INSTRUCTIONS: PETITION FOR APPOINTMENT OF [LIMITED] GUARDIAN 5-305a

This form is filed with the Circuit Court where the person alleged to need protection currently resides.

“Petition for Appointment of [Limited] Guardian 5-305a Step 1”

In part 1, check the box that represents how the petitioner is related or associated with the person in need of protection. Provide the petitioner’s address at the bottom of part 1.

“Petition for Appointment of [Limited] Guardian 5-305a Step 2”

In part 2, provide the full legal name of the person needing protection along with their date of birth and county of residence. List the location of the person such as a nursing home or hospital, and provide their mailing address on the last line as well.

“Petition for Appointment of [Limited] Guardian 5-305a Step 3”

In part 3, the petitioner needs to provide the full legal names and mailing addresses of the ward’s nearest relatives, including the spouse, children, parents, and siblings. If there is no such family, provide information for relative that is entitled to the person’s estate.

“Petition for Appointment of [Limited] Guardian 5-305a Step 4”

In part 4, provide the name and address of the persons’ care facility or the current person with custody.

“Petition for Appointment of [Limited] Guardian 5-305a Step 5”

In part 5, provide information about the Durable Power of Attorney. Attach the form after completing this section.

“Petition for Appointment of [Limited] Guardian 5-305a Step 6”

In part 6, state whether the person’s condition will or will not allow them to attend the hearing.

“Petition for Appointment of [Limited] Guardian 5-305a Step 7”

In part 7, state if the person is an absentee. If the person was in fact an absentee, provide documentation of the disappearance or detention along with information about the search.

“Petition for Appointment of [Limited] Guardian 5-305a Step 8”

Parts 8 and 9 request a limited guardianship and the specific areas of protection. If there is a proposed guardian, list their address, age, occupation, and relationship to the person.

“Petition for Appointment of [Limited] Guardian 5-305a Step 9”

If there is no proposed guardian, part 10 lets the incapacitated person nominate a guardian. If there is a form guardian, part 11 provides information about the previously appointed guardian.

“Petition for Appointment of [Limited] Guardian 5-305a Step 10”

The petitioner must sign and date the form in front of Notary Public. Provide the attorney information at the bottom as well.