VERIFIED PETITION FOR APPOINTMENT OF GUARDIAN

OF THE [PERSON] ☐ / [ESTATE] ☐ / [PERSON AND ESTATE] ☐

OF [FULL LEGAL NAME OF MINOR OR ADULT WITH A DISABILITY]

[IN THE MATTER OF]
IN THE CIRCUIT COURT OF [__] COUNTY, ILLINOIS
PROBATE DIVISION
Case No.: _____

TABLE OF CONTENTS

I. Document Header ..................................................... 2
II. Definitions ......................................................... 3
III. Operative Provisions (Requested Relief) ............................. 4
IV. Representations & Warranties (Allegations) .......................... 6
V. Covenants & Restrictions (Guardian Duties) .......................... 8
VI. Default & Remedies (Court Enforcement) .............................. 9
VII. Risk Allocation (Bond & Indemnification) ............................ 10
VIII. Dispute Resolution ................................................. 11
IX. General Provisions .................................................. 11
X. Execution Block ..................................................... 12

[// GUIDANCE: Delete the Table of Contents for filing if local court rules prohibit it.]

I. DOCUMENT HEADER

1. Petitioner(s): [FULL LEGAL NAME(S), ADDRESS(ES), RELATIONSHIP TO WARD]
2. Respondent/Ward: [FULL LEGAL NAME, DATE OF BIRTH, CURRENT ADDRESS]
3. Parents/Current Legal Guardian(s) (if any):
   a. [NAME, ADDRESS]
   b. [NAME, ADDRESS]
4. Effective Date: On entry of the Court’s Order appointing Guardian.
5. Governing Law: Illinois Probate Act of 1975, 755 Ill. Comp. Stat. 5 (the “Act”).
6. Jurisdiction & Venue: Proper in this Court pursuant to 755 ILCS 5/11-6 (minor) or 755 ILCS 5/11a-3 (disabled adult), because the Ward resides or is present in [__] County, Illinois.
7. Forum for All Proceedings: Circuit Court, Probate Division, as required by the Act.
8. Nature of Proceeding: Guardianship proceeding; arbitration and jury trial are unavailable pursuant to statute and court practice.

II. DEFINITIONS

For purposes of this Petition, the following capitalized terms shall apply:

“Act” means the Illinois Probate Act of 1975, 755 Ill. Comp. Stat. 5 et seq.

“Annual Report” means the guardian’s report required under 755 ILCS 5/11-13 (for minors’ estates) or 755 ILCS 5/11a-17 & -18 (for disabled adults).

“Bond” means the surety bond mandated under 755 ILCS 5/12-2 and set by the Court to secure faithful performance of the Guardian’s duties.

“Guardian” means the individual(s) or institution(s) whose appointment is sought herein.

“Ward” means the minor or adult with a disability who is the subject of this Petition.

[// GUIDANCE: Add or delete definitions to match the specific circumstances.]

III. OPERATIVE PROVISIONS (REQUESTED RELIEF)

A. Appointment of Guardian
1. Petitioner requests that [NAME] be appointed as Guardian of the [Person/Estate/Person and Estate] of the Ward pursuant to 755 ILCS 5/[11-5 or 11a-5].
2. Type of guardianship sought:
☐ Limited Guardian (specify limitations)
☐ Plenary Guardian (full authority)
☐ Standby/Successor Guardian (activate upon specified event)

B. Scope of Authority
1. Guardian of the Person: Authority to make decisions regarding education, health care, housing, and general welfare, subject to court oversight.
2. Guardian of the Estate: Authority to collect, manage, invest, and expend assets for the Ward’s benefit, subject to statutory investment restrictions and prior court approval where required.
3. Real Property Transactions: No sale, lease, or encumbrance of real estate without prior court order, per 755 ILCS 5/23-2.

C. Bond
1. Petitioner requests that Bond be fixed in the sum of $[__] with corporate surety, or, if appropriate, that Bond be waived pursuant to 755 ILCS 5/12-4(b).
2. Bond shall correspond to the fair market value of the Ward’s personal estate plus one year’s anticipated income.

D. Protective Orders (Injunctive Relief)
1. Petitioner requests immediate orders restraining any person from dissipating the Ward’s assets pending hearing.
2. Such orders shall remain in effect until further order of court.

E. Ancillary Relief
1. Issuance of Letters of Guardianship upon qualification and filing of Bond.
2. Authority to obtain all records (medical, educational, financial) relevant to guardianship duties, in compliance with HIPAA and FERPA.
3. Any other relief just and proper.

IV. REPRESENTATIONS & WARRANTIES (ALLEGATIONS)

Petitioner, being first duly sworn, represents, warrants, and alleges as follows:

1. Capacity & Relationship
   a. Petitioner is over 18, of sound mind, and not under legal disability.
   b. Petitioner is the [relationship] of the Ward and has maintained a significant relationship with the Ward.

2. Eligibility
   a. Petitioner is not a convicted felon, unless waived by the Court pursuant to 755 ILCS 5/11-3.
   b. No other court has jurisdiction over the Ward’s guardianship, except as disclosed herein.

3. Ward Status
   a. Minor: Ward is under 18 years of age, no parent willing or able to care for Ward, or parental consent attached.
   b. Disabled Adult: Ward is a person with a disability as defined in 755 ILCS 5/11a-2; professional evaluations attached.

4. Best Interests
   Appointment of the proposed Guardian is in the Ward’s best interests, considering the factors enumerated in 755 ILCS 5/11-5(a) or 5/11a-3(b).

5. Assets & Income
   The Ward’s estate consists of:
   Personal property: $[_]
   Real property: $[_]
   Annual income: $[____]

6. Notice
   All required notices have been or will be served in accordance with 755 ILCS 5/11-10.1 or 5/11a-10, and proof of service will be filed.

7. No Conflicts of Interest
   Petitioner has no interests adverse to the Ward and will faithfully discharge fiduciary duties.

V. COVENANTS & RESTRICTIONS (GUARDIAN DUTIES)

The Guardian, upon appointment, shall:

1. Act as a fiduciary and exercise the degree of care, diligence, and prudence customarily exercised by a prudent person managing similar affairs.
2. File an Initial Inventory within 60 days (755 ILCS 5/14-1).
3. File Annual Reports on the Ward’s condition and estate, including accounting of receipts and disbursements (755 ILCS 5/11-13; 5/11a-17 & -18).
4. Seek specific court authorization for major medical decisions that involve withholding life-sustaining treatment, experimental procedures, or sterilization.
5. Maintain separate fiduciary accounts; commingling of funds is strictly prohibited.
6. Provide written notice to the Court within 14 days of any change of address, significant change in the Ward’s condition, or Guardian’s resignation.

VI. DEFAULT & REMEDIES (COURT ENFORCEMENT)

1. Events of Default
   a. Failure to file Inventory or Annual Report.
   b. Misappropriation, self-dealing, or commingling.
   c. Failure to maintain Bond or satisfy surcharge.
   d. Failure to comply with any court order.

2. Remedies
   a. Issuance of Rule to Show Cause and potential removal of Guardian per 755 ILCS 5/23-3.
   b. Surcharge against Bond for losses sustained by the Ward.
   c. Civil or criminal contempt sanctions, attorney’s fees, and costs.
   d. Appointment of a successor or temporary guardian.

3. Cure Period
   The Court may allow up to 30 days to cure technical defaults, in its discretion.

VII. RISK ALLOCATION (BOND & INDEMNIFICATION)

1. Bond Requirements
   a. Bond shall remain in full force until the Guardian is discharged.
   b. Surety shall be jointly and severally liable with the Guardian.

2. Indemnification
   The Guardian, in a fiduciary capacity, agrees to indemnify and hold harmless the Ward’s estate from any loss arising from the Guardian’s breach of duty, gross negligence, willful misconduct, or fraud.

3. Liability Cap
   The Bond amount constitutes the maximum aggregate liability of the Surety; the Guardian’s personal liability remains uncapped.

[// GUIDANCE: Some courts use corporate surety; others accept individual sureties—verify local practice.]

VIII. DISPUTE RESOLUTION

1. Governing Law: Illinois law, including the Act and applicable Supreme Court Rules.
2. Exclusive Forum: Circuit Court of [__] County, Probate Division.
3. Arbitration: Not available; issues to be resolved solely by the Court.
4. Jury Trial: Waived/non-applicable under probate jurisdiction.
5. Injunctive Relief: Court retains authority to enter protective orders at any time.

IX. GENERAL PROVISIONS

1. Amendments & Modifications: Only by further order of this Court.
2. Successors & Assigns: All orders bind any successor guardian, personal representative, or trustee.
3. Severability: If any provision herein conflicts with applicable law, it shall be interpreted to comply, and the remainder shall remain in effect.
4. Integration: This Petition, together with supporting exhibits and proposed Orders, constitutes the entire request for relief.
5. Electronic Signatures: Permitted to the fullest extent allowed by Supreme Court Rule 9(c)(2) and local rules.

X. EXECUTION BLOCK

Respectfully submitted,

[NAME OF PETITIONER]
Petitioner

[NAME OF CO-PETITIONER, if any]
Co-Petitioner

Date: ________

VERIFICATION
I, [NAME], being duly sworn on oath, state that I have read the foregoing Verified Petition, know the contents thereof, and the same are true and correct to the best of my knowledge, information, and belief.

[NAME], Petitioner

Subscribed and sworn before me on __, 20__.

Notary Public
My commission expires: ___

LIST OF EXHIBITS

A. Proposed Order Appointing Guardian
B. Physician’s Report (Adults) / Parental Consents (Minors)
C. Proposed Letters of Office
D. Notice List & Proof of Service
E. Proposed Bond Form
F. Asset Schedule & Budget

[// GUIDANCE: Include any additional exhibits required by local rules, such as criminal background checks or training certificates.]

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