Guardianship administration law is designed to protect the welfare and rights of individuals who are not capable of handling their own affairs. By helping to secure various assets, legal guardians in Chicago can help ensure that an individual is cared for until, should the circumstances permit, they can care for themselves.
Deciding to become a legal guardian is a serious step, and our Chicago attorneys are ready to help you understand the various complexities and duties that you will assume as a guardian. If you are planning to pursue legal guardianship of a loved one, our Chicago guardianship administration lawyers can help you through the process every step of the way.
Guardianship Administration Cases We Cover
Obtaining legal guardianship can be critical to securing the financial and personal stability of minors or adults who are not capable of handling their own affairs. Our Chicago guardianship administration lawyers are prepared to help you with the following:
For any Chicago family, the decision to seek guardianship of a minor or elderly family member can be difficult. However, with the help of a qualified attorney, you can ensure that the terms of your guardianship will facilitate the continued wellbeing of your dependent.
The Process of Obtaining Guardianship
The prospect of becoming a legal guardian is a serious one. The first step in the process is having open and honest communication about the responsibility that falls to a guardian. It can be a tremendous undertaking and talking about your options and what to expect is a healthy way to start the process.
This conversation can happen with family or close friends. It can also begin with an experienced attorney. Consulting with an attorney before you have those conversations with family or friends can help you understand the potential legal rights and responsibilities of guardianship.
An attorney can also help you determine what type of guardianship is best for your individual situation. Some types of guardianship that exist in Illinois include:
Initiating the legal process to become a guardian begins with filing a petition with the court. This petition includes all your basic personal information as well as the name of the person that you are requesting guardianship over. This petition must also include a report about the person that you are asking to be made guardian of. That report must include basic personal information, age, and, in some circumstances, a description of the individual’s physical and mental capacity from a physician.
While the timing may vary, guardianship hearings in Illinois are typically set within 30 days of the petition being filed with the courts. During this time, again, depending on the circumstances of the case, evidence will be collected by an attorney to build a solid case demonstrating why you should be made guardian. This evidence may also demonstrate why it is necessary for the individual to have a legal guardian and how having a guardian is in their best interests.
At the time of the hearing, the evidence and information will be presented to the court. The court will then review all the information and make a determination in the case.
While the process may seem straightforward on paper, guardianship cases can quickly become complicated. Having an experienced attorney on your side from day one is the best way to achieve a positive outcome for your situation.
Why You Need an Experienced Chicago Guardianship Attorney
Guardianship cases are not always a simple matter of filing a petition with the courts. There can be complications, including family dynamics and other hurdles to overcome. When it comes to the protection of someone you care about, you need the skill and experience that an attorney with Peck Ritchey, LLC can provide.
At Peck Ritchey, LLC, our attorneys tackle guardianship cases with sensitivity and compassion. We understand the difficult situation that you may suddenly find yourself in. Our goal is to help you protect the rights of the person you care about while aggressively building a case that establishes why you are the best person to receive guardianship over your loved one. If you are ready to talk about what it means to become a guardian and how we can help you follow that path, contact us today by calling (855) 328-5787.
Contact a Chicago Guardianship Administration Lawyer
At Peck Ritchey, LLC, our Chicago guardianship administration lawyers are experienced in facilitating the process by which legal guardianship may be obtained, and we are committed to taking the best course of action for your particular situation. To discuss the details pertaining to your individual circumstances, speak with one of our experienced Chicago guardianship lawyers today at (855) 328-5787.
Guardianship FAQs
What is the difference between temporary and legal guardianship?
Temporary guardianships are those that are awarded in emergency situations and they cannot last longer than 60 days. They are meant to ensure that individuals that are in need of guardianship get the immediate help they need. Legal guardianships are appointed on a long-term basis and are used for a variety of purposes, but are always employed to protect individuals unable to carry out necessary decisions for themselves. There are specific guardianships used for specific purposes, such as Guardianship of the Estate, in which the guardian makes decisions regarding the ward’s property and finances, and Guardianship of the Person, in which the guardian makes decisions regarding the ward’s care, and includes decisions concerning the ward’s education, medical care, and habilitation.
What responsibilities does a guardian have?
A guardian’s responsibilities vary based on what type of guardianship is awarded by the court and the specific circumstances of each guardianship. Some common responsibilities that guardians may need to carry out include making medical decisions, educational and vocational decisions, and managing finances and estates. Some guardians may be more in charge of the personal care of their ward while others are given powers exclusively for financial matters. Additionally, limited guardianships are sometimes awarded by the court, and in these cases, the powers of the guardian must be specifically listed in the court order.
Under what circumstances is a guardianship necessary?
Guardians are people or institutions appointed by the Probate Court to make legal decisions for and manage the affairs of another person deemed unfit to carry out their affairs themselves—named a ward. Individuals over the age of eighteen are considered capable of handling their own affairs unless they are disabled in a way that prevents them from making or communicating responsible decisions. These disabilities include mental deterioration, physical incapacity, mental illness, or developmental disability, as determined by the Illinois Guardianship and Advocacy Commission. Guardians are often appointed in these situations to protect the person from making decisions that can hurt them or their affairs.