Legal Question in Family Law in Illinois

Re: guardianship for disabled

Based on your description of the situation, it appears the bank is the guardian of the property and you are the guardian of the person. If your mother's disability will prevent her from carrying out the responsibilities as guardian, she should resign. Resignation is done by a petition to the court; another person should be nominated for guardian at the same time. An attorney should be consulted; if the previous attorney is available, he or she would be familiar with the file. Your mother and the person (yourself) should coordinate the resignation and appointment as guardian with the trust officer at the bank who handles your sister's property. I'm assuming your mother's disability is physical rather than mental. If her disability is mental, you or another person must petition the court to declare her as incapacitated or unable to continue as guardian and reques the court to name you as guardian. Until you are appointed guardian by the court and Letters of Guardianship are issued by the court, you have no authority to act as guardian. Again, you are advised to consult an attorney who can outline your legal options and the procedures involved.