Scope Requested.

☐ Plenary Guardian of the Person
☐ Limited Guardian of the Person — Specific powers requested: [______________________]
☐ Plenary Guardian of the Estate
☐ Limited Guardian of the Estate — Specific powers requested: [______________________]

7. Proposed Guardian.

Proposed Guardian is qualified under 755 ILCS 5/11a-5 and is willing to serve.

8. Estate of Respondent (if estate guardianship sought).

9. Nearest Relatives. The nearest relatives of Respondent, their post office addresses, and the persons with whom Respondent resides, are listed on Schedule A attached hereto (required by 755 ILCS 5/11a-8(d)).

10. Physician's Report. A report of a licensed physician who has examined Respondent within three (3) months before the filing of this Petition, conforming to 755 ILCS 5/11a-9, is attached as Exhibit 1.

11. Prior Filings. [☐ No prior guardianship proceeding has been filed concerning Respondent.] [☐ Prior proceeding(s): [______________________]]

12. Bond. Petitioner requests bond be set at $[__________] [☐ with] [☐ without] surety, consistent with 755 ILCS 5/12-2.

WHEREFORE, Petitioner prays this Honorable Court:

A. Adjudge Respondent a person with a disability under 755 ILCS 5/11a-2 by clear and convincing evidence;
B. Appoint a Guardian Ad Litem under 755 ILCS 5/11a-10(b);
C. Appoint counsel for Respondent if requested or if the Court determines representation will serve the best interests of Respondent under 755 ILCS 5/11a-10(b);
D. Appoint Petitioner (or such other qualified person) as [☐ Plenary] [☐ Limited] Guardian of the [☐ Person] [☐ Estate] [☐ Person and Estate];
E. Issue Letters of Office pursuant to 755 ILCS 5/11a-12;
F. Grant such other and further relief as is just and equitable.

VERIFICATION

Under penalties as provided by law pursuant to 735 ILCS 5/1-109, the undersigned certifies that the statements set forth in this Petition are true and correct, except as to matters therein stated to be on information and belief, and as to such matters the undersigned certifies as aforesaid that the undersigned verily believes the same to be true.

Submitted by:
[______________________], Attorney for Petitioner
ARDC No.: [______________________]
[Address / Phone / Email]

PART 3 — SCHEDULE A: NEAREST RELATIVES AND INTERESTED PERSONS (755 ILCS 5/11a-8(d))

☐ There is no living spouse, adult child, parent, or adult sibling. (If so, list the nearest adult kindred.)

PART 4 — PHYSICIAN'S REPORT (755 ILCS 5/11a-9) — EXHIBIT 1

Examining Physician: [______________________], M.D. / D.O.
Illinois License No.: [______________________]
Specialty: [______________________]
Date of Examination: [__/__/____]

1. Nature and Type of Disability: [______________________]
2. Mental and Physical Condition Assessment: [______________________]
3. Educational, Social, and Adaptive Behavior Evaluation: [______________________]
4. Capacity to Make and Communicate Decisions: [______________________]
5. Recommendation on Need for Guardianship: ☐ Plenary ☐ Limited (specify scope) ☐ None
6. Specific Areas Where Decisional Capacity Is Lacking:
☐ Medical / health care decisions
☐ Residential placement
☐ Activities of daily living
☐ Financial management — routine
☐ Financial management — complex / contracts
☐ Other: [______________________]
7. Recommended Least-Restrictive Form of Guardianship: [______________________]

PART 5 — NOTICE TO RESPONDENT WITH STATEMENT OF RIGHTS (755 ILCS 5/11a-10(e))

TO: [RESPONDENT FULL LEGAL NAME]

YOU HAVE BEEN NAMED AS THE RESPONDENT IN A PETITION ASKING THIS COURT TO DECLARE THAT YOU ARE A PERSON WITH A DISABILITY AND TO APPOINT A GUARDIAN OVER YOUR PERSON AND/OR ESTATE.

A hearing will be held on:
| Item | Detail |
|---|---|
| Date | [__/__/____] |
| Time | [____:____] [☐ a.m.] [☐ p.m.] |
| Courtroom | [______________________] |
| Judge | Hon. [______________________] |
| Address | [______________________] |

YOUR RIGHTS UNDER ILLINOIS LAW

1. Right to be present at the hearing.
2. Right to counsel of your own choice. If you cannot afford an attorney, the Court may appoint one for you at public expense if it determines that representation will serve your best interests (755 ILCS 5/11a-10(b)).
3. Right to a Guardian Ad Litem appointed by the Court to investigate and report.
4. Right to a jury trial of six (6) persons on the issue of whether you are a person with a disability (755 ILCS 5/11a-11).
5. Right to confront and cross-examine witnesses.
6. Right to present evidence on your own behalf, including expert testimony.
7. Right to an independent medical examination at public expense if indigent.
8. Right to request a closed hearing.
9. Right to require that disability and need for guardian be proven by CLEAR AND CONVINCING EVIDENCE.
10. Right to request limited rather than plenary guardianship.
11. Right to seek modification, restoration, or termination of guardianship at any time (755 ILCS 5/11a-22).
12. Right to nominate a guardian of your own choosing whom the Court must consider.
13. Right to challenge the qualifications of any proposed guardian.

EFFECT OF ADJUDICATION

If the Court adjudges you to be a person with a disability and appoints a guardian, you may lose the right to make decisions about where you live, your medical care, your finances, contracts, marriage, and other important matters, to the extent specified in the Court's order.

PART 6 — NOTICE TO INTERESTED PERSONS (755 ILCS 5/11a-10)

TO: ALL NEAREST RELATIVES AND PERSONS WITH WHOM RESPONDENT RESIDES LISTED IN SCHEDULE A

Please take notice that a Petition for Appointment of Guardian for an alleged person with a disability has been filed in the above-captioned matter. A hearing is set for [__/__/____] at [____:____] [☐ a.m.] [☐ p.m.] in Courtroom [______________________] before the Hon. [______________________].

You may attend the hearing and present evidence. A copy of the Petition is attached.

PART 7 — ORDER APPOINTING GUARDIAN AD LITEM (755 ILCS 5/11a-10(b))

The Court, on its own motion, finds it necessary to appoint a Guardian Ad Litem to interview Respondent, inform Respondent of the contents of the Petition and Respondent's rights, and report to the Court.

IT IS ORDERED:

1. [______________________], Esq., is appointed Guardian Ad Litem for Respondent.
2. The GAL shall personally visit Respondent and provide the report required by 755 ILCS 5/11a-10(b) not less than three (3) days before the hearing.
3. The GAL shall be compensated at the rate of $[__________] per hour, to be paid from [☐ the estate of Respondent] [☐ public funds if Respondent is indigent].

PART 8 — LESS RESTRICTIVE ALTERNATIVE ANALYSIS (Supporting Memorandum)

Pursuant to 755 ILCS 5/11a-3(b), guardianship "shall be ordered only to the extent necessitated by the individual's actual mental, physical and adaptive limitations." Petitioner submits the following analysis:

A. Decision-Making Domains Assessed:

1. Medical decisions: [______________________]
2. Residential decisions: [______________________]
3. Financial — routine (bills, banking): [______________________]
4. Financial — major (real estate, contracts, litigation): [______________________]
5. Social / personal relationships: [______________________]
6. Vocational / educational: [______________________]

B. For Each Domain Where Capacity Is Retained:
The proposed guardianship preserves Respondent's right to make decisions in the following domains: [______________________]

C. Supports Considered:

• Supported decision-making facilitator: ☐ Considered ☐ Available ☐ Adopted
• POA (existing or could be executed): ☐ Existing ☐ Capacity to execute ☐ Adopted
• Representative payee: ☐ Considered ☐ Adopted
• Other community resources: [______________________]

PART 9 — BOND (755 ILCS 5/12-2 et seq.)

OATH AND BOND OF GUARDIAN

I, [______________________], having been appointed Guardian of the [☐ Person] [☐ Estate] of [RESPONDENT NAME], do solemnly swear (or affirm) that I will faithfully discharge the duties of the office according to law.

Bond Amount: $[__________]
Surety: [☐ Personal] [☐ Corporate: [______________________]]
Bond Approved by Court: [__/__/____]

PART 10 — NOTICE OF HEARING

NOTICE IS HEREBY GIVEN that a hearing on the Verified Petition for Appointment of Guardian will be held on:

PART 11 — ORDER ADJUDICATING DISABILITY AND APPOINTING GUARDIAN (755 ILCS 5/11a-12)

The matter coming on for hearing on the Verified Petition, Respondent [☐ being present in person] [☐ being represented by counsel] [☐ being represented by Guardian Ad Litem]; the Court having considered the Petition, the Physician's Report under 755 ILCS 5/11a-9, the GAL Report, and the evidence presented; and the Court being fully advised in the premises;

THE COURT FINDS by clear and convincing evidence:

1. Respondent is a "person with a disability" within the meaning of 755 ILCS 5/11a-2 by reason of [______________________].
2. Respondent because of such disability [☐ lacks sufficient understanding or capacity to make or communicate responsible decisions concerning the care of his/her person] [☐ is unable to manage his/her estate or financial affairs].
3. Less restrictive alternatives have been considered and are unavailable or inappropriate.
4. [______________________] is qualified under 755 ILCS 5/11a-5 to serve as guardian.

IT IS ORDERED:

A. Respondent is adjudicated a person with a disability.
B. [______________________] is appointed [☐ Plenary] [☐ Limited] Guardian of the [☐ Person] [☐ Estate] [☐ Person and Estate].
C. Powers granted to Guardian of the Person (check all that apply):
☐ Custody, residential placement, and supervision of Respondent
☐ Consent to routine medical care
☐ Consent to extraordinary medical care (subject to 755 ILCS 5/11a-17(d))
☐ Consent to mental health treatment
☐ Access to and release of medical records
☐ Apply for public benefits
☐ Other: [______________________]
D. Powers granted to Guardian of the Estate (check all that apply):
☐ Take possession of and manage all real and personal property
☐ Receive income, pay debts and expenses
☐ Invest assets prudently
☐ Contract for goods and services for benefit of ward
☐ Bring or defend civil actions
☐ Apply for benefits
☐ Sale/encumbrance of real estate only with prior court approval (755 ILCS 5/11a-18(c))
☐ Other: [______________________]
E. Powers RESERVED to Respondent (preserve maximum self-reliance per 755 ILCS 5/11a-3(b)):
[______________________]
F. Bond is set at $[__________] [☐ with] [☐ without] surety.
G. Letters of Office shall issue upon filing of Oath and approved Bond.
H. The Guardian shall file the initial Inventory within sixty (60) days of appointment (755 ILCS 5/14-1 / 5/11a-18) and Annual Accounting / Annual Report on the condition of the ward (755 ILCS 5/11a-17(b), 5/24-11).

PART 12 — LETTERS OF OFFICE

LETTERS OF [☐ PLENARY] [☐ LIMITED] GUARDIANSHIP OF THE [☐ PERSON] [☐ ESTATE]

STATE OF ILLINOIS, COUNTY OF [______________________]

These Letters certify that on [__/__/____], by Order of the Circuit Court of [____________________] County, Illinois, Probate Division, Case No. [______________________], [______________________] was duly appointed and qualified as [☐ Plenary] [☐ Limited] Guardian of the [☐ Person] [☐ Estate] [☐ Person and Estate] of [RESPONDENT NAME], a person with a disability, and is authorized to act as such with the powers granted in the Order of Appointment.

Limitations (if any): [______________________]

PART 13 — INITIAL INVENTORY AND ANNUAL ACCOUNTING REFERENCE

Initial Inventory (file within 60 days; 755 ILCS 5/14-1, 5/11a-18):

• Itemized list of all real estate, personal property, cash, investments, receivables of ward
• Date of inventory and fair market value

Annual Accounting (755 ILCS 5/24-11):

• Receipts and disbursements during the accounting period
• Asset balances at end of period
• Vouchers / supporting documentation
• Filed annually on anniversary of appointment unless court orders otherwise

Annual Report on the Condition of the Ward (755 ILCS 5/11a-17(b)):

• Current mental, physical, and social condition
• Present living arrangement and changes
• Medical, educational, vocational, and other services received
• Summary of the guardian's visits and activities on behalf of the ward
• Recommendations as to need for continued guardianship

SOURCES AND REFERENCES

• 755 ILCS 5/11a-1 through 5/11a-23 (Article XIa, Probate Act of 1975)
• Illinois Guardianship and Advocacy Commission, A Practitioner's Guide to Adult Guardianship in Illinois (https://gac.illinois.gov/)
• Illinois Supreme Court Rules governing probate proceedings
• 20 ILCS 3955/ (Guardianship and Advocacy Act)
• 755 ILCS 45/ (Illinois Power of Attorney Act)
• 755 ILCS 40/ (Health Care Surrogate Act)

END OF ILLINOIS ADULT GUARDIANSHIP PACKAGE