Illinois Compiled Statutes
755 ILCS 5/11a-8 (2026)
Petition
✓ current as of May 2026
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(755 ILCS 5/11a-8)
(from Ch. 110 1/2, par. 11a-8)
Sec. 11a-8. Petition. The petition
for adjudication of disability and for the
appointment of a guardian of the estate or the person or both of an alleged
person with a disability must state, if known or reasonably ascertainable: (a) the
relationship
and interest of the petitioner to the respondent; (b) the name, date of
birth, and place
of residence of the respondent; (c) the reasons for the guardianship;
(d) the name and post office address of the respondent's guardian, if
any, or of the respondent's agent or agents appointed under the Illinois
Power
of Attorney Act, if any; (e) the name and post office addresses of the
nearest relatives of
the respondent in the following order: (1) the spouse and adult
children, parents and adult brothers and
sisters, if any; if none, (2) nearest adult kindred known to
the
petitioner; (f) the name and address of the person with whom or the
facility in which the respondent is residing; (g) the approximate value
of the personal and real estate; (h) the amount of the anticipated annual gross
income and other receipts; (i) the name, post office address and in case
of an individual, the age, relationship to the respondent and occupation of
the proposed guardian.
In addition, if the petition seeks the appointment of a previously appointed
standby guardian as guardian of the person with a disability, the petition must also
state: (j) the facts concerning the standby guardian's previous appointment and
(k) the date of death of the guardian of the person with a disability or the facts concerning
the consent of the guardian of the person with a disability to the appointment of the standby
guardian as guardian, or the willingness and ability of the
guardian of the person with a disability to make and carry out day-to-day care decisions concerning the
person with a disability.
A petition for adjudication of disability and the appointment of a guardian
of the estate or the person
or both of an alleged person with a disability may not be dismissed or
withdrawn without
leave of the court. A petitioner who seeks to revoke or construe a power of attorney for the alleged person with a disability, or review the agent's conduct, shall do so in conformity with the Illinois Power of Attorney Act, and as set forth in subsection (c) of Section 11a-17 and subsection (e) of Section 11a-18 of this Act.
(Source: P.A. 102-72, eff. 1-1-22.)
Notes of Decisions
Cited in 12
cases (7 in the last 5 years), 2008–2026 · leading case: Struck v. Cook Cnty. Pub. Guardian, 901 N.E.2d 946 (Ill. App. Ct. 2008).
Struck v. Cook Cnty. Pub. Guardian, 901 N.E.2d 946 (Ill. App. Ct. 2008). “In addition, section 11a-20 of the Probate Act expressly provides that "[u]pon the filing of a petition by or on behalf of a disabled person or on its own motion, the court may terminate the adjudication of disability of the ward, revoke the letters of guardianship of the estate…”
In re Guardianship of Lillian Burdge, 2018 IL App (5th) 170317 (Ill. App. Ct. 2018). “755 ILCS 5/11a-8 (West 2016). On March 22, 2016, Butch filed a motion to dismiss, or in the alternative, a counterpetition for guardianship.”
In re Est. of Walter, 2022 IL App (1st) 211600 (Ill. App. Ct. 2023). “755 ILCS 5/11a-8 (West 2020). Pertinent here, section 11a-8(e) provides that the petition “must state, if known or reasonably ascertainable: *** (e) the name and post office addresses of the nearest relatives of the respondent in the following order: (1) spouse and adult…”
In re Guardianship of Burdge, 2018 IL App (5th) 170317 (Ill. App. Ct. 2019). “755 ILCS 5/11a-8 (West 2016). On March 22, 2016, Butch filed a motion to dismiss, or in the alternative, a counterpetition for guardianship.”
In re Est. of Mivelaz, 2021 IL App (1st) 200494 (Ill. App. Ct. 2021). “¶ 92 Section 11a-8(e) of the Probate Act provides that “[t]he petition for adjudication of disability and for the appointment of a guardian of the estate or the person or both of an alleged person with a disability must state, if known or reasonably ascertainable *** (e) the…”
In re Est. of Walter, 2022 IL App (1st) 211600 (Ill. App. Ct. 2022). “755 ILCS 5/11a-8 (West 2020). Pertinent here, section 11a-8(e) provides that the petition “must state, if known or reasonably ascertainable: *** (e) the name and post office addresses of the nearest relatives of the respondent in the following order: (1) spouse and adult…”
In re Est. of Cuesta, 2021 IL App (1st) 200945-U (Ill. App. Ct. 2021). “See 755 ILCS 5/11a-8 (West 2018) (providing for a petition for adjudication of disability and for appointment of a guardian of the estate or the person or both).”
Struck v. Cook Cnty. Pub. Guardian (Ill. App. Ct. 2008). “denial of restoration or modification, Article 11a of the Probate Act states that the circuit court may adjudge an individual a disabled person “[u]pon the filing of a petition by a reputable person” (755 ILCS 5/11a-3(a) (West 2006)); that the petition must state the names and…”
Nelson v. THC-Chicago, Inc., 2019 IL App (1st) 190968-U (Ill. App. Ct. 2019). “¶9 On September 13, 2018, Benjamin filed a petition in the circuit court of Cook County for appointment of guardian of a person with a disability under section 11a-8 of the Illinois Probate Act of 1975 (Probate Act) (755 ILCS 5/11a-8 (West 2018)). The petition requested that…”
In re Bryant, 2024 IL App (1st) 240319-U (Ill. App. Ct. 2024). “755 ILCS 5/11a-8 (West 2022). ¶ 30 Based on the guardian ad litem’s work in a case, the circuit “court may allow the guardian ad litem reasonable compensation.”
In re Est. of Snisko, 2024 IL App (1st) 221281-U (Ill. App. Ct. 2024). “See 755 ILCS 5/11a-8 (requiring petitioner to provide the respondent’s contact information, nearest relatives, and estate value and income within the petition).”
In re Est. of Steele, 2026 IL App (1st) 250566-U (Ill. App. Ct. 2026). “Steele filed a petition, pursuant to section 11a-8 of the Probate Act of 1975 (755 ILCS 5/11a-8 (West 2024)), for her appointment as guardian of the person of Mr.”
— 755 ILCS 5/11a-8(e) — 4 cases
Struck v. Cook Cnty. Pub. Guardian, 901 N.E.2d 946 (Ill. App. Ct. 2008). “In addition, section 11a-20 of the Probate Act expressly provides that "[u]pon the filing of a petition by or on behalf of a disabled person or on its own motion, the court may terminate the adjudication of disability of the ward, revoke the letters of guardianship of the estate…”
In re Est. of Walter, 2022 IL App (1st) 211600 (Ill. App. Ct. 2023). “755 ILCS 5/11a-8 (West 2020). Pertinent here, section 11a-8(e) provides that the petition “must state, if known or reasonably ascertainable: *** (e) the name and post office addresses of the nearest relatives of the respondent in the following order: (1) spouse and adult…”
In re Est. of Walter, 2022 IL App (1st) 211600 (Ill. App. Ct. 2022). “755 ILCS 5/11a-8 (West 2020). Pertinent here, section 11a-8(e) provides that the petition “must state, if known or reasonably ascertainable: *** (e) the name and post office addresses of the nearest relatives of the respondent in the following order: (1) spouse and adult…”
Struck v. Cook Cnty. Pub. Guardian (Ill. App. Ct. 2008). “denial of restoration or modification, Article 11a of the Probate Act states that the circuit court may adjudge an individual a disabled person “[u]pon the filing of a petition by a reputable person” (755 ILCS 5/11a-3(a) (West 2006)); that the petition must state the names and…”
— 755 ILCS 5/11a-8(e)(1) — 1 case
In re Est. of Mivelaz, 2021 IL App (1st) 200494 (Ill. App. Ct. 2021). “¶ 92 Section 11a-8(e) of the Probate Act provides that “[t]he petition for adjudication of disability and for the appointment of a guardian of the estate or the person or both of an alleged person with a disability must state, if known or reasonably ascertainable *** (e) the…”
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