Disclaimer: This article is for general information and is not legal advice. For advice on your situation, consult a qualified probate attorney.
Detailed Answer
Under Illinois law, a probate court can appoint either a guardian of a minor’s estate or a guardian ad litem to protect a minor’s financial interest in an estate. The choice depends on whether the minor needs ongoing management of property or solely representation in litigation.
1. Appointment of a Guardian of a Minor’s Estate
A guardian of the estate handles all financial matters for a minor’s property interest. The process typically involves:
- Petition: File a petition for guardian of the estate under 755 ILCS 5/11-1.1 (link).
- Notice: Provide notice to the minor’s parents, the minor if age 14 or older, and any interested parties as required by 755 ILCS 5/11-2 (link).
- Hearing: The court holds a hearing to assess whether the minor’s interest requires protection.
- Bond: Unless waived, a guardian must post bond under 755 ILCS 5/11-1.3 (link).
- Letters of Office: Upon appointment, the court issues letters of guardianship authorizing the guardian to manage the minor’s assets.
2. Appointment of a Guardian ad Litem
A guardian ad litem (GAL) represents the minor’s best interests only in probate litigation or related proceedings. Key steps include:
- Motion: An interested party requests appointment of a GAL.
- Selection: The court appoints a qualified person under 755 ILCS 5/11-9 (link).
- Scope: The GAL gathers facts, advises the court, and advocates for the minor during litigation.
- Report: The GAL submits a written report and recommendations to the court.
3. Key Differences
- Guardian of Estate: Ongoing fiduciary duty to manage assets until the minor reaches majority (18 years).
- Guardian ad Litem: Limited to representing the minor in a specific court action. No duty to manage property outside litigation.
Helpful Hints
- Start early: File petitions promptly when an estate includes a minor.
- Gather documents: Provide birth certificate, estate inventories, and financial records.
- Choose wisely: A guardian’s bond requirement varies by estate value.
- Understand roles: A GAL cannot sell property; a guardian of estate can.
- Plan for transition: Guardianship ends when the minor turns 18 or as the court directs.
The probate process in Illinois can be complex. A probate attorney can guide you through petitions, hearings, and reporting obligations to protect a minor’s estate interest.