Guardianship – Disabled Adult
This section provides information on what is required to become the guardian of a disabled person. These procedures apply to the person as well as the estate. Use the following link for general information concerning Probate cases provided by the Judiciary of the Nineteenth Judicial Circuit Probate Information. If you need legal advice regarding the guardianship of a disabled adult you should consult an attorney.
- The disabled person in need of a guardian must be at least 18 years old
- A Petition for Guardianship of a Disabled Adult and other forms are available from the Circuit Clerk (Room 136) or from the list of forms below.
- A medical Evaluation Report is necessary to obtain the guardianship of a disabled adult. This form is available from the Circuit Clerk (Room 136) or from the list of forms below.
- The Petition for Guardianship of a Disabled Person form must be filed prior to receiving a court date.
- Court dates for guardianship of a disabled person are scheduled by the Court. Summons must be served on the alleged disabled person at least two (2) weeks prior to the court date.
- A Petition for Temporary Guardianship cannot be heard in court until after the hearing date has been set and the Summons has been served.
Notice to Guardians of Disabled Adults:
A Guardian of the person of a disabled adult must file with the Court an Annual Report. An Annual Report form may be obtained from the Circuit Clerk’s office (Room 136) or the list of forms below.
The Annual Report may be mailed to the McHenry County Circuit Clerk, Attention: Probate, 2200 N. Seminary Avenue, Woodstock, IL 60098. If the Annual Report is mailed to the Circuit Clerk for filing with the Court, the guardian does not need to appear in court unless they receive a Notice to Appear from the Court.
An Annual Report must be filed every year. The first Annual Report is due within 14 months after the date the Letters of Office were issued. In the following years, the Annual Report is due on the same day of the year as the first Annual Report was filed.
A Guardian of the Estate of a disabled adult has the following duties:
- To file a BOND approved by the court. Unless excused by the court, every bond must be guaranteed by at least two individual sureties or by a corporate surety company.
- If two individuals act as sureties, the amount of the bond must be double the value of the estate. The individual sureties must sign a notarized list of their assets, which must be attached to the bond.
- If a corporate surety company is used, the amount of the bond is 1 ½ times the value of the estate. A corporate surety company will charge the estate an annual premium like a premium on an insurance company. The premium must be paid every year.
- Surety on the bond may be excused if the money is invested in United States government obligations or bank accounts and certificates of deposit insured by the United States subject to withdrawal only upon court order. If the money may be withdrawn only upon court order, a receipt of the depository showing that no withdrawals will be allowed without court order must be filed with the Circuit Clerk. The receipt is called a Certificate of Depository. This form is available from the Circuit Clerk.
- To file an Inventory with the Court. The Inventory should describe the real estate and the improvements and liens on the real estate. The Inventory should also state the amount of the money on hand and in what form the money is held (i.e. bank accounts, stocks, bonds, notes, etc.) and list all personal property.
- The Inventory must be filed with the Court within 60 days after the issuance of the Letters of Office
- To file an Annual Account with the Court. The Annual Account should list all money received by the guardian and all money spent by the guardian on behalf of the disabled adult and the assets remaining on hand at the end of the accounting period. The guardian should be prepared to produce receipts for all expenditures made on behalf of the disabled person. A guardian of the estate may appear in court to get the account approved, or may mail the Annual Account to the McHenry County Circuit Clerk, Attention Probate, 2200 N. Seminary Avenue, Woodstock, IL 60098. Please include a self-addressed, stamped envelope.
- An Annual Account must be filed every year. The first Annual Account is due within 14 months after the date the Letters of Office were issued. In the following years, the Annual Account is due on the same day of the year as the first Annual Account was filed.
- To keep detailed records of all financial transactions in the estate accounts. If a guardian cannot explain to the Court what he or she has done with the money of a disabled adult, or if the Court finds the guardianship funds have been mismanaged or misused, the guardian may be held liable for the money and have to pay it back. The money and property of the disabled person should be kept separate and titled in the name of the Guardian of the Estate.
- To invest the assets of the Disabled Person frugally. Assets may be invested in United States government obligations or bank accounts and certificates of deposit insured by the United States. Other investments may need approval of the Probate Court.
- To use the assets and income of the Disabled Person exclusively for the benefit of the Disabled Person. Expenditures should be limited to providing the basics of food, clothing, shelter and health care. Extraordinary expenses should be pre-approved by the Probate Court.
- To obtain the permission of the Probate Court to sell, lease, or mortgage the property of the Disabled Person.
If you do not understand the duties of guardian, you should consult an attorney. In order to schedule a court date, the guardian should contact the McHenry County Circuit Clerk Civil Division at (815) 334-4310. 48-hour notice is required to schedule a court date.