In this article, we answer the question, “what documents need to be filed after being appointed guardian for a disabled adult in Illinois?” We explain the following documents: Oath of Office, Guardianship Bond, Letters of Office, Notice of the Right to Seek Modification of a Guardianship, and the Guardian’s Annual Report.
The first step in being appointed guardian for a disabled adult is for the prospective guardian to file a petition for guardianship with with appropriate court. At this point, the clerk of court will assign a date for a hearing of the petition. Next, the petitioner must serve proper notice upon the disabled adult as well as certain other interested parties, informing them of the date, time, and location of the hearing.
At the guardianship hearing, the court will determine whether a guardianship is necessary, and, if so, who should be appointed as guardian. If the guardianship is contested, both sides will have the opportunity to present evidence and present and cross-examine witnesses. The judge will generally also consider the report of a guardian ad litem who is appointed to investigate and advocate for the best interests of the allegedly disabled adult. If the court determines that the allegedly disabled adult is in fact incapable of making his or her own decisions, the court will issue an order appointing a guardian. To learn more about guardianship hearings, check out our article: Illinois Adult Guardianship Hearings Explained.
After being appointed as guardian, the prospective guardian will need to file the following documents with the court:
The Oath of Office is a document in which the guardian swears to faithfully carry out his or her duties as guardian. An oath of office form can be found on the websites for most county courts.
The bond is essentially insurance that the guardian purchases to protect the disabled adult’s estate from the guardian’s mismanagement. Proof that the bond has been obtained must be filed with the court. The court may waive the bond requirement for someone who is exclusively a guardian of the person or a standby guardian.
Letters of Office is a document issued by the court to show to third parties that the guardian has power to make decisions on behalf of the ward. These will typically be prepared by the guardian and presented to the judge’s clerk for issuance and filing.
The court will issue this document informing the disabled adult of his or her right to request modification or termination of the guardianship, including how to initiate this process. Many courts require the guardian to prepare this notice for filing and issuance by the court.
Guardians of the estate are required to present an annual report to the court showing the assets and liabilities of the disabled adult as well as income and expenditures. Courts may also order guardians of the person to present an annual report to the court.