Guardianships

Guardianships are among the most comprehensive and potentially invasive tools available for taking care of other people. You can only become an adult’s guardian in Illinois through an appointment by the circuit court.

Total guardianship is usually only allowed when the person in question can no longer make any decisions. Limited guardianship options could be available. Powers of attorney could also be good solutions in some cases.

We can work with you to analyze your case and determine possible solutions. We realize these matters are sensitive and often urgent. Please contact us at (630) 325-5557 so that we can schedule a consultation as soon as possible.

What Do Legal Guardians Do?

Essentially, you would be taking responsibility for someone’s life as their guardian. While you would have a fiduciary duty to act in their best interest, you would also have a wide range of freedom regarding the actions you can perform, the things you can consent to and the control you have over your ward’s assets.

Guardianships for Adults

If you approach us to establish guardianship over an adult, we will probably ask you in detail about the other options you have pursued and the details of your situation. We do this because the court will require strong evidence that guardianship is necessary.

We will also ask about disability. Guardianship is only possible if the individual is causing personal or familial harm through a wasteful lifestyle, or has a disability stemming from the following:

• Mental illness
• Physical incapacity
• Mental decline
• Developmental disability

The next step would be to contact a physician for a report. We maintain a network of professionals who are familiar with guardianship law in Illinois. We are also prepared to speak with your family’s doctors to explain the type of data they should include in their reports, if necessary. After we collect the requisite medical documentation, we would begin the formal process.

Guardianships for Minors

The most common situation in which you encounter guardianship over minors is after the death of the parents. In fact, this is one of the primary causes in most parents’ wills.

Because the power of the guardian is so complete, choosing a trustworthy person to take care of your children is essential. Wealthy parents may also want to consider supplementing guardianship appointments with other protective measures, such as legacy trusts and business continuity arrangements.

Speak With a Guardianship Lawyer

Whether you are dealing with a loved one’s emerging disability or planning for an uncertain future, guardianship is a powerful option that could become an important part of your legal strategy. We are available to assess your case, provide alternatives and make the necessary arrangements. Please contact us at (630) 325-5557