Guardianship is when one person makes decisions for another person who can't make decisions for themselves. A judge creates a guardianship when someone files a petition. If someone wants to end or change the guardianship, a judge also needs to be involved in that.
There can be several reasons for someone wanting to change or end a guardianship:
- The guardian can no longer be a guardian due to death, relocation, or other reasons;
- The guardian fails to do their job as a guardian by either not doing anything or making bad decisions;
- The person who has the guardian no longer needs the guardian or doesn't need the guardian to do as much.
If you want to change or end a guardianship, you will have to file a petition with the court where the guardianship was started. You must be the person who has the guardian, a family member, or some other interested person. This means the guardianship has to affect you in some way.
The judge will read the petition, hold a hearing, and make a decision. They might change the current guardianship, end it, or do nothing. They might also appoint a successor guardian. This is a guardian who takes over for someone else.
If you want to file a petition to end or change a guardianship, contact the circuit clerk in your county to find out what the process is for modification of guardianship agreement.
Here are the forms in Cook County:
Petition for Appointment of Guardian for Disabled Person
Order Appointing Plenary Guardian for Disabled Person
Petition for Temporary Guardian
Order Appointing Temporary Guardian
Order Appointing Guardian ad Litem For Alleged Disabled Person
Statement of Right to Discharge Guardian or Modify Guardianship Order
Summons for Appointment of Guardian for Disabled Person
Instructions to Guardians
Updated: May 2017