The purpose of this article is to explain the powers and duties of a Guardian of the Person in Illinois adult guardianships. In broad terms, a guardian of the person is an individual appointed by the court to make non-financial decisions on behalf of a disabled or mentally incompetent adult. This is distinguished from a guardian of the estate, who is charged with making financial decisions on behalf of the disabled adult.
The powers of a guardian of the person are very broad, but are subject to the review of the guardianship court. The guardianship court can override the guardian’s decisions if the court finds that they are not in the disabled adult’s best interests.
Adult Guardianship proceedings are court cases whereby an individual is appointed to be responsible for the personal care and management of the finances of an adult who is mentally incompetent. In order to initiate an adult guardianship proceeding in Illinois, the person seeking to be appointed as guardian must file a Petition for Guardianship with the appropriate court.
The goal of this article is to explain how to prepare and file a petition for adult guardianship in Illinois. For a broader overview of the adult guardianship process, check out our previous article: Adult Guardianship in Illinois Explained.
In this article we will explain the Illinois appeals process. We will discuss what types of orders can be appealed, deadlines for filing appeals, how the appeal filing process works, what happens in an appeal once the case is filed, what actions the appeals court may order, and what your options are if you lose on appeal. Let’s start with a quick overview of the Illinois appeals system.
How does the Illinois Appeals Process Work?
In Illinois, cases are initially filed and heard in the county circuit courts. These are also known as “trial courts” because the circuit courts are the level on which each side presents evidence and jury and bench trials are held in order to make findings of fact.
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