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Our Champaign guardianship litigation attorneys explain what takes place when a guardianship is contested in Illinois when a guardianship is not working out or is no longer needed. When taking a look at minors in specific, the biological parents of the minor who is under guardianship may petition to terminate the guardianship. Once the petition has been filed, a date for a court hearing will be set. The parents of the minor must prepare sufficient evidence in support of their claim before the court hearing. They must gather evidence that proves they are fully capable of caring for their child and that there has been a material change in circumstances since entry of the guardianship. Upon hearing each party’s evidence, the court will decide whether to terminate the guardianship, modify the appointment in any way, or leave the guardianship appointment as is.
In this article, our Champaign contested guardianship attorneys discuss the powers and duties of a guardian in Illinois adult guardianship cases. The article outlines the "substituted judgement" rule and how it affects the guardian's decisions based on the disabled adult's moral, philosophical, or religious beliefs. The guardian should also keep "substituted judgement" in mind when making medical decisions or any other decisions the court deem necessary.
In this post, our Champaign contested guardianship attorneys explain In the case of adult wards challenging a guardianship order, the ward may choose to challenge due to a change in his or her capabilities of caring for and making sound decisions for himself or herself. The ward therefore must argue that he or she should no longer be considered legally "disabled" to the extent that a guardianship is necessary. Regardless of his or her disability, however, a ward always has the right to request the termination or modification of the guardianship order. The ward or a person on behalf of the ward, or even an attorney, may file a petition with the court to terminate the guardianship.
Generally, these findings can either result in a dismissal of the petition and keeping the guardianship as is, termination of the disability adjudication and termination of the guardianship, modifying the responsibilities of the guardian, or making any other order the court deems to be in the best interest of the ward.