Changes in Guardianship
Guardian Dies, Resigns, or No Longer Qualified
A petition to appoint a new guardian may be filed without payment of a new filing fee. Notice or consent is required in the same manner as when the original petition for guardianship was filed.
If a guardian of the person of a minor resigns and there is no parent or any other qualified adult able or willing to be appointed as the new guardian, the minor may have to be placed in foster care under the supervision of the Illinois Department of Children and Family Services.
Minor Becomes a Legal Adult
When the minor turns 18 years of age, guardianship of the person ends, and the guardian's letters are revoked.
Even though a guardianship ends automatically when the minor reaches the age of 18, the guardian of the estate of a minor is not discharged until a final account has been filed with and approved by the Court. Unless excused by the Court, a minor who has reached the age of 18 must appear in court with the guardian for the hearing on the final account.
If the funds of the minor are being held in a government insured account or in United States Obligations subject to withdrawal only upon court order, it may be necessary for the guardian to obtain a court order to authorize the release of the funds to a minor who has reached the age of 18.
Removing a Guardian
A guardian may be involuntarily removed as the guardian on the motion of the court or on the motion of any interested person if the guardian fails to perform the duties of the guardian. A guardian may also be removed if the court finds that because of a change in circumstances the guardianship is no longer necessary or appropriate to serve the best interests of the minor.
An order appointing a guardian does not terminate the parental rights of the parents of the minor. A parent may file a petition seeking discharge of the guardian. If the guardian or any interested person opposes the parent’s petition, the court will conduct a hearing before making a determination on the parent’s petition.
Notice of a petition to discharge must be given to the guardian and to the parents or nearest relatives of the minor. For requirement information, please view this Guardian page.
A guardian may voluntarily resign as the guardian of a minor by signing a statement of resignation and presenting the statement of resignation to the court. The court may ask the guardian to explain what arrangements will exist for the care of the minor after the guardian is discharged. If there is no parent or other qualified adult able and willing to care for the minor, the minor may be placed in foster care under the supervision of the Department of Children and Family Services.