Some of us may take for granted the rights we have to make our own decisions about our lives and our affairs. We do it every single day, after all. But some people have developmental, mental, or physical limitations that prevent them from being able to take care of themselves and/or their estate. People in those circumstances must be assisted so that they and their needs are taken care of. That’s why guardianship exists. However, acquiring guardianship for an incapacitated loved one isn’t an easy decision, nor is it an easy process.
The Chicago guardianship administration attorneys of Peck Ritchey, LLC have over a century of combined experience helping families make the best decisions for their loved ones. We understand how delicate a decision it is to obtain legal guardianship for someone, and we will guide you through the process with compassion and an exhaustive understanding of guardianship law.
What Is Plenary Guardianship
Plenary guardianship exists to help those who are unable to take care of themselves and their affairs. It gives another person legal authority to make decisions on behalf of the incapacitated or otherwise developmentally diminished person regarding their finances, healthcare, and other decisions that they would normally make for themselves.
Does My Loved One Need a Plenary Guardian?
Deciding whether or not your loved one needs a plenary guardian can be difficult. The decision is even more complex when you contemplate whether you should be named their plenary guardian. If your loved one has developmental delays, cannot function on their own, and is dependent on you to take care of them, you may need to consider having a plenary guardian appointed to them.
It may come as a relief that part of this decision is made by the court: the decision as to who will be named the plenary guardian. But there is still a lot to consider when you decide to take on the role of a plenary guardian of your loved one. As a plenary guardian, you have the legal power to make all decisions concerning your loved one. It’s not a temporary appointment unless your loved one becomes able to take care of themselves and their affairs.
If their developmental state is a permanent one, then you may be their plenary guardian long-term. You should discuss the consideration of having a plenary guardian appointed to your loved one with your family and make sure that you all feel it’s in the best interest of your loved one. There may also be more than one of you who is willing to step up as their appointed plenary guardian.
In addition to putting great thought into this decision, you may also find it beneficial to contact an attorney who handles these types of guardianship cases. The appointment of a plenary guardian is a legal process, after all. An attorney can give you all the information about your and your loved ones’ legal rights as they pertain to the administration of guardianship.
Guardian Administration in Illinois
The Illinois Probate Act of 1975 governs the process of guardianship. To begin the process of appointing a plenary guardian for your loved one, you need to file a petition. It would be advisable to hire an attorney to guide you through this process. Peck Ritchey, LLC are ready to represent you. Your petition will include your identifying information as well as other information about you. After a hearing is scheduled before the court, your attorney will gather evidence to present to the court about your ability to be a suitable plenary guardian for your loved one, as well as evidence as to why your loved one needs a guardian appointed to them. This is typically the longest part of the process.
We will want to present a solid claim as to why you are the person best suited to obtain the role of a plenary guardian. The court will then determine whether to appoint you as your loved one’s plenary guardian. It can take up to two months to receive a court decision about your petition. Aggravating factors, like familial disputes as to the guardianship and issues with providing the required documentation to the court, can delay the process. This is why having an experienced attorney like those at Peck Ritchey, LLC can help you navigate this process and assist you in reaching the best possible outcome for your loved one.
Why Choose Us?
For years, Peck Ritchey, LLC has represented our clients throughout Cook, Lake, Kane, and DuPage Counties, and the greater Chicagoland area in many of their personal and business legal issues. Our boutique firm practices in several areas of the law: corporate law, estate planning (including contested wills and trusts), special needs planning (including the estates of disabled persons), guardianship administration and litigation, probate litigation, elder law, Alzheimer’s Disease planning, asset protection, and elder and nursing home abuse, neglect and financial exploitation (concerning elder abuse).
We are incredibly experienced in what we do, which is why we are often called on as authorities in the family and elder adult areas of the law in both the media and in our local classrooms and conference rooms to teach other attorneys. Our attorneys are licensed to practice law in the state of Illinois and are members of both the Chicago Bar and Illinois Bar Associations.
Our founding attorney and managing partner, Kerry Peck, was previously the President of the Chicago Bar Association and has been named a “Super Lawyer” by the Thomson Reuters Super Lawyers lawyer rating service every year for 11 years. Our attorneys have also been named “Rising Stars” by Super Lawyers. We have a 10.0 out of 10.0 Superb rating on Avvo, which is a national database and rating service for attorneys.
In addition to our legal skills, we believe in being good citizens as a firm. We continue to participate in the furthering of our community by donating to several non-profit organizations and charities.
Call Peck Ritchey, LLC Today
If you are considering obtaining a plenary guardian for your loved one or are contemplating becoming a plenary guardian for your loved one in need, get a lawyer who specializes in guardianship and estate law. The Peck Ritchey, LLC attorneys are here to help you get the help your loved one needs.
The process of having a plenary guardian appointed for your loved one can be difficult, and we’ll walk you through every step of the process. Call us today at (855) 328-5787 or fill out our contact form online so someone from our team can contact you as soon as possible.