New and Improved Minor Guardianship Statute

Margaret C. Benson (Attorney at Law, Chicago, IL) recently published her article entitled Introducing the New and Improved Minor Guardianship Statute, 98 Ill. B.J. 628 (Dec. 2010). The introduction is below:

An important new amendment to the Illinois Probate Act clarifies when nonparents have standing in minor guardianship cases, sets guidelines for parents seeking to end guardianships, and honors the superior rights of parents while protecting children who need or are currently under a guardianship. Here’s how it works.

Minor guardianship practice under the Illinois Probate Act has drastically changed in the last decade because of a significant policy shift by the Department of Children and Family Services (DCFS) that diverted abused and neglected children from juvenile court into probate court. This was accompanied by an equally significant shift in judicial interpretation of the statute.