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I have a special needs son who is 47. Mentally he is about…

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I have a special...

I have a special needs son who is 47. Mentally he is about the age of 12. do I need a POA or guardianship. to make financial and medical decisions for him?

Lawyer's Assistant: Can you tell me what state this is in? And just to clarify, what paperwork has been filed?

Illinois

Lawyer's Assistant: Have you talked to a lawyer yet?

Not recently

Submitted: 9 months ago.Category: Family Law
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9/21/2017
Family Lawyer: lawyerJ, Lawyer replied 9 months ago
lawyerJ
lawyerJ, Lawyer
Category: Family Law
Satisfied Customers: 177
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Hi there. My name is ***** ***** I'm a licensed attorney. I'm reviewing your question and will respond shortly. Please note, all information is provided for educational purposes only.

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Family Lawyer: lawyerJ, Lawyer replied 9 months ago

What you're going to want to is file a petition for guardianship. You'll be filing in the probate court of the county that you live in. You'll need to gather the following information:

1) An estimate of the total value of the adult's personal assets, including bank accounts and cars;

2) A list of any real estate the adult owns and the value of the real estate, especially if the property will be sold

3) The adult's yearly income, including pensions, social security, disability, rent, and wages

4) A list of the adult's closest living relatives, such as parents, siblings, spouse, and children

5) A doctor's report that is no more than 3 months old that specifies that a form of guardianship is needed because the person with a disability cannot make personal or financial decisions on their own

You'll then be filing the following forms:

1) Petition for Appointment of Guardian for Disabled Person: Complete this form to help you become the guardian of a disabled adult.

2) Exhibit A to Appointment of Guardian for Disabled Adult: Use this form if you need to notify any of the adult's relatives that you are petitioning for guardianship.

3) Probate Division Cover Sheet: Use this form when filing your initial petition in court.

4) Summons for the Appointment of Guardian for Disabled Person with Notice of Rights of Respondent: These forms let the adult know that you are filing a guardianship case.

5) Notice of Motion to the Respondent's Relatives: This form lets the adult's relatives know about the guardianship case.

6) Order Appointing Plenary Guardian of Disabled Person: This is the document the judge will sign if they decide to make you a plenary guardian.

7) Order Appointing Limited Guardian of Disabled Person: This is the document the judge will sign if they decide to make you a limited guardian.​

Often, you can get copies of these forms and file online depending on the county that you're in. If you let me know what county in Illinois you're located in, I can check their court website for you to see if they are available there.

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