As we go about our lives, we’re constantly making decisions about the things that matter to us. For many of us, we’re in control of what we do, when we do it, and how we do it. We act in our own best interests. But making decisions for themselves is nearly impossible for some people. These people deserve to have people who care about them help them with their decisions and affairs.
The Chicago guardianship administration attorneys of Peck Ritchey, LLC have decades of experience helping families obtain limited guardianships for their loved ones. These types of family issues require compassion and care, and our attorneys are equipped to handle your case with the compassion, care, and empathy it deserves. The decision and process of obtaining a limited guardianship order for your loved one is serious and can be complex. Our attorneys will walk you through this challenging process and help ensure that you and your loved one’s best interests are represented. Call us today at (855) 328-5787 or contact us online for a confidential consultation.
What Is Limited Guardianship?
Guardianship is a court appointment wherein someone is designated to make decisions on behalf of another person who is incapacitated or is so mentally or physically diminished that they’re unable to make some or all decisions for themselves and/or care for themselves.
In a limited guardianship, however, the disabled person is capable of making some decisions for themselves and is able to handle some of their own affairs. A court would appoint a limited guardian who will make certain decisions specifically named in the court order about the disabled person and/or their estate.
Do You Need to Obtain Limited Guardianship for Your Loved One?
Guardianship isn’t for people who make poor decisions or who are indecisive in their decision-making. It’s a much more serious tool for people who are completely unable to think about the far-reaching aspects of a decision or maybe don’t even understand that a decision has to be made.
Perhaps your loved one is incapable of buying food or paying bills because they are developmentally, mentally disabled, or suffer from a severe mental illness. Perhaps your loved one doesn’t have the mental capacity to understand the results of a decision they may need to make or lacks the mental capacity to handle their financial affairs. Some type of guardianship may even be necessary for someone who may not be disabled but is suffering from a serious drug, alcohol, or gambling addiction.
Coming to terms with the fact that your loved one may not be able to care for themselves or make their own decisions can be a challenge. You’re deciding about whether to take away what may seem like a basic right. But obtaining a form of guardianship for your loved one is a way to protect them and ensure that their needs and best interests are properly taken care of. The guardian will be someone who can reliably look after their interests in a way your loved one cannot.
It’s also incredibly difficult to decide who should be appointed as guardian for your loved one. If you decide that you want to be a limited guardian for your loved one, you’ll have to submit to the court why you believe you are the best choice to act on your loved one’s behalf in a guardian role.
Illinois Law on Limited Guardianship
The Illinois Probate Act of 1975, amended in 1979, details how guardianship is to be appointed, the guidelines by which someone is deemed to require a guardian, and, ultimately, how disabled persons or those who need a guardian and their estates are to be protected.
In order for you to be appointed as a limited guardian for a disabled or otherwise incapacitated person, there must be a court process to determine (1) that the person does, in fact, need a guardian, (2) that you are suitable to be the person’s guardian, and (3) exactly what decisions a guardian is needed to make on behalf of the disabled person and/or what affairs the guardian will handle. A court order will specify exactly what power the limited guardian will have.
Why Choose Peck Ritchey, LLC?
We are a boutique law firm that handles several types of business, probate, and estate law matters. Peck Ritchey, LLC hails from Chicago, where we represent people all over the city and the greater Chicagoland area, including Cook County, DuPage County, Kane County, and Lake County.
We have over a century of combined experience representing our clients in legal matters surrounding all areas of their lives, including:
- Estate planning
- Probate litigation
- Special needs planning and the handling of the estates of disabled persons
- Wills, trusts, and asset protection
- Guardianship administration and litigation
- Alzheimer’s Disease estate planning
- Elder law
- Elder and nursing home abuse and neglect, and financial exploitation
- Corporate law
We are licensed to practice anywhere in the state of Illinois. We have built a reputation for providing high-quality legal representation for our clients, and the considerable recognition we’ve received in the legal industry (i.e., being named Super Lawyers and Rising Stars by Thomson Reuters), as well as our associations with top legal organizations (such as our membership with the Chicago Bar Association), speak to our expertise and our commitment to working hard for our clients.
Call Us Today
If you are concerned about your loved one’s ability to handle all of their affairs or their ability to make important decisions as they pertain to their lives and livelihood, you may need to get them some help in the form of a limited guardianship. To do so, and to act in their best interests, you need an experienced limited guardianship attorney who understands the complex guardianship laws and process in Illinois.
At Peck Ritchey, LLC, you’ll have an attorney who is not only knowledgeable about the limited guardianship process and can advocate for your wishes to help your loved one, but who will represent you in this matter with compassion. For a confidential consultation, call Peck Ritchey, LLC today at (855) 328-5787 or contact us online.