How a Guardianship Attorney Can Help

When a child or an elderly person loses the ability to care for themselves, it’s essential that someone else step in and make decisions on their behalf. A power of attorney may not be enough to cover all situations, however, so a guardianship should be considered. An experienced Chicago Guardianship Attorney can assist with these proceedings.

In general, a guardianship is granted when an individual requires assistance with providing for their personal needs or managing their property. Guardianship of a person allows the guardian to make daily decisions for the ward, while guardianship of property gives the guardian authority over financial matters, including assets and accounts. The Court will review both the need for a guardian and the proposed guardian before granting such an arrangement.

Often, parents will designate the person who should act as their children’s guardian in their will, but this designation must be made in a specific way under Illinois law. If a parent does not have a will, or if their will is unclear, the Court will determine who should be a child’s guardian. A conservator, which is similar to a guardian but with more limited powers, can also be established through the Court.

A guardian’s fiduciary duty to their ward is to always act in the best interests of that person. The guardian must visit the ward regularly, ensure their health and safety, and prudently manage their ward’s finances. In addition, guardians must file annual reports with the Court and undergo periodic reviews by the Court.

For some people, a guardianship can be contested by family members or other interested parties who believe that the alleged incapacitated person does not need a guardian to care for them. In this situation, the Court will appoint a Guardian ad Litem to investigate and report on the matter. The GAL’s qualifications vary by state, but they can include attorneys, social workers and volunteers.

Regardless of which juncture in the process you’re at, the best way to protect your loved one and their rights is to consult with an experienced Chicago Guardianship Attorney as soon as possible. Our firm provides trusted, reliable counsel to secure the guardianship of a minor or disabled person and ensure their best interests are looked after carefully. Contact us now to schedule a free consultation.