Free IN THE CIRCUIT COURT - Illinois

INSTRUCTIONS FOR COMPLETING PETITION FOR GUARDIANSHIP OF A MINOR

Total Fee: $99.00 ($79 filing fee, plus $20 notice fee) Please read these instructions before you complete forms. 1. Fill out the attached forms completely before filing your petition. Print all required information. Fill in all blanks completely. If you are petitioning for guardianship of more than one minor, separate petitions must be completed. All petitions, however, will be filed under one case number. If you are unable to pay the filing fee, affidavits to sue or defend as a poor person are available in the Circuit Clerk's office. All affidavits must be approved by the Probate Judge. List both parents and their current or last-known addresses. Any parent who does not sign an entry of appearance agreeing to the guardianship must be served with the petition and notice of hearing. Arrangements must be made with the Sheriff's Department for service. The required service fee must be paid to the Sheriff (unless you are authorized to proceed as a poor person). If a parent's whereabouts are unknown, you must obtain service on him/her by publication in a local newspaper ­ unless excused by the court for cause. You must submit a bond with surety unless the guardianship is of the person only. Your hearing date will be approximately 3 to 4 weeks after your completed petition is filed with the Circuit Clerk.

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IN THE CIRCUIT COURT THIRD JUDICIAL CIRCUIT MADISON COUNTY, ILLINOIS
In re the Matter of the Estate of:
CASE. NO. _______________ ________________________________, a Minor date of birth: ________________ Hearing on this Petition has been set for on ______________

PLEASE PRINT ALL INFORMATION; FILL IN EACH AND EVERY PARAGRAPH.

PETITION FOR GUARDIAN
_____________________________, Petitioner, a reputable citizen of Illinois, residing at _____________________________________________, telephone: __________________ on oath states: l. Petitioner is not related to the minor child. Petitioner is related to the minor child as ____________________________.

2. It is necessary that a guardian be appointed for the minor child because ____________________________________________________________________________ ____________________________________________________________________________ 3. Petitioner asks that ________________________, aged _________ years, with occupation of ____________________________________ who resides at ________________________________________________ be appointed guardian of the _________________________ of the minor.
Person / Estate / Person and Estate

4. The minor currently resides at __________________________________________. 5. The person(s) having custody of the minor is/are __________________________ residing at _________________________________________. 6. To the best of my knowledge, no other guardian has been appointed for the minor by any court. No other Court cases have been filed concerning this minor. The following Court cases are pending concerning this minor or have had Orders entered concerning this minor: ___________________________________________

7.

The names and addresses of the nearest adult relatives of the minor are: .

Mother: _______________________ who resides at

Father: _______________________ who resides at ________________________________. ______________________________ who resides at ________________________________.
Spouse, if any, parents, and adult siblings must be listed above.

*Other*: ________________________ who resides at _______________________________.
*Other relatives including nearest adult kindred are to be named only if they have physical custody of the minor, or if the parents are deceased, or their whereabouts are unknown.

8.

The approximate amount of the minor's personal estate is $

and

the amount of his/her anticipated gross annual income is $________________. 9. No authority to compromise any action belonging to the minor is sought and

no authority to sell, encumber or dispose of any asset in which the minor has an interest is sought unless by a separately filed Petition herein. 10. I further certify by my signature below under penalty of perjury that I know of no legal

proceedings or orders concerning the possession, custody or guardianship of the minor in any Court in any State including Juvenile Court, Family Court, Probate Court or Order of Protection proceedings except as set forth hereinabove. WHERFORE, it is requested that the relief sought herein be granted by the Court.

____________________________________ PETITIONER Signed and sworn to before me this _________ day of _________________, 20____.

____________________________________ Notary Public / Deputy Clerk

___________________________________________ Attorney for Petitioner Address:___________________________________ Phone:_____________________________________ IL Bar Registration NO. _______________________

***************************** NOTE: A minor 14 years of age or older may nominate a guardian for their person and/or estate subject to the Court's approval. (See separate nomination form). NOTE: Notice of the hearing on this Petition must be given to the minor if over 14 years of age and to the parents, relatives and proposed guardian listed on the Petition.

IN THE CIRCUIT COURT THIRD JUDICIAL CRICUIT MADISON COUNTY, ILLINOIS

In re the Matter of the Estate of

, a MINOR

No.

OATH OF OFFICE
I , on oath state that I will discharge
Person / Person and Estate / Estate

faithfully the duties of the Office of Guardian of the of the minor named herein.

Guardian's Signature

Name: Address:

Signed and sworn to before me this Day of , 20

Notary Public/Deputy Clerk

NOTE: BOND WITH SURETY IS WAIVED ONLY IF GUARDIANSHIP IS OF THE PERSON ONLY.

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IN THE CIRCUIT COURT FOR THE THIRD JUDICIAL CIRCUIT MADISON COUNTY, ILLINOIS

In re the Matter of the Estate of _____________________________, A MINOR No. __________________

PARENT'S ENTRY OF APPEARANCE I, ________________________________________, being the natural father / mother (circle one) of the above minor, enter my appearance in this case for the appointment of a guardian for said minor and waive the necessity of notice on me. I approve of the Guardian being appointed as set forth in the Petition for Guardian. I fully understand that if an Order is entered appointing a guardian for my child, that the Guardian(s) has the full custody of my child. I further certify by my signature below under penalty of perjury that I know of no legal proceedings or orders concerning the possession, custody or guardianship of the minor in any Court in any State including Juvenile Court, Family Court, Probate Court or Order of Protection proceedings. __________________________________________ Parent's Signature Name: ____________________________________ Address: __________________________________ __________________________________________ Telephone: ________________________________ Signed and sworn to before me this _____ day of ________________, 20_____ ____________________________________ Notary Public/Deputy Clerk

NOTICE: THIS IS A LEGAL DOCUMENT. IF YOU HAVE ANY QUESTIONS ABOUT THE LEGAL EFFECT OF SIGNING THIS DOCUMENT, YOU SHOULD SEEK LEGAL ADVICE FROM A LAWYER.

IN THE CIRCUIT COURT THIRD JUDICIAL CIRCUIT MADISON, COUNTY, ILLINOIS

In re Matter of the Estate of , A MINOR NO.

NOMINATION OF GUARDIAN BY MINOR Being a minor over 14 years of age, residing at I nominate as guardian of my
Person/Estate/Estate and Person

,

Date

Minor's Signature

Subscribed and sworn to before me This day of , 20

Notary Public / Deputy Clerk

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IN THE CIRCUIT COURT THIRD JUDICIAL CIRCUIT MADISON COUNTY, ILLINOIS
In re the Matter of the Estate of , a minor BOND WITH SURETY I, , bind myself to the People of the NO.

State of Illinois that I will faithfully discharge the duties of the office of Guardian of the of the minor named herein.
Person and Estate / Estate

The obligation of this bond is limited to $

with
Individual/Corporate

surety.

Guardian's Signature Name: Address: Approved: Telephone: Signed and sworn to before me this day of , 20

Presiding Judge

Notary Public/Deputy Clerk Individual Surety's Signature Individual Surety's Signature

Name: Address: Telephone: Signed and sworn to before me this day of , 20
Notary Public/Deputy Clerk

Name: Address: Telephone: Signed and sworn to before me this day of , 20
Notary Public/Deputy Clerk

.

.

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IN THE CIRCUIT COURT FOR THE THIRD JUDICIAL CIRCUIT MADISON COUNTY, ILLINOIS In Re The Matter Of ) ) ) ) Case No.

ORDER APPOINTING GUARDIANSHIP OF MINOR(S) Matter comes before this Court on the Petition for the appointment of Guardian of the above Minor(s). This Court being fully advised herby FINDS as follows:

1.

The minor(s) (does) (do) not have a living parent, adoptive parent, or adjudicated parent, whose whereabouts are known who is willing and able to make and carry out day to day child care decisions concerning the minors(s). The of the Guardian of the Minor(s). (has) (have) consented to the appointment

After receiving notice of this hearing pursuant to statue, (has) (have) failed to appear and object to the appointment of a Guardian of the Minor(s). 2. The Petitioner(s) (is) (are) at least eighteen (18) years of age, resident(s) of the United States, not of unsound mind, not adjudicated disable person(s), and not convicted felon(s). It is in the best interest of the Minor(s) that a Guardian be appointed

3. 4.

Based upon the foregoing, it is therefore ORDERED: A. of the B. Letter of office to issue. (is) (are) appointed the Guardian(s) of the minor(s).

Date: Judge Presiding 1 of 1