After appointing a guardian for an adult with a mental, physical or developmental disability (a ward), necessary changes can be made. A judge can modify or terminate a guardianship if doing so is in the best interest of the ward.
Here are three reasons that can lead to a modification of guardianship in Illinois:
1. Unwilling to continue serving
If a guardian is unwilling to accept the appointment or continue serving, a judge can appoint a successor guardian. Different reasons can make a primary guardian change their mind. For example, their relationship with the ward may have changed.
2. Unable to continue serving
A guardian may be unable to serve due to incapacitation or death. They may also be unavailable to serve, perhaps they currently have other critical responsibilities that make it impossible for them to be available for the ward as required.
3. An annual report recommending a change
A guardian is required to submit an annual report on ward to the court explaining the ward’s current mental, physical, and social condition, services provided to the ward (medical, educational, vocational, and other professional services), the ward’s living arrangement and guardian’s activities on behalf of the ward.
Additionally, a guardian will provide a recommendation as to the need for continued guardianship. They can recommend the guardianship be changed (possibly a change to their duties) or revoked. In that case, they will file a petition for modification or termination of guardianship. The court will then gather adequate information to make the right call.
Due to the sensitivity of the role of guardianship, the court allows the ward or their loved ones to retain the right to ask it to modify or dismiss the agreement. Learn more about this document to avoid costly mistakes.
