Knowledgebase

Obtaining Guardianship of the Person of a Disabled Adult


Fill out the following forms:

Probate Division Cover Sheet

Petition for Appointment of Guardian for Disabled Person

Notice of Rights of Respondent

Summons for the Appointment of Guardian for Disabled Person

Notice of Motion to the Respondent's Relatives

CCP-211 Doctor's Report

Oath and Bond of Representative - No Surety

Exhibit A

Order Appointing Guardian Ad Litem for Disabled Person

Order Appointing Plenary Guardian for Disabled Person

Order Appointing Limited Guardian for Disabled Person

Pay fees and file forms (Fee Schedule CCP 0607).  Take the following completed forms to be filed at the Probate Court Clerk, Room 1202, Richard J. Daley Center, 50 West Washington.

Petition (including Exhibit A) - Five (5) copies; Summons - Three (3) copies - double-sided and pay $137.00 fee.  If you cannot afford to pay the required fee and meet the income standard, you may qualify as an indigent. The proper form can be obtained from the Probate Court Clerk, Room 1202, Richard J.  Daley Center, 50 West Washington.

Ask which Disabled Calendar the case has been assigned.  This will include the name of the Judge who is hearing the case and the room number where the hearing will take place.  Obtain a court date. Go to the courtroom of the Judge to whom the case has been assigned and tell the clerk you need to get a date for a Guardianship hearing.  Record this information on the Summons, Notice of Rights, Petition and Notice of Motion.  Issue the Summons go the Probate Court Clerk, Room 1202, Richard J. Daley Center, 50 West Washington, to have the Summons issued.  The Clerk behind the Forms desk (at Counter 7a) will be able to assist you.

Arrange for service of Respondent by Cook County Sheriff's Office.

Go to the Cook County Sheriff's Office, 7th Floor, Richard J. Daley Center, 50 West Washington Street. You must arrange for the allegedly disabled person to receive the Petition, Notice of Hearing and Notice of their rights. This is known as service and must be done through the Cook County Sheriff's Office.

Service must be made NO LATER THAN 14 DAYS PRIOR TO THE HEARING DATE.

Pay the Cook County Sheriff's Office fee the required fee, plus $.40 per mile for service of the Petition and Guardianship Summons on the Respondent.

Notice

Mail the Petition and the Notice of Motion with the court date, time and location, to all the parties listed on Exhibit A, such as any spouse, ADULT child, sibling (brother or sister) of the disabled person. The Notice of Motion informs all parties that they may appear and participate in the proceedings. In the event that the disabled person does not have any of these relatives surviving them or if there whereabouts are unknown, notice must then be given to any next of kin known. The Petitioner must send these documents 14 days before the hearing date.

Please bring the following items to court on your hearing date: the allegedly disabled person (if this is not possible because of the nature of the disability, some proof of disability should be prepared for the court); the Petition (your copy); the Order (the original and one copy); the CCP-211 (Doctor's Report - one completed copy and one copy for yourself); the Oath and Bond of Representative - No Surety (one original and one copy); the Notices of Motion (a copy of each Notice sent to each relative); the order appointing Plenary Guardian for Disabled Person (blank original) and the order Appointing Limited Guardian for Disabled Person (blank original).

After the hearing, the court will send you Letters of Office. If you need a certified copy go to Room 1202 to get a certified copy of the order.  The certified copies cost approximately $4.00 each Duties of the Guardian Decisions made by a guardian on behalf of a ward must be made using substituted Judgment, that is done by conforming as closely as possible to what the ward, if competent, would have done. If this cannot be determined, the guardian must act in the best interest of the ward.