Important Changes to Illinois Probate Law

(b-5) Upon the filing of a verified petition by the guardian of the disabled person or the disabled person, the court may terminate the adjudication of disability of the ward,  revoke the letters of guardianship of the estate or person, or  both, or modify the duties of the guardian if: (i) a report  completed in accordance with subsection (a) of Section 11a-9  states that the disabled person is no longer in need of  guardianship or that the type and scope of guardianship should  be modified; (ii) the disabled person no longer wishes to be  under guardianship or desires that the type and scope of  guardianship be modified; and (iii) the guardian of the  disabled person states that it is in the best interest of the  disabled person to terminate the adjudication of disability of  the ward, revoke the letters of guardianship of the estate or  person, or both, or modify the duties of the guardian, and  provides the basis thereof. In a proceeding brought pursuant to this subsection (b-5), the court may terminate the adjudication  pf disability of the ward, revoke the letters of guardianship of the estate or person, or both, or modify the duties of the guardian, unless it has been demonstrated by clear and  convincing evidence that the ward is incapable of performing  the tasks necessary for the care of his or her person or the management of his or her estate.

TEMPORARY GUARDIANSHIP

(755 ILCS 5/11a-4) (from Ch. 110 1/2, par. 11a-4)     Sec. 11a-4. Temporary guardian.     (a) Prior to the appointment of a guardian under this Article, pending an appeal in relation to the appointment, or pending the completion of a citation proceeding brought pursuant to Section 23-3 of this Act, or upon a guardian's death, incapacity, or resignation, the court may appoint a temporary guardian upon a showing of the necessity therefor for the immediate welfare and protection of the alleged disabled person or his or her estate on such notice and subject to such conditions as the court may prescribe. In determining the necessity for temporary guardianship, the immediate welfare and protection of the alleged disabled person and his or her estate shall be of paramount concern, and the interests of the petitioner, any care provider, or any other party shall not outweigh the interests of the alleged disabled person. The temporary guardian shall have all of the powers and duties of a guardian of the person or of the estate which are specifically enumerated by court order. The court order shall state the actual harm identified by the court that necessitates temporary guardianship or any extension thereof.     (b) The temporary guardianship shall expire within 60 days after the appointment or whenever a guardian is regularly appointed, whichever occurs first. No extension shall be granted except:
        (1) In a case where there has been an adjudication of disability, an extension shall be granted: 
            (i) pending the disposition on appeal of an djudication of disability; 
            (ii) pending the completion of a citation proceeding brought pursuant to Section 23-3; 
            (iii) pending the appointment of a successor guardian in a case where the former guardian has resigned, has become incapacitated, or is deceased; or 
            (iv) where the guardian's powers have been suspended pursuant to a court order. 
        (2) In a case where there has not been an adjudication of disability, an extension shall be granted pending the disposition of a petition brought pursuant to Section 11a-8 so long as the court finds it is in the best interest of the alleged disabled person to extend the temporary guardianship so as to protect the alleged disabled person from any potential abuse, neglect, self-neglect, exploitation, or other harm and such extension lasts no more than 120 days from the date the temporary guardian was originally appointed.

 The ward shall have the right any time after the appointment of a temporary guardian is made to petition the court to revoke the appointment of the temporary guardian.

Source:
Cook County Guardianship Abuse Victim's  Manual