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 An objection may be withdrawn.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 the ward has been appointed, institute proceedings, including administrative proceedings, or take other appropriate action to compel the performance by any person of a duty to support the ward or to pay sums for the welfare of the ward;
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