Tuesday, December 20, 2011

REMOVING A BAD GUARDIAN


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.  Reports should be made to the Judge Evans (the chief judge in the Cook County Probate Court) as well as to the Center for Guardianship Certification.

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.

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.

In the state of IL, in order to be a guardian you need to be certified from the Center for Guardianship Certification.


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.


Here is the link for filing a complaint against a guardian with the Center for Guardianship Certification:

http://www.guardianshipcert.org/make_a_complaint.cfm


You will also need to file a complaint with the Chief Judge of the Cook County Probate Court.  Here is that information:


Judge Timothy Evans, Chief Judge
Richard J. Daley Center - 50 W. Washington
Suite 2600
Chicago, Illinois 60602

Telephone: 312-603-6000
Fax: 312-603-5366
TDD: 312-603-6673



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.

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