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Temporary guardianship is supposed to be linked to the welfare and protection of the person with disability or the person’s estate. In determining the necessity for temporary guardianship, the immediate welfare and protection of the alleged disabled person and his 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 court order creating the temporary guardianship shall state the actual harm identified by the court which necessitates temporary guardianship.
By operation of law, temporary guardianships expire within 60 days after the court appointment or whenever a plenary or limited guardian is appointed, whichever comes first.
The Probate Act specifies that temporary guardianships may not be renewed for additional 60 day periods.
(c) The guardian of the estate of a ward shall appear for and represent the ward in all legal proceedings unless another person is appointed for that purpose as guardian or next friend.
The principal has the ability to tailor the document to include as many or as few areas of need as desired.
Under Section 11a-4, a temporary guardian shall have all of the powers and duties of a guardian of the person or of the estate which are specifically delineated by court order.
Consequently, orders appointing a temporary guardian must describe the specific power or duty conferred by the court.
Accordingly, the Office of State Guardian takes the position that the use of temporary guardianship, without the procedural and evidentiary safeguards associated with a plenary or limited adjudication, is inappropriate if no true emergency exists.
Where a true emergency exists, the Office of State Guardian argues in favor of as much notice to the respondent and other procedural due process as possible.