In this article, we will discuss the restoration process of a disabled adult under Illinois guardianship and answer the following questions:
- What is restoration of an individual with disability?
- What are the requirements for the court to proceed with restoration?
- How does the petitioning process work?
While we hope it will never happen, some of us may need guardianship services in our lifetime. For some, these services will last throughout their lifetime, and for others, only a few months. Whatever the time frame, for those who no longer need a guardian there is a legal restoration process they must go through.
What Is Restoration Of An Individual With Disability?
Restoration is the process by which a disabled person under some degree of guardianship regains all or some of their rights and responsibilities. It refers to restoring a disabled person’s responsibilities back to pre-guardianship status or modifying an existing guardianship to give the ward more responsibility. The restoration process is considerably less involved then the removal of a guardian, as most instances of restoration occur because the ward is clearly able to hand increased responsibility. The ward, or a person on behalf of the ward, may request restoration of an individual with disability or modification of a guardianship via written letter, phone call, or a visit to the judge.
What Are The Requirements For The Court To Proceed With Restoration?
If a verified petition for restoration is filed by the guardian or the ward, the court will consider the following minimum requirements when deciding to pursue termination or modification of the guardianship:
- Does a report from a qualified physician demonstrate that the disabled person is no longer in need of guardianship or should have their current guardianship agreement modified?
- Does the individual with a disability no longer wish to be under guardianship or desires that the guardianship agreement is modified?
- Does the guardian of the individual with disability agree that the desired revocation or modification is in their ward’s best interest?
If the answer to all three of the above is “yes,” then the court will proceed with the restoration.
How Does The Petitioning Process Work?
The individual with disability, or anyone on their behalf, can petition for restoration. Once the request has been made the court may appoint a guardian ad litem (GAL) to investigate the situation and report back to the court on any allegations contained in the restoration request.
If the ward is not the petitioner, then the petitioner must provide notice of hearing to the ward 14 days before the hearing date. The petitioner must also provide notice to each person issued letters of guardianship that have not been revoked.
If the ward files a petition for restoration, it is the respondent’s responsibility to file an answer. It should be noted that if the respondent feels his or her ward is ready to take responsibility for the tasks covered in the guardianship agreement, thereby modifying or terminating the guardianship, a lack of response does not automatically confirm the ward’s petition. Whatever the guardian’s position on the restoration petition, in agreement or opposition, a written answer will help move the process along.
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