Answer: You will need to file a Petition for Guardianship and Conservatorship with the Probate Court in the county of residence for your mother in Illinois. I practice Probate Law in Georgia, and every state may handle the petition process a little differently. Please check with the website www.ProbateIllinois.com. There you can enter the county of residence for your mother and proceed directly to that county’s Probate Court website for more specific information regarding the petition process. You will need to contact a Probate Law attorney in Illinois, who is familiar with the court of jurisdiction. If the process in Illinois is like the process in Georgia, then procedurally this is what you can anticipate: A lengthy Petition for Guardianship and Conservatorship must be completed, which will include among other things, your mother’s financial records, medical examination reports/physician affidavit, and contact information for all living relatives. The relatives are notified by copy of the petition, and they are given time to object by filing a caveat if they so choose. If a caveat is filed, a period of discovery is allowed by the court before setting a court date. Mediation may be mandated by the court or the parties may elect to resolve any differences thereby. If no resolution can be reached, a bench trial takes place, and the Probate judge decides the outcome. If there is no opposition to the petition, a less formal in chambers hearing is held by the Probate judge, and the Guardianship and Conservatorship is granted by the court to the petitioner. I hope this information proves helpful, and I wish you the best of luck!
To locate experts in your state who can help you with these elder care matters, go to: www.ElderCareMatters.com/statechapters.htm
Dennis Duncan, Attorney at Law
The Law Offices of Dennis L. Duncan, P.C.
Macon, Georgia 31210
Member of the national ElderCare Matters Alliance, Georgia chapter
If you need answers to your elder care questions, send your questions to us at:
Answers are provided by our ElderCare Matters Partners, some of America's TOP Elder Care Professionals who have years of experience in helping families plan for and deal with a wide range of Elder Care / Senior Care Services.
All Q&A's are posted on the homepage of ElderCareMatters.com
If you help familes plan for or deal with elder care matters, then you owe it to yourself and to families across America to become a professional member of the National ElderCare Matters Alliance and to be listed on the many Elder Care / Senior Care Directories that are sponsored by this National Alliance of Elder Care Professionals.
For additional information about professional membership in the National ElderCare Matters Alliance, (including the many benefits of becoming one of our ElderCare Matters Partners) and to download an Application for your Basic, Premium or Partner Membership in the National ElderCare Matters Alliance, visit: ElderCare Matters Alliance.