Removing a Bad Guardian

Removing a Bad Guardian


Once the Cook County Probate Court appoints a guardian, it may be a very difficult process to have that guardian removed, especially if corruption was apparent during the guardianship proceedings. Despite proof of violations of the rights of the disabled, financial exploitation, and violations of the Probate Law, it may be very difficult to have a bad guardian removed. Often times, bad guardians are left on the case throughout the remainder of the ward's life, allowing the guardians to continue to deplete the estate with their fees.

However difficult it may be, attempts should still be made to remove the bad guardian. Complaints should be brought to the Guardian ad Litem (if one is appointed) in writing, to the guardian (in writing), and to the judge during each guardianship hearing. Transcripts should be requested for each guardianship hearing in which complaints were brought to the judge. Instructions for obtaining court transcripts may be found in our index to the right.

Complaints should also be made to other agencies as appropriate. The following information may be helpful for you:

The Illinois Guardianship and Advocacy Commission has an interesting website, with links to various state agencies. Their website may be found at:

http://gac.state.il.us/guardfaq.html

The Ilinois Guardianship and Advocacy Commission also have information on the Human Rights Authority: The Human Rights Authority exists to conduct investigations of complaints of violations of the rights of persons with disabilities. Based on early models of a singular regional grassroots program, the Human Rights Authority serves as a statewide framework providing direction and standards for a largely volunteer effort.

In addition, the Illinois Probate Law has a certification requirement for the public guardian. Public Guardians who are not adequately caring for their wards my be reported to their certifying organization. The certification requirement of the law is below:

Sec. 13-1.2. Certification requirement. Each person appointed as a public guardian by the Governor shall be certified as a National Certified Guardian by the Center for Guardianship Certification within 6 months after his or her appointment. The Guardianship and Advocacy Commission shall provide public guardians with professional training opportunities and facilitate testing and certification opportunities at locations in Springfield and Chicago with the Center for Guardianship Certification. The cost of certification shall be considered an expense connected with the operation of the public guardian's office within the meaning of subsection (b) of Section 13-3.1 of this Article.

Please do not give up on your attempts to protect your loved one from abusive guardianship situations which violate the basic rights of the ward. Please continue to advocate for your loved one's rights, as we attempt to do the same.

Signed,

Your ProbateSharks Advocates