REQUIREMENTS OF GUARDIANSHIP OF THE PERSON UNDER THE PROBATE CODE MINORS ONLY

Transcription

1 IN THE CIRCUIT COURT FOR THE TWENTY-THIRD DEKALB COUNTY, ILLINOIS REQUIREMENTS OF GUARDIANSHIP OF THE PERSON UNDER THE PROBATE CODE MINORS ONLY 1. A Petition for Guardianship must be filed with the Circuit Clerk, it should state the reasons why it is requested, and what Court Orders, if any, establish the current guardian. 2. Notice to all parties who have an interest must be made by Notice of Motion and a copy of the petition or a written consent to the placement or a waiver of notice can be filed. Evidence of service must also be made. 3. At Petitioner s request the Court will set a date the date should be in sufficient time in the future to allow for notice to be sent. (Not less than 7 days excluding the date of mailing.) 4. The Court may appoint a Guardian Ad Litem or an agency to investigate the circumstance and the proposed placement and have the matter continued for that report. 5. On the date previously set, the Court conducts a hearing to determine if the requirements are met using what is in the best interest of the child(ren) as a standard. For further information see Ill. Rev. Stat., ch. 110 ½ par. 11-1, et. Seq. 5/11-1, or 755 ILCS, et. Seq. Probate45\Requirements of Guardianship Probate Code-Minors

2 IN THE CIRCUIT COURT FOR THE TWENTY-THIRD DEKALB COUNTY, ILLINOIS Case No. PETITION FOR APPOINTMENT OF GUARDIAN OF THE PERSON AND ESTATE OF THE MINOR NAMED BELOW Now comes the Petitioner, and states as follows: (Name of person asking for appointment of Guardian) 1. The minor: NAME: DATE OF BIRTH: Last First Middle RESIDENCE AT THIS TIME: Street/City/State/Zip Phone County 2. Person who presently has ( ) Custody ( ) Guardianship is: (CIRCLE ONE) MOTHER FATHER GRANDMOTHER GRANDFATHER BROTHER SISTER AUNT UNCLE OTHER If other, please describe: _ 3. The person who presently has ( ) Custody ( ) Guardianship - obtained custody or guardianship in the following manner. Answer yes or no to each of the following: A. Divorce Proceeding ( ) Yes ( ) No B. Prior Guardianship Case in Court ( ) Yes ( ) No C. Prior Juvenile Court Case ( ) Yes ( ) No D. Other (explain): 4. The person asking for appointment of a guardian is related to the minor in the following manner: (CIRCLE ONE) MOTHER FATHER GRANDMOTHER GRANDFATHER BROTHER SISTER AUNT UNCLE OTHER IF OTHER (specify): 5. The name and address of the nearest relatives of the minor are (if answer is none or if information is unknown, so state): Petition for Appointment of Guardian of a Minor /p.1

3 Parents of the Minor: Father: Mother: Adult Brothers and Sisters of the Minor (state whether brother or sister): Other Adult Close Relatives of the Minor (state relationship, i.e., aunt, etc.): 6. The value of the minor s real and personal estate, if any, is listed on Schedule A, which is attached hereto and incorporated herein by this reference. 7. The amount of the minor s anticipated gross annual income and other receipts, if any, is listed on Schedule A, which is attached hereto and incorporated herein by this reference. 8. A. The proposed guardian s name: Last Name First Name Middle B. The proposed guardian is related to the minor in the following manner: CIRCLE ONE: MOTHER FATHER GRANDMOTHER GRANDFATHER BROTHER SISTER AUNT UNCLE OTHER IF OTHER (specify): C. The proposed guardian s age: (years) D. The proposed guardian s address: Street/City/State/Zip County Phone E. The proposed guardian s occupation: Petition for Appointment of Guardian of a Minor /p.2

4 F. The proposed guardian is a U. S. citizen (required by statute): ( ) Yes ( ) No G. Is proposed guardian a convicted felon? ( ) Yes ( ) No 9. Describe any juvenile, adoption, parentage, dissolution, or guardianship court actions currently pending concerning the minor or the parents of the minor including a) location/county where case filed; and, b) case number. Also indicate whether a guardian is currently acting for the minor: 10. Petitioner states that it is necessary or convenient that a guardian of the person of the above minor be appointed because (Petitioner must explain fully why a guardian should be appointed, i.e., for school purposes, medical purposes to care for the minor, etc.): Petitioner s Signature Street/City/State/Zip Phone Subscribed and sworn to before me on the day of, 20. SEAL Notary Public or Clerk of the Circuit Court Attach to Petition: A. Nomination, if applicable B. Schedule A Listing of Minor(s) Property and Income, if any C. Oath of Guardian Petition for Appointment of Guardian of a Minor /p.3

5 NOTICE OF HEARING Hearing on the foregoing petition is hereby set for, 20, at am/pm in Courtroom No., DeKalb County Courthouse, 133 W. State Street, Sycamore, IL By: Maureen A. Josh, Clerk of the Circuit Court, DeKalb County, IL Deputy Clerk NOMINATION I, a minor over 14 years of age, nominate (Name of person sought to be appointed as guardian) as guardian of my person ONLY. DATE: Signature of Minor Signature of Minor Signature of Minor Signature of Minor Signature of Minor Petition for Appointment of Guardian of a Minor /p.4

6 If the petitioner seeks the appointment of a previously appointed standby guardian as guardian of the minor, complete the following: 11. Facts concerning the standby guardian s previous appointment: 12. The date of death of minor s parent(s) OR the facts concerning the consent of the minor s parent(s) to the appointment of the standby guardian as guardian OR the willingness and ability of the minor s parent(s) to make and carry out day-to-day child care decisions concerning the minor: Attorney/Pro Se: Address: City, State, Zip: Telephone No. Attorney Registration No. Attorney Petition for Appointment of Guardian of a Minor /p.5

7 SCHEDULE A IN RE: PETITION FOR GUARDIANSHIP OF: ) ) ) ) ) No. 1., Petitioner in the above cause, hereby states under oath that the minor(s) herein owns or has a beneficial interest in the following real estate. (List any legal or equitable interest the minor may have in any real property. Also, list address of the property and its approximate value. If minor does not own or have an interest in any real estate, state NONE. ) 2., Petitioner in the above cause, hereby states under oath that the minor(s) herein owns or has an interest in the following personal property. (List any bank accounts, trust funds, automobiles, or other personal estate having any substantial value. It is not necessary to list clothing, toys, or items having no substantial market value. If minor(s) only personal property consist of such items, state NONE. ) 3., Petitioner in the above cause, hereby states under oath that the herein minor s approximate monthly income is: (State the approximate amount of each minor(s) income and the source of said income. List any income from any bank accounts, trust funds, Social Security, railroad retirement, etc.) Minor s Name Approximate Monthly Income Source Minor s Name Approximate Monthly Income Source Minor s Name Approximate Monthly Income Source Minor s Name Approximate Monthly Income Source Petitioner understands that this Schedule A is given under oath and incorporated into the petition herein. Petitioner Signature Subscribed and sworn to before me on the day of, 20. SEAL Notary Public or Clerk of the Circuit Court Petition for Appointment of Guardian of a Minor /p.6

8 ENTRY OF APPEARANCE I, _, being the natural parent of, a minor, am aware of the filing of a Petition for Guardian with the Court. I do hereby approve of a guardian being appointed for the said minor child as set forth in the Petition. DATED: DATED: Mother s Signature Father s Signature Subscribed and sworn to before me on the day of, 20. SEAL Notary Public or Clerk of the Circuit Court NOTE: THIS IS A LEGAL DOCUMENT. BY SIGNING THIS, YOU ARE AGREEING TO GIVE THE GUARDIAN GUARDIANSHIP OF YOUR CHILD OR CHILDREN. IF YOU HAVE ANY QUESTIONS ABOUT THIS, OR IF YOU DO NOT UNDERSTAND THIS DOCUMENT, SEEK LEGAL ADVICE BEFORE SIGNING. Petition for Appointment of Guardian of a Minor /p.7

9 THE CIRCUIT COURT FOR THE TWENTY-THIRD DEKALB COUNTY, ILLINOIS IN THE MATTER OF THE Case No. _ ESTATE OF: Minor PETITIONER: Name: Address: City: State: Zip: PERSON HAVING CUSTODY OF MINOR: Name: Address: City: State: Zip: PETITIONERS NOMINEE FOR GUARDIAN: Name: Address: City: State: Zip: Occupation: GUARDIAN FOR: [ ] Estate [ ] Estate and Person ATTORNEY: Name: Address: City: State: Zip: Telephone: AMOUNT OF BOND: ORDER APPOINTING GUARDIAN FOR MINOR The verified petition of the within named Petitioner for appointment of a Guardian for the above named minor, being presented for hearing, and; It appearing to the Court that due notice has been given to all Parties entitled thereto according to law, the Court finds that it has jurisdiction of the subject matter of said petition and having heard the testimony adduced, further finds that the above named minor is a person who has not attained the age of 18 years and that the within named nominee for GUARDIAN is qualified to act as such GUARDIAN and has filed a bond as such GUARDIAN in the amount set forth herein. IT IS ORDERED that the above named nominee be and hereby is appointed guardian of the estate and/or person. ENTER JUDGE This day of, 20. $ [ ] Corporate Sureties [ ] Individual as Sureties I, a minor over 14 years of age Nominate as Guardian in this Estate and or person. MINOR Probate03\Order Appointing Guardian For Minor

10 IN THE CIRCUIT COURT FOR THE TWENTY-THIRD DEKALB COUNTY, ILLINOIS IN THE MATTER OF THE ESTATE OF Case No. Deceased/Disabled/Minor DECEDENT/Alleged Disabled Person/Minor Name Address City State Zip TYPE OF REPRESENTATIVE: [ ] Administrator Only [ ] Person [ ] Administrator: [ ] Estate [ ] To collect [ ] Person & Estate [ ] De Bonis Non [ ] With Will Annexed [ ] Executor REPRESENTATIVE/GUARDIAN Name Address City State Telephone Zip CO- REPRESENTATIVE/GUARDIAN Name Address City State Telephone Zip OATH OF REPRESENTATIVE/OFFICE I solemnly swear (or affirm) that I will truly administer the estate of the decedent, so far as I know and that in administering the estate I will do and perform all acts required of me by law to the best of my ability. Representative Subscribed, signed and sworn to before me, 20. Circuit Clerk, Notary Public I on oath state that I will discharge faithfully the duties of the office of [ ] Temporary [ ] Limited [ ] Plenary Guardian of the above named disabled person/minor. NAME: ATTORNEY FOR: ADDRESS: CITY: Subscribed, signed and sworn to before me 20 Circuit Clerk Notary Public TELEPHONE: Probate05\Oath of Representative-Office

11 IN THE CIRCUIT COURT FOR THE TWENTY-THIRD DEKALB COUNTY, ILLINOISE IN THE MATTER OF: Case No. ORDER APPOINTING GUARDIAN AD LITEM IT IS ORDERED that is appointed Guardian ad litem for: JUDGE ENTERED 20 Probate04/Order Appointing Guardian Ad Litem

12 THE CIRCUIT COURT FOR THE TWENTY-THIRD DEKALB COUNTY, ILLINOIS IN THE MATTER OF THE ESTATE OF: [ ] Deceased [ ] Minor [ ] Disabled Person BOND TYPE: [ ] New [ ] Additional [ ] Sale of Mortgage of Real Estate AMOUNT OF BOND: $ NAME OF PRINCIPAL: Name: Address: City: State: Zip: OFFICE OF PRINCIPAL (Appointee): [ ] Executor [ ] Guardian [ ] Administrator (only) [ ] Administrator [ ] To Collect [ ] De Bonis Non [ ] With Will Annexed for/of [ ] Will [ ] Estate [ ] Estate and Person SURETIES: Name: Address: City: State: Name: Address: City: Zip: State: Zip: If new or additional bond show previous executed bond. Amount $ Date If Bond is for Sale or Mortgage of Real Estate, indicate which: [ ] Sale [ ] Mortgage Case No. _ BOND Surety KNOW ALL MEN BY THESE PRESENTS, THAT WE, the principal and sureties named within are bound to the People of the State of Illinois in the penal sum stated herein in lawful money of the United States, for the payment of which we and each of us bind ourselves and our heirs, executors and administrators, jointly and severally by these presents. NOW THEREFORE, the condition of this obligation is such, that if the said legal representative faithfully discharges the duties of this office according to the law and does all acts which at any time may be required by law or by a Court, then this obligation is void; otherwise it remains in full force. WITNESS our hands and seal this day of 20. SEAL Principal SEAL Surety SEAL Surety FIRST NAME OF EACH PRINCIPAL AND SURETY MUST BE IN FULL Approved:, 20 JUDGE I,, certify that the Principal and Sureties named herein, who are each personally known to me to be the same persons whose names are subscribed to the above and foregoing appeared before me this day in person and acknowledged that they signed, sealed and delivered said instrument as their free and voluntary act for users and purposes as therein set forth. DATE:, 20 Clerk of the Court Notary Public Probate02\Surety Bond

13 IN THE CIRCUIT COURT FOR THE TWENTY-THIRD DEKALB COUNTY, ILLINOIS IN THE MATTER OF THE ESTATE OF Case No. [ ] Deceased [ ] Minor [ ] Disabled Person BOND TYPE: [ ] New [ ] Additional [ ] Sale or Mortgage of Real Estate AMOUNT OF BOND: $ NAME OF PRINCIPAL: Name Address City State Zip OFFICE OF PRINCIPAL (Appointee): [ ] Executor [ ] Guardian [ ] Administrator (Only) [ ] Administrator: [ ] To Collect [ ] De Bonis Non [ ] With Will Annexed for/of [ ] Will [ ] Estate [ ] Estate and Person BOND Sureties Waived KNOW ALL MEN BY THESE PRESENTS, that I, the within named principal am bound to the People of the State of Illinois in the penal sum stated herein in lawful money of the United States for the payment of which I bind myself and my heirs, executors and administrators, jointly and severally by these presents. NOW THEREFORE, the condition of this obligation is such that if the said legal representative faithfully discharges the duties of this office according to law and does all acts which at any time may be required by law or by a Court, then this obligation is void; otherwise, it remains in full force. Witness my hand and seal this day of, 20. Principal APPROVED, 20. JUDGE = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = State of Illinois ) ) ss. Date County of DeKalb ) I CERTIFY THAT, whose name is subscribed in the foregoing instrument, appeared before me and acknowledged that he/she signed the same voluntarily. Clerk of the Court Notary Public Probate06\Bond Sureties Waived

14 IN THE CIRCUIT COURT FOR THE TWENTY-THIRD DEKALB COUNTY, ILLINOIS NEW CASE PROBATE INFORMATION SHEET County of Kendall ) Case No. ) ss. County of DeKalb ) (PLEASE TYPE or PRINT) 1. Case Type: PROBATE 2. Sub case type: (See reverse for Code) Numeric Code Description 3. P1: [ ] Deceased [ ] Disabled Person [ ] Minor/Guardian (check one) Name: (Last) (First) (M.I.) Attorney (State of Illinois Registration Number): Name: (Last) (First) (M.I.) 4. D1: [ ] Deceased [ ] Disabled Person [ ] Minor/Guardian (check one) Date of Death (if applicable): (Month) (Day) (Year) Type of Administration: [ ] Supervised [ ] Independent (check one) Date of Birth: (Month) (Day) (Year) 5. Please give complete name, address, zip code and time of your nominee(s) for: [ ] Executor [ ] Administrator [ ] Guardian (check one) Name: Address: City, State, Zip Code: 6. Is real estate involved: [ ] Yes [ ] No (check one) 7. List all heirs, first name, middle initial, last name (no address required) below: New Case Probate Information Sheet Rev

15 PROBATE CODES Probate (P) 0708 WILL CONTEST 0709 CONSTRUCTION OF WILL 1201 DECEDENT TESTATE INDEPENDENT ADMIN 1202 DECEDENT TESTATE SUPERVISED ADMIN 1203 DECEDENT INTESTATE INDEPENDENT ADMIN 1204 DECEDENT INTESTATE SUPERVISED ADMIN 1205 DECEDENT TESTATE OR INTESTATE OF MISSING PERSONS 1206 DECEDENT SMALL ESTATE REAL ESTATE AND PERSONAL 1207 DECEDENT PROOF OF HEIRSHIP ALONE 1208 DECEDENT DOMESTIC / FOREIGN WILL ADMITTED W/O ADMIN 1209 DECEDENT LETTERS OF OFFICE W/O ADMIN 1210 DECEDENT COLLECTION OF JUDG/SETLMNT OF CLAIM FOR WRONGFUL DEATH WITH NO OTHER ADMIN 1211 DECEDENT COLLECTION OF JUDG/SETLMNT OF CLAIM FOR WRONGFUL DEATH WITH NO OTHER ADMIN AND DOES NOT EXCEED $5, GUARDIAN OF DISABLED PERSON 1213 GUARDIAN OF ESTATE OF DISABLED PERSON 1214 GUARDIAN OF PERSON & ESTATE OF DISABLED PERSON 1215 GUARDIAN OF MINOR PERSON 1216 GUARDIAN OF ESTATE OF MINOR PERSON 1217 GUARDIAN OF PERSON & ESTATE OF MINOR PERSON 1218 GUARDIAN SMALL ESTATE REAL ESTATE AND PERSONAL 1219 GUARDIAN WHEN LETTERS ISSUED IN ESTATE TO GUARDIAN OF PERSON, BUT NOT ESTATE 1220 GUARDIAN WHEN LETTERS ISSUED IN ESTATE OF WARD W/O ADMIN 1221 GUARDIAN COLLECTION OF JUDG/SETLMNT OF CLAIM FOR WRONGFUL DEATH WITH NO OTHER ADMIN 1222 GUARDIAN COLLECTION OF JUDG/SETLMNT OF CLAIM FOR WRONGFUL DEATH WITH NO OTHER ADMIN AND DOES NOT EXCEED $5, GUARD/MINOR DCFS 1224 CONST OF TEST TRST (DURING PENDENCY) 1230 OTHER (SPECIFY) New Case Probate Information Sheet Rev