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In order for a parent to regain guardianship, there must be a substantial change in circumstances and supporting evidence to demonstrate that it is in the child’s best interest to return to the care of the biological parents. For example, if the child was removed from custody of the parents because of a substance abuse problem, the parents can file a Petition to Discharge Guardianship of a Minor to regain primary care of the child if they can prove that their abuse issues have been resolved.
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.
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