What happens if there is a dispute about who should serve as Guardian?

If the interested parties to a Guardianship action have a disagreement about who should serve as the Guardian for an alleged disabled person, Guardianship litigation will ensue in the Guardianship Court. All parties who are interested and feel qualified to serve as the Guardian can file a petition to be appointed as the Guardian. The Court will likely appoint a Guardian Ad Litem to interview all the parties involved and make a recommendation to the Court about who should serve as the Guardian. The Court will give great deference to the Guardian Ad Litem's (also known as a GAL) Report.

Ultimately, if a settlement/agreement is not reached among the parties, the Guardianship action will end in a trial to determine who should act as Guardian. Illinois Guardianship trials have more relaxed procedural rules, and tend to be more like formal contested hearings. At the end of the trial, the Guardianship judge will make a determination about who should serve as the Guardian and what powers that individual will have with regard to the Guardianship.

If you are in need of an experienced guardianship litigation attorney, please contact your local bar association today for a trusted referral.