How a Guardianship Attorney Can Help

From newborns who lose their parents to elderly persons trapped by dementia, those in need of guardianship must have someone who can manage their affairs and care for them. The process is a complicated one and must be carefully handled to meet all the requirements under Illinois law. A good Guardianship Attorney can make all the difference in a person’s well being and their ability to defend their dignity. We help our clients establish guardianship of minor children, adults with disabilities or both. We can also assist with the less restrictive alternative of a conservatorship which provides control of property for an incapacitated individual.

A family member or a close friend can be appointed to manage a loved one’s personal matters, collect and invest their assets, pay bills, arrange living arrangements, provide medical treatment and otherwise help in the management of a person’s life. The Court is involved in this process which can be difficult. We can help navigate the court system and ensure that all of the requirements under state law are met.

The first step is to file a Petition for guardianship with the appropriate county court. The Judge will conduct a hearing to determine whether the proposed ward needs protection. The Judge will often appoint an Attorney Ad Litem (also known as a Guardian Ad Litem) to investigate the facts of the case and report back to the Court. Most judges give great weight to the report of this person as they are not an attorney for either party and are acting in a quasi-judicial capacity.

If the proposed ward contests the proceeding or believes that they are capable of handling their own affairs, the Judge will conduct a separate hearing to make a determination of what is in their best interest. Often times, the Judge will find in favor of the Proposed Ward.

While a Guardianship can be permanent, it can be modified or terminated by filing appropriate documents with the Court. Our firm can assist with termination proceedings as well as defending against a petition to create or modify a guardianship.

A convicted felon can only be considered for guardianship of a child if the court finds that it is in the child’s best interests. The nature and date of the felony conviction and evidence of rehabilitation are taken into consideration by the court. The court may also find that a person is not qualified to become a guardian if they are suffering from mental illness or incarcerated. Contact us today for a consultation with a good Guardianship Attorney in Chicago.

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