Asked in Estate Planning and Elder Law for Illinois

Q: Can Petitioner for Guardianship file when respondent has active Order of Protection?

Order of Protection of was filed against daughter, who then turned around and filed Petition of Guardianship on the mother requesting order of protection. Mother had not seen daughter for over 3 yrs, as mother claimed daughter harassed her, and stole large amount of cash. Eventually the Protection order was dismissed but the guardianship petition was filed after the Protection Order was in effect and months prior to it being dismissed. Will the probate (civil) court ignore this and continue?

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1 Lawyer Answer
Nina Whitehurst
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  • Estate Planning Lawyer
  • Crossville, TN

A: Yes, the court will ignore this if they do not know about it. Somebody needs to alert either the guardian ad litem or intervene in the case.

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