Understanding Guardianship: Chicago’s Peck Ritchey Attorneys Explain What It Is And What It Isn’t

Elder Law ChicagoMost people will tell you that being a guardian means being responsible for another human being for as long as necessary in order to protect them. While a guardianship is certainly about protecting your ward, it’s also about a variety of other things, and there are various forms of guardianship in Chicago, each one different from the others. We have several attorneys who concentrate in this type of law who can walk you through the process of establishing a guardianship. In Chicago, your parents’ rights or independence could be adversely affected if you don’t understand that there are many different forms of guardianship and if you don’t choose the appropriate arrangement to protect them. If you would like to be appointed guardian of your parents, the time to tackle the issue is before they need someone rather than when it is too late.

A Guardianship In Chicago That Addresses Day-to-Day Issues

The correct title for a guardianship that covers all of the large and small decisions of daily living, including scheduling doctors’ appointments, providing education and comfort, and arranging for any kind of service for your loved one is a Guardianship of the Person. With this, you will be able to shop for groceries, choose a residence and take care of the daily needs of your ward. Being able to make health care and medical decisions for an individual is usually the most important aspect of this kind of guardianship. Chicago families should talk to us about establishing a guardianship of the person before dementia, illness or an accident impairs the ward’s judgment. If you wait too long, it could be too late to establish the guardianship without court intervention.

Guardianships Covering Money Issues

Guardianship of the Estate ensures that the individual appointed as the guardian can access and use the funds in an estate in the manner outlined in the will of the person who has passed away. When you are the guardian of an estate, you can make all financial decisions so long as they are in the best interests of the ward. Many people establish this kind of guardianship when their children are still minors.

Guardianship In Chicago Can Be Limited By The Court

A limited guardianship is exactly what it sounds like – it gives the guardian limited rights to make certain decisions for the ward or wards, but not all of them. For instance, you may be appointed guardian of the person but without the ability to access funds set aside in a trust. In many cases, a separate guardian in Chicago is appointed for monetary decisions and for day-to-day decisions. In this way, the ward is protected from unscrupulous guardians who could have too much power over the individual. If the specific powers of a guardian aren’t established in the paperwork, the court has the right to outline the specific details of the guardianship, curtailing some powers and upholding others.

Establishing A Testamentary Guardianship

A testamentary guardianship is usually established by parents or individuals who appoint people they approve of and have faith in as guardian of their minor children or ailing parents. In most cases, a will can designate a testamentary guardian or guardians, but these individuals aren’t official guardians until the court formally appoints them as such. If you’re considering appointing one or more guardians, Chicago attorneys can help you choose the right individuals for the job and walk you through the court process.

A Guardianship That Can Be Revoked

There is a form of guardianship in Chicago that isn’t permanent. This is called a temporary guardianship and it’s usually set up only in an emergency situation and usually doesn’t last longer than sixty days. In most cases, a temporary guardianship is set up to meet an immediate need until a long-term solution can be put into effect or until the ward is recovered and can once again take care of his or her self.

Let Peck Ritchey help you determine what your family’s needs are and assist you in choosing the best possible guardianship. Chicago residents who have had guardianships arranged by Peck Ritchey’s estate and probate lawyers can rest easy knowing their loved ones are fully protected by law.

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