THE GUARDIANSHIP PROCEDURE
CHECKLIST FOR HANDLING ADULT GUARDIANSHIP CASES
Illinois State Bar Association
Guardianship Boot Camp
February 22, 2013
Deborah B. Cole
Hoogendoorn & Talbot LLP
122 South Michigan Avenue
Suite 1220
Chicago, Illinois 60603
(312) 786-2250
[email protected]
CHECKLIST FOR HANDLING ADULT GUARDIANSHIP CASES- OPEN TO CLOSE
PART A- OPENING THE ESTATE
STEP #1- PRELIMINARY MATTERS
Discuss circumstances/behaviors causing concern
Verify existence of current Will, PO As and Trusts
Explain role of Guardian
Discuss alternatives to Guardianship
Discuss fees/retainer/potential for reimbursement/record-keeping.
Review alleged disabled person's finances if available, living arrangements and
health
Discuss prior financial interaction between alleged disabled person and
prospective Guardian
Discuss Guardian of Person, Guardian of Estate and/or both
If this case may be referred to Public Guardian, call Office of the Public Guardian
or Office of the State Guardian intake to discuss situation
Is a Temporary Guardian of Estate/Person necessary?
Discuss possibility of cross-petition
Discuss need for doctor's examination and report and supply list of doctors who
will visit home if required
Prepare engagement letter
Obtain family tree and names, ages and addresses of family members and
interested persons
Discuss procedure if alleged disabled person objects
STEP #2- PREPARATION OF COURT DOCUMENTS TO OPEN ESTATE
Petition for Appointment of Guardian for Disabled Person (CCP0200) with
Exhibit A. Include close family (i.e., spouse, adult children, current primary
caregiver)
Oath and Bond for individual guardians (CCP0312)
Complete above forms and send to client for signature. Signature on Oath and
Bond must be acknowledged before notary. Send Bond application if prospective
Guardian is individual
Prepare Probate Division Cover Sheet (CCP0!99)
Prepare Order appointing GAL (two (2) copies) for Judge in case it is needed
(CCP209)
Prepare Summons (CCP0201 A/B)
Prepare Notice of Rights of Respondent (CCP0201C)
2
STEP #3 -FILING REQUIRED DOCUMENTS
Prepare original Petition plus six (6) copies
Verification of residency for service/Confirm availability and whereabouts of
alleged disabled person to enable the Sheriff to serve Petition and enable the
GAL to visit if necessary.
Prepare two (2) checks for fees (one for Clerk of Circuit Court and one for Cook
County Sheriti.
Verify Cook County Sheriffs fees (leave check for amount blank
(amount determined by Sheriffs office based on mileage).
Verify current filing fees with Clerk's office based upon size of
estate.
File Petition on 12th Floor - Richard J. Daley Center (original plus two (2)
copies). The case number, court call number, courtroom and judge will be
assigned at the time you file the Petition (Clerk's office keeps original).
Add case number to all documents, add date where applicable and add judge's
name and phone number to Summons.
Take Petition to assigned courtroom to obtain hearing date fi-omjudge's clerk (at
least 30 days out from date of filing).
Judge's clerk retains copy of Petition and two (2) copies of Order appointing
GAL.
Take Summons to 12th Floor to be stamped.
Take three (3) copies of Petition, Summons and Notice of Rights to Sheriffs
office on 7th Floor (get number to caii to check for status on service - Sheriff
makes three (3) attempts).
Send file-stamped copy of Petition with date, courtroom and case number to all
persons on Exhibit A along with Notice of Motion.
Fonrteen ( 14) days notice of date and time of proceeding is required for both
Respondent, prospective Guardian and other interested persons.
STEP #4- PREPARING FOR HEARING
After three (3) weeks from date of filing eheck with Sheriffs office for status of
serv1ce
If Sheriff has been unable to serve Summons it may be necessary to
hire a private process server. Determine if Respondent moved, been
admitted to hospital, stayed home from day care, etc.
If doctor's report not available - discuss options. May petition conrt to order
examination
If you get order appointing GAL, contact GAL and provide doctor's report, copy
of Petition, contact information for Respondent and prospective Guardian and
discuss role of GAL with client. Request copy of GAL report before court date.
If unable to obtain GAL report in advance of court date, call GAL to discuss
his/her position.
3
Arrange to get original Report of Physician (CCP211). Unless the Court
otherwise directs, the doctor's report is not part of the public record of the
proceedings, but you can provide copies to parties and GAL.
Two (2) days prior to court date deliver courtesy copy of doctor's report and
Petition to judge.
Go to 12th Floor and get Bond or obtain Acceptance of Office (CCP0308) if
Guardian is a corporation (amount of bond will be 1 y, times the personal estate
including estimated annual income).
STEP #5- DAY OF HEARING
Bring to court:
Original Doctor's Report (CCP0211) + copies
Copy of Petition
Proof of Mailing and Publication
Statement of Rights to Discharge Guardian or Modify
Guardianship Order (CCP0214)
Original and copies of Oath and Bond
Draft of Order Appointing Guardian(s) and finding of disability
(CCP0204)
Acceptance of Office if Guardian is not an individual
Separate Order for Residential Placement if indicated
Proposed Guardian
PART B- SPECIAL CIRCUMSTANCES
1- POSSIBLE COMPLICATIONS AT THE HEARING
•
•
•
•
•
•
Respondent objects to need for Guardian and is given time to find attorney
Respondent consents to Guardian but objects to the prospective Guardian
Appointment ofTemporary Guardian (requires separate petition) for maximum sixty
(60) days
Last minute filings of Cross Petition or Notice that Cross Petition will be filed
Sudden appearance of Powers of Attorney
GAL disagrees with the need for Guardian or suitability of proposed Guardian
2 -DISABLED VETERANS
If the alleged disabled person is a veteran receiving benefits from the federal Veterans
Administration, a certificate of the Administrator of Veterans Affairs or his representative
stating that the beneficiary has been determined to be incompetent by the Veterans
Administration, on examination in accordance with the law and regulations governing the
Veterans Administration, upon the date of issuance of the certificate, and that the
4
appointment of a guardian is a condition precedent to the payment of any money due the
beneficiary by the Veterans Administration, is admissible in evidence at the hearing.
3- RESPONDENT PRESENTING MENTAL HEALTH CONCERNS
An authenticated transcript of the evidence taken in a judicial proceeding concerning the
respondent under the Mental Health and Developmental Disabilities Code is admissible in
evidence at the hearing.
4 -TEMPORARY GUARDIANSHIP
Upon petition the court may appoint a temporary guardian if it is necessary for the
immediate protection of the alleged disabled person's estate or person (CCP0202). The
potential harm must be provided in the order appointing the temporary guardian (CP0203 ).
The powers and duties are specifically listed in the order appointing the temporary guardian.
The Physician's Report must accompany Petition for Temporary Guardian. Required 14
day notice period does not apply when filing for Temporary Guardian. A Petition for the
Appointment of a Guardian must be filed at the same time. Appointment is for 60 days but
may be extended.
5- LIMITED GUARDIANSHIP
In some cases the court may appoint a limited guardian of estate or person or both. A finding
of disability is not required for the appointment of a limited guardian. The limited guardian
has only the powers specifically enumerated in the order of appointment.
6- SUCCESSOR GUARDIAN
A Successor Guardian is a guardian appointed by the court to serve only upon the death,
resignation, removal or incapacity of the guardian of the estate or person.
7- TESTAMENTARY GUARDIAN
A parent of a disabled person including minor children may name a person or entity as
guardian of the estate and or person by will. The appointment is advisory only and the court
may appoint another party ifthere is a finding that the alternative appointment would be in
the best interests of the ward.
8- STANDBY GUARDIAN
Standby Guardian is appointed by the court to step in upon being advised of the consent,
death, incapacity or failure to perform his or her duties of the then current guardian of the
estate and or person. Within 60 days of notice of the death, consent or inability of the prior
guardian's inability to perform its duties, the standby guardian must petition the court for
appointment as a guardian of estate and or person.
5
9- OTHER SITUATIONS OR CIRCUMSTANCES
Domestic Violence - Order of Protection
Mediation
Sterilization of the Ward
Co-Guardians
Working with Office of the Public Guardian or the Office of the State Guardian
PART C- POST APPOINTMENT ACTIONS
1 -INVENTORY
Within 60 days of appointment the Guardian must file an inventory (CP0334) of the ward's
assets, to include amounts and sources of income, and all assets listed individually with
values as of the date of the appointment. Inventory should include how the assets are titled
and the existence of any mortgages or other liabilities and current status. *The Guardian has
an ongoing duty to supplement or amend as necessary.
2- ACCOUNTINGS
Once each year the guardian must provide to the court an updated report/care plan as above,
as well as an accounting listing all income and disbursements from the guardianship estate.*
3-CAREPLAN
As soon as possible after appointment the Guardian shall provide to the court a report on the
ward's physical and mental condition, residential placement, education, socialization and
supervision as appropriate.
4- COUNSELING THE GUARDIAN
Definition of a Fiduciary
Recordkeeping
Need for Court Approval for all but routine decisions
PART D- TERMINATION OF ADJUDICATION OF DISABILITY/REVOCATION OF
LETTERS OF OFFICE
1- TERMINATION
Upon Petition of disabled person, or on its own motion, the court may terminate adjudication
of disability, revoke Letters of Office and or modify the terms of the Guardianship. Notice
of the proceedings must be given to all guardians whose letters have not been revoked. The
court may appoint counsel for the disabled person and order payment from estate funds.
*See Rules of Circuit Court !Or more detailed requirements for both Inventories and Accountings
6
2- DISMISSING PROCEEDINGS ENTIRELY
Petitions for Appointment of a Guardian can only be dismissed upon order of court.
3- DEATH OF WARD
When Ward dies a decedent's estate should be opened as soon as possible. The death of the
Ward is reported to the judge as "spread of record". Final accounting must be completed.
All real and personal property is to be turned over to the Executor/ Administrator/Spouse or
other persons as appropriate, the Guardians are discharged, the bond is cancelled and the
Guardianship estate is closed.
7
(Rev. 10/31/01) CCP 0312
4159 Oath and Bond of Representative - Snrety
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT- PROBATE DIVISION
Estate of
No. ---------------------------Docl<et
Page ------------------------------
OATH AND BOND OF REPRESENTATIVE- SURETY
I,
, on oath state that I will faithfully discharge the duties of the office
of representative. I and the undersigned sureties jointly and severally bind ourselves to the People of the State of Illinois to the
faithful discharge of those duties.
The obligation of this bond is limited to $ ----------------------APPROVED:
*
as Representative and Principal
Address --------------------------------------
Judge
Judge's No.
*
-------------------a~s~s~ur~e7
ty~------------------
Address --------------------------------------
*
-------------------a~s~s~u~re~ty~------------------
Address-------------------------------------
Atty. No.:-------------Name: ------------------------------------Firm Name:----------------------------------
Signed and sworn to before me by the representative on
Atty. for Representative: ---------------------Address: -----------------------------------City/State/Zip: _______________________
Telephone: ----------------------------------
(Clerk of Circuit Court)
(Notary Public)
*First name of principal must be written in full.
DOROTHY BROWN, CLERK OF THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
(Rev. ll/2/01) CCP 0199
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT- PROBATE DIVISION
In re the Estate of
PROBATE DIVISION COVER SHEET
A Probate Division Cover Sheet shall be filed with the initialJlCtition in all actions filed in the Probate Division.
The information required is for clerical purposes only, and shall not be introduced into evidence. Please check the
box next to the category that best describes the type of case being filed.
Guardianship for Disabled Person
Guardianship for Minor
0001
0 Person
0011 0 Person
0002
0 Estate
0012 0 Estate
0003
0 Estate & Person
0013 0 Estate & Person
0019
0 Elder Abuse
Probate of Decedent's Estate- Intestate
Probate of Decedent's ~:state- Will
0004
0 Supervised Administration
0007
0 Supervised Administration
0005
0 Independent Administration
0008
0 Independent Administration
0014
0 Summary Administration
0015
0 Sumtnary Administration
0006
0 Letters ol' Administration to Collect
0009 0 Will Annexed - Supervised
Administration
0018 0 Miscellaneous Probate Action (Decedent)
Other
0016 0 Sell or Transfer Structured Settlement
0017 0
0010 0 Will Annexed- Independent
Administration
Petition to Settle Cause of Action- Wrongful Death
Atty. No.: _ _ _ _ _ __
Name:
------------------------
Atty. for Petitioner:----------------Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
City/State/Zi11: _ _ _ _ _ _ _ _ _ _ _ _ _ _ ___
Attorney
ProSe
Telephone: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
DOROTHY BROWN, CLERK OF THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
(Rev. 7/6/01) CCP 0209
Order Appointing Guardian Ad Litem for Alleged Disabled Person
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT-PROBATE DIVISION
ESTATE OF
No.
Docket - - - - - - - - - - - - - - - Page _ _ _ _ _ _ _ _ _ _ _ _ _ _ ___
Alleged Disabled Person
ORDER APPOINTING GUARDIAN AD LITEM FOR ALLEGED DISABLED PERSON
Pursuant to the provisions of Sec. II a-1 0 of the Illinois Probate A c t , - - - - - - - - - - - - - - - - - - - - - - - - : - - - - - - - - - - - - - - - - - - - - - - - - - - - - i s appointed guardian ad litem for the above
named person.
4629
The guardian ad litem is directed to interview the respondent and inform the respondent orally and in writing of the
contents of the petition and of the person's rights under 755 ILCS 5/11 a-ll of the Illinois Probate Act. The guardian ad litem
shall also attempt to elicit the position of the alleged disabled person concerning the adjudication of disability, the proposed
guardian, a proposed change in residential placement, changes in care that might result from the guardianship, and other areas
of inquiry deemed appropriate by the court.
The guardian ad litem is directed to file a written report with the Court and be present at the hearing in
Room _ _ _ _ _ of the Richard J. Daley Center o n - - - - - - - - - - - - - ____ a t - - - - - - - m .
4217
6191
D A T E : - - - - - - - - - - - - - _ ___
Atty. No.:, _ _ _ _ _ __
ENTER:
Name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Firm N a m e : - - - - - - - - - - - - - - - - - - -
Judge
Judge's No.
Atty. for P e t i t i o n e r : - - - - - - - - - - - - - - Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
City/State/Zip:---------------Telephone:-------------------
DOROTHY BROWN, CLERK OF THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
0 2631 Issued
0 3631 Return P. S.
0 3731 Return N. S.
Summons For Appointment of Guanlian For Disabled Person
(Rev. 7/6/01) CCP 0201 A
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT- PROBATE DIVISION
No.
Estate of
Docket - - - - - - - - - - - - - - - Alleged Disabled Person
Page----------------
SUMMONS IIOR APPOINTMENT O:F GUARDIAN FOR DISABLED PERSON
To:
You are summoned to appear at a hearing on a petition to adjudge you a disabled person and have a guardian appointed
to make decisions for you regarding yourself, your property, or both. A copy of the petition and notice of rights of
respondent are attached.
The hearing to determine whether or not a guardian will be appointed for you will be held on
- - - - - - - - - - - - - - - - - - - ' _ _ _ _ at ______ a.m. I pm., in Room------- of the
At tbe hearing, you have a right to be represented by a lawyer. You have the right to attend the hearing. H you
do not have a lawyer, the court will appoint one for you upon your written or oral request communicated to the court
prior to or at the hearing. You have the right to demand a jury trial. You may confront and cross-examine all witnesses
and present your own witnesses. You have the right to request that yonr hearing be closed to the public. You have
the right to request that an expert be appointed to examine yon.
TO THE OFFICER:
This summons must be served on the alleged disabled person personally no later than 14 days before the day for
appearance. The summons mnst be returned by the officer or other person to whom it was given for service with
endorsement of service and fees, if any, no later than 2 days after service. If service cannot be made on the alleged
disabled person personally, this summons must be returned so endorsed.
Witness ________________, _____
Clerk of Court
(Seal of Court)
(OVER)
DOROTHY BROWN, CLERK OF THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
(Rev. 7/6/01) CCP 0201 B
RETU:Rt'll
I certify that on
, I served this summons on the alleged disabled person,
leaving a copy with him/her personally and informing him/her of its contents.
- - - - - - - - - - - - - Sheriff of - - - - - - - - - - County
By - - - - - - - - - - - - - - - - - - - - - - - - - D e p u t y
SHERIFF'S FEES
Service and return _________________________ $ --------------------Miles _________________________________ $ _____________________
Total ____________________________ $ __________________
Atty. No.: ----------Atty. Name: - - - - - - - - - - - - - - - - - - - Firm Name:
-------------------------------
Atty. for Petitioner: - - - - - - - - - - - - - - - Address: - - - - - - - - - - - - - - - - - - - - City/Zip:
Telephone: - - - - - - - - - - - - - - - - - - -
DOROTHY BROWN, CLERK OF THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
(Rev. 7/6/01) CCP 0201 C
2514 NOTICE OF RIGHTS OF RESPONDENT
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT- PROBATE DIVISION
Estate of
No. --------------------------------Docket --------------------------------Alleged Disabled Person
Page ----------------------------------
NOTICE OF RIGHTS OF RESPONDENT
You have been named as a respondent in a guardianship petition asking that you be declared a disabled person. If the court
grants the petition, a guardian will be appointed for you. A copy of the guardianship petition is attached for your convenience.
The date and time of the hearing:
The place where the hearing will occur is:
The .Judge's name and phone number is:
If a guardian is appointed for you, the guardian may be given the right to make all important personal decisions for you, such as
where you may Jive, what medical treatment you may receive, what places you may visit, and who may visit you. A guardian may
also be given the right to control and manage your money and other property, including your home, if you own one. You may lose
the right to make these decisions for yourself.
You have the following legal rights:
(I) You have the right to be present at the court hearing.
(2) You have the right to be represented by a lawyer, either one that you retain, or one appointed by the Judge.
(3) You have the right to ask for a jury of six persons to hear your case.
(4) You have the right to present evidence to the court and to confront and cross-examine witnesses.
(5) You have the right to ask the Judge to appoint an independent expert to examine you and give an opinion
about your need for a guardian.
(6) You have the right to ask that the court hearing be closed to the public.
(7) You have the right to tell the court whom you prefer to have for your guardian.
You do not have to attend the court hearing if you do not want to be there. If you do not attend, the Judge may appoint a
guardian if the Judge finds that a guardian would be of benefit to you. The hearing will not be postponed or cancelled if you
do not attend.
IT IS VERY IMPORTANT THAT YOU ATTEND THE HEARING IF YOU DO NOT WANT A GUARDIAN OR IF YOU
WANT SOMEONE OTHER THAN THE PERSON NAMED IN THE GUARDIANSHIP PETITION TO BE YOUR
GUARDIAN. IF YOU DO NOT WANT A GUARDIAN OR IF YOU HAVE ANY OTHER PROBLEMS, YOU SHOULD
CONTACT AN ATTORNEY OR COME TO COURT AND TELL THE JUDGE.
DOROTHY BROWN, CLERK OF THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
2754
R}~PORT
OF PHYSICIAN
(Rev. 11101101) CCP 0211 A
(Please print legibly or type)
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
ESTATE OF
Alleged Disabled Person
}
No. _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Docket - - - - - - - - - - - - - - - Page _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
REPORT
- - - - - - - - - - - - - - - - - - - - - - - ' a physician licensed to practice medicine in all its branches in
the State of Illinois, submits the following report on - - - - - - - - - - - - - - - - - - - - - - - - - - - ·
an allegedly disabled person, based on an examination of the respondent on - - - - - - - - - - - - - - ____
NOTE: The examination must have occurred no earlier than three months before the petition for guardianship is filed.
(Attach additional sheet if necessary)
1. Describe the nature and type of the respondent's disability and provide an assessment of how the disability impacts
on the ability of the respondent to make decisions or to function independently. (!'lease state underlying diagnosis, as
well as manifestations of disability.)
2. Provide an analysis and results of evaluations of the respondent's mental and physical condition and, where
appropriate, describe educational condition, adaptive behavior, and social skills:
3. State whether, in your opinion, the respondent is TOTALLY or only PARTIALLY incapable of malting PERSONAL
and FINANCIAL decisions, and, if the latter, the kinds of decisions which the respondent can and cannot make.
lnclnde the reasons for this opinion:
4. What, in your opinion, is the most appropriate living arrangement for the respondent and, if applicable, describe
the most appropriate treatment or habilitation plan. Include reasons for your opinion.
5.
Provide a statement describing the certification, license, or other credentials of the physician preparing this report.
(OVER)
DOROTHY BROWN, CLERK OF THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
REPORT OF PHYSICIAN
(Print or Type Physician's I\' arne)
(Rev. 11101/01) CCP 0211B
Signed: *------------~------~~--------------­
*See reverse side
Address:----------------------------------------City/State/Zip:-----------------------(License No.)
Telephone:-------------------------------------
*This report must be signed by a physician. If the description of the respondent's mental, physical, and educational
condition, adaptive behavior, or social skills is based on evaluations by other professionals, all professionals preparing
evaluations must also sign the report. Evaluations upon which the report is based must have been performed within
3 months of the date of the filing of petition.
Names and signatures of other persons who performed evaluations upon which this report is based:
Name -----------------------------------------------------------------------------------------
Address ----------------------------------------------------------------------------------Certification, licenses, or other credentials -----------------------------------------------------------
Signature-------------------------------------------------------------------------------------
Name
------------------------------------------------------------------------
Address --------------------------------------------------------------------------------------Certification, licenses, or other credentials -----------------------------------------------------------
Signature --------------------------------------------------------------------------------------
DOROTHY BROWN, CLERK OF THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
(Rev. 3/19/01) CCP 0202
Petition for Temporary Guardian for Disabled Person
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT-PROBA Tlc DIVISION
Estate of
No. __________________________
Docket __________________________
Alleged Disabled Person
Page --------------------------
PETITION FOR TEMPORARY GUARDIAN
-------------------------------------------------------------states under the penalties of perjury:
1. Ou -----------------------------• -------- a petition was filed herein for the appointment of a guardian
ofthe ____~~~~--~--~------------~~~~~~------~~~~--~-------------0 2463 (Estnte nnd person)
0 2462 (Estate)
0 2461 (Person)
of ___________________________________________________________________________
2.
A temporary guardian is necessary for the welfare and protection of the respondent because:
Petitioner asks that----------------------.....,.,----------------------------(Addms)
(Name)
------~~.,-------------------~~-------------~.,-------------~~-years,
(City)
(State)
(Zip)
(Age)
-----------------------------------------------------''qualified and willing to act, be appointed as
(Relationship, if any)
tern porary guardian of the ---::;--:-:--:-::--.,------------.,-:;::-.,-.,------------;;::-~-------------- of
(Estate and Person)
(Estate)
(Person)
the alleged disabled person.
Atty. N o . : - - - - - - -
Petitioner
Name: ------------------------------------
Firm Name:-------------------------------
Address
Attorney for Petitioner: ----------------------------
Address: - - - - - - - - - - - - - - - - - - - - - - City/Zip:
City
State
Telephone: -----------------------------------Attorney Certification
DOROTHY BROWN, CLERK OF THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
Zip
(Rev. 7/10/01) CCP 0334
2603 INVENTORY
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
No.
Estate of
Docket _____________________________
Page _____________________________
INVENTORY
---------------·-;-;:;----;=--..,-,--------------'states under the penalties of perjury that the following
(Name and Capacity)
is the -,---.,--,,..-,-----,---...,.-,,--- inventory of the real and personal property of the ..,-,---,,-::-;--,--:-:7--;.,-,---,-:.,-(amcndcd) (supplemental)
{decedent) (minor) (disabled person)
and of any cause of action on which there is a right to sue that has come to the knowledge of the representative:
Item No.
Description
I
i
I
(attach additional sheets as necessary)
The approximate value of personal estate on date of issuance of letters is $ ------------------------The approximate annual income from real estate is$------------------------------------------The bond of the individual representative complies with the requirements of 755 ILCS 5/12-5.
Atty. No.: _ _ _ _ _ __
Atty. Name: ----------------------------------Firm Name:
----------------=---------,-------------Representative
Attorney for Representative
Address:---------------------------------- ------------,------::---:-:::--:-------------Attorney Certification
City/State/Zip:-------------------------------Telephone: ----------------------------------DOROTHY BROWN, CLERK OF THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
(Rev. ll/09/04) CCP 0207
Order Appointing Limited Guardian of Disabled Person
IN HIE CIRCUIT COURT 01' COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT-PROBATE DIVISION
ESTATE OF
}No. _ __
A Disabled Person
ORDER APPOINTING LIMITED GUARDIAN OF DISABLED PERSON
On the petition of
______ for an adjudication of disability and the appointment of a guardian
of the -----,;:;:;::;-::;·---;::=::::;----;:::;c:;;c;c:=:::cc---------ofthe above named disabled person, the Court, having heard the
(estate)
(person)
(estate & p<'rson)
evidence presented, finds~
I.
The 1·espondent is a disabled person and
*a. lacks some but not all understanding or capacity to make or communicate responsible decisions concerning the care of the respondent's
person;
*b. lacl<s some but not all of the ability to manage the respondent's estate or financial affah·s.
"~• 2. The appointment of a guardian ad litem is not necessary for the protection of the disabled person or a reasonably informed decision on the petition.
* 3. No suitable and willing person other than the State Guardian, could be found to accept the guardianship appointment.
4. The factual basis tOr the above findings of the Court is as follows (continue on reverse side if additional space is needed):
IT IS HEREBY ORDERED that:
*A. The appointment of a guardian ad Utem is waived.
*B. The disabled person's presence at the hearing is excused for the reason that the record shows that the disabled person:
*refuses to be present .QR ".-will suffer harm if required to attend.
*C.
is appointed as limited guardian of the
of the disabled person.
(estate)
(estate & person)
*D.
is appointed as limited guardian of the person of the disabled person.
E. Letters of limited guardianship shall issue in accordance with the provisions of this Order.
F. *i. In the case of the limited guardian ofthe estate, the autho1·ity specifically reserved to the disabled person is as follows:
* ii. In the case of the limited guardian ofthe person, the authority specifically conferred on the guardian is as follows:
G.
1
'i.
The bond of the limited guardian of the-----,---,--:-;-----;-:--;-,.------,---'' and the surety thereon, are approved.
(estl!te)
(estate & person)
ii. The bond of the limited guardian of the person is approved.
*H. The limited guardian of the estate shall present to the Court:
i. an inventory as required by section 14-1 within 60 days from the date ofthis Order, or shall appear before the Court
-A·
on __________________, _ _ _ _ _ a t - - - - - - - - m . (not more than 60 days after the date of this Order),
ii. a verified account as required by section 24-11 (a) within 30 days after the expiration of one year from the date of this Order, and
annually thereafter, or shall appear before the Court o n - - - - - - - - - - - - - - - - - - ' - - - - at _ _ _ _ _ _ ____em. (not more than 13 months after the date of this Order).
*I.
·k
J.
The limited guardian of the person shall file a report as required by section 11 a-17(b) within 30 days after the expiration of one year from the
date of this Order, and annually thereafter, or shall appear before the Court o n - - - - - - - - - - - - - - - - - - ' _ _ _ __
at
m. (not more than 13 months after the dflte ofthis Order).
The Cieri{ of the Cil·cuit Court of Cook County shall mail to the disabled person at the residence address set forth in the l)etition filed herein a
written statement informing the disabled person of the person's right under section lla-20 to petition for termination of adjudication of
disability, revocation of the letters of limited guardianship of the estate or person, or both or modification of the duties ofthc limited guardian,
and of the procedures for petitioning the court.
*Stl"ike if not applicable.
Atty. N o . : - - - - - - - - - - Name:
Firm Name: __________________________
ENTERED:
DATE:
Attorney for Petitioner: - - - - - - - - - - - - - - - - - - - Address:
City/State/Zip: - - - - - - - - - - - - - - - - - - - - -
Judge
Telephone: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
DOROTHY BROWN, CLERK OF THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
Judge's
(Rev. 7/5/00) CCP 0313
4261 Oath And Bond Of Representative- No Surety
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT- PROBATE DIVISION
Estate of
No. --------------------------Docket
Page
OATH AND BOND OF REPRESENTATIVE-NO SURETY
I,-------------------------------------------------'' on oath state that I will discharge
faithfully the duties of the office of representative, and I acknowledge that I am bound to the People of the State of
Illinois to the faithful discharge of those duties in an amount equal to double the value from time to time ofthe personal
estate.
APPROVED:
Address
Judge
Judge's No.
Signed and sworn to before me
Atty. No.:-------------Name: ----------------------------------Firm Name: ------------------------------
Atty. for Representative: ____________________
(Clerk of Court)
(Notary Public)
Address: -------------------------------City/Zip: -----------------------------Telephone: ------------------------------
DOROTHY BROWN, CLERK OF THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
(Rev. 7/5/00) CCP 0339
4610 Bond- Additional- Surety
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT- PROBATE DIVISION
Estate of
No. _ _ _ _ _ _ _ _ _ _ _ _ __
Docket _ _ _ _ _ _ _ _ _ _ _ _ __
Page _ _ _ _ _ _ _ _ _ _ _ _ __
BOND- ADDITIONAL- SURETY
VVc'-----------------~~~~-------------------and
(principal)
---------------------~~~-------------------(surety)
and
(surety)
jointly and severally bind ourselves to the People of the State of Illinois that the principal will continue to discharge
faithfully the duties of the office of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
The obligation of this bond is limited to$-:---:----::----:---:-:------------------and is in addition to the bond previously filed herein by the principal.
APPROVED:
*
As Principal
Address
(State)
(City)
(Zip)
Judge's No.
Judge
*
As Surety
Address
Atty. N o . : - - - - - - -
(City)
(State)
(Zip)
Atty. N a m e : - - - - - - - - - - - - - - - - Atty. for P r i n c i p a l : - - - - - - - - - - - - - -
*
Address: - - - - - - - - - - - - - - - - - - City/State/Zip: _ _ _ _ _ _ _ _ _ _ _ _ _ __
Address
Telephone: - - - - - - - - - - - - - - - - -
As Surety
(City)
(State)
(Zip)
Signed and sworn to before me on this _ _ _ _ ___ day of
*First name of principal and individual surety must be written in full.
(Clerk of Circuit Court)
(Notary public)
DOROTHY BROVVN, CLERK OF THE CIRCUIT COURT OF COOK COlJNTY, ILLINOIS
(Rev. 6/19/02) CCP 0381
4622 Discharge or Cancel Bond
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT- PROBATE DIVISION
ESTATE OF
No. ----------------------------Docket - - - - - - - - - - - - - - - - - - - - - Deceased
Page------------------------
ORDER OF DISCHARGE
On presentation ofthe final account of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
---------------------Y due notice having been ------------------------------------- all
(given to)
(waived by)
persons entitled thereto, the court having been advised that all acts necessary in the proper administration of the
estate have been performed according to law, and that the estate has been distributed to the person(s) entitled thereto.
It is ordered that the final account is approved and, _ _ _ _ _ _ _ _ _- , - - - - - - , - - - - - - - - - - ( name)
- - - - - - - - - - - - - - - - - - - - - - - - - ' ' is discharged and the bond canceled, and the estate
(oflice)
is closed. 4049
Atty. No.------------Name:
Firm Name:
Attorney f o r : - - - - - - - - - - - - - - - - -
ENTER:
Address: - - - - - - - - - - - - - - - - - - - - City/State/Zip: - - - - - - - - - - - - - - - - - Judge
Judge's No.
Telephone: - - - - - - - - - - - - - - - - - - - DOROTHY BROWN, CLERK OF THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
(1120/05) CCP 0001
Order Dismissing Petition for Guardianship
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT-PROBATE DIVISION
Estate of
No. ----------------------------A Minor
ORDER DISMISSING PETITION FOR GUARDIANSHIP
Upon the failure of the Petitioner, -----------------------------------------' to proceed with the
Petition for Guardianship of the minor, and the Court being fully advised;
IT IS ORDERED on the Court's own motion that:
A. The Petition for Guardianship in the above-captioned cause be dismissed for want of prosecution; and
B. The estate be closed.
ENTERED:
Dated:--------------------- _____
Judge
Judge's No.
DOROTHY BROWN, CLERK OF THE CIRClJIT COURT OF COOK COUNTY, ILLINOIS