Complete Home & Office Legal Guide/Complete Home and Office Legal Guide (Chestnut) (1993).ISO/stat/mprc/prob5.asc

Text File | 1993-08-24 | 59KB | 1,265 lines

/* Part 5 of 7 */
PART 2

GUARDIANS OF MINORS

Section 5-201.  [Appointment and Status of Guardian of
 Minor.]

 A person may become a guardian of a minor by parental
appointment or upon appointment by the Court. The guardianship
status continues until terminated, without regard to the location
from time to time of the guardian or minor ward.

Section 5-202.  [Parental Appointment of Guardian for Minor.]

 (a) The parent of an unmarried minor may appoint a
guardian for the minor by will, or other writing signed by the
parent and attested by at least 2 witnesses.

 (b) Subject to the right of the minor under Section
5-203, if both parents are dead or incapacitated or the surviving
parent has no parental rights or has been adjudged to be
incapacitated, a parental appointment becomes effective when the
guardian's acceptance is filed in the Court in which a nominating
instrument is probated, or, in the case of a non-testamentary
nominating instrument, in the Court at the place where the minor
resides or is present.  If both parents are dead, an effective
appointment by the parent who died later has priority.

 (c) A parental appointment effected by filing the
guardian's acceptance under a will probated in the state of the
testator's domicile is effective in this State.

 (d) Upon acceptance of appointment, the guardian shall
give written notice of acceptance to the minor and to the person
having the minor's care or the minor's nearest adult relative.

Section 5-203.  [Objection by Minor of Fourteen or Older to
Parental Appointment.]

A minor 14 or more years of age who is the subject of a parental
appointment may prevent the appointment or cause it to terminate
by filing in the Court in which the nominating instrument is
filed a written objection to the appointment before it is
accepted or within 30 days after receiving notice of its
acceptance. An objection may be withdrawn. An objection does not
preclude appointment by the Court in a proper proceeding of the
parental nominee or any other suitable person.

Section 5-204. [Court Appointment of Guardian of Minor;

 Conditions for Appointment.]

 (a) The Court may appoint a guardian for an unmarried
minor if all parental rights have been terminated or suspended by
circumstances or prior Court order.  A guardian appointed
pursuant to Section 5-202 whose appointment has not been
prevented or nullified under Section 5-203 has priority over any
guardian who may be appointed by the Court, but the Court may
proceed with another appointment upon a finding that the parental
nominee has failed to accept the appointment within 30 days after
notice of the guardianship proceeding.

 (b) If necessary, and on appropriate petition or
application, the Court may appoint a temporary guardian who shall
have the full authority of a general guardian of a minor, but the
authority of a temporary guardian may not last longer than 6
months.  The appointment of a temporary guardian for a minor may
occur even though the conditions described in subsection (a) have
not been established.

Section 5-205. [Venue.]

 The venue for guardianship proceedings for a minor is in
the court at the place where the minor resides or is present at
the time the proceedings are commenced.

Section 5-206.  [Procedure for Court-appointment of Guardian of
Minor.]

 (a) A minor or any person interested in the welfare of
the minor may petition for appointment of a guardian.

 (b) After the filing of a petition, the Court shall set a
date for hearing, and the petitioner shall give notice of the
time and place of hearing the petition in the manner prescribed
by Section 1-101 to:

 (1) the minor, if 14 or more years of age and not the
petitioner;

 (2) any person alleged to have had the principal care and
custody of the minor during the 60 days preceding the filing of
the petition; and

 (3) any living parent of the minor.

 (c) Upon hearing, if the Court finds that a qualified
person seeks appointment, venue is proper, the required notices
have been given, the conditions of Section 5-204(a) have been
met, and the welfare and best interest of the minor will be
served by the requested appointment, it shall make the
appointment and issue letters. In other cases, the Court may
dismiss the proceedings or make any other disposition of the
matter that will serve the best interest of the minor.

 (d) If the Court determines at any time in the proceeding
that the interests of the minor are or may be inadequately
represented, it may appoint an attorney to represent the minor,
giving consideration to the preference of the minor if the minor
is 14 or more years of age.

/* This is an issue which is one that causes some difficulty, in
that even minors over the age of 14 may want persons as guardians
who are "nicer" to them without regard to who will best
objectively assist and protect them. */

Section 5-207. [Court Appointment of Guardian of Minor;
Qualifications; Priority of Minor's Nominee.]

 The Court may appoint as guardian any person whose
appointment would be in the best interest of the minor. The Court
shall appoint a person nominated by the minor, if the minor is 14
or more years of age, unless the Court finds the appointment
contrary to the best interest of the minor.

Section 5-208. [Consent to Service by Acceptance of Appointment;
Notice.]


 By accepting a parental or court appointment as guardian,
a guardian submits personally to the jurisdiction of the Court in
any proceeding relating to the guardianship that may be
instituted by any interested person.  The petitioner shall cause
notice of any proceeding to be delivered or mailed to the
guardian at the guardian's address listed in the Court records
and to the address then known to the petitioner.  Letters of
guardianship must indicate whether the guardian was appointed by
court order or parental nomination.

Section 5-209. [Powers and Duties of Guardian of Minor.]

 (a) A guardian of a minor ward has the powers and
responsibilities of a parent regarding the ward's support, care,
and education, but a guardian is not personally liable for the
ward's expenses and is not liable to third persons by reason of
the relationship for acts of the ward.

 (b) In particular and without qualifying the foregoing, a
guardian shall:

 (1) become or remain personally acquainted with the ward
and maintain sufficient contact with the ward to know of the
ward's capacities, limitations, needs, opportunities, and
physical and mental health;

 (2) take reasonable care of the ward's personal effects
and commence protective proceedings if necessary to protect other
property of the ward;

        (3) apply any available money of the ward to the ward's
current needs for support, care, and education;

 (4) conserve any excess money of the ward for the ward's
future needs, but if a conservator has been appointed for the
estate of the ward, the guardian, at least quarterly, shall pay
to the conservator money of the ward to be conserved for the
ward's future needs; and

 (5) report the condition of the ward and of the ward's
estate that has been subject to the guardian's possession or
control, as ordered by the Court on petition of any person
interested in the ward's welfare or as required by Court rule.

 (c) A guardian may:

 (1) receive money payable for the support of the ward to
the ward's parent, guardian, or custodian under the terms of any
statutory benefit or insurance system or any private contract,
devise, trust, conservatorship, or custodianship, and money or
property of the ward paid or delivered pursuant to Section 5-101;

 (2) if consistent with the terms of any order by a court
of competent jurisdiction relating to detention or commitment of
the ward, take custody of the person of the ward and establish
the ward's place of abode within or without this State;

 (3) if no conservator for the estate of t