A good Guardianship Attorney in Chicago can help you care for your family member who is not able to handle his or her own affairs. This includes minors whose parents are deceased, disabled adults who have received significant inheritances, and adults who are not able to care for themselves due to age or illness.
While the majority of guardianship cases involve children, it is possible for an adult or elderly person to be declared a legal ward for any reason. It can be for financial reasons such as the inability to manage a bank account or make payments on a mortgage or for medical reasons such as a stroke, Alzheimer’s disease, or other serious condition. A guardian of the estate is responsible for managing the person’s money and assets, while a guardian of the person makes decisions about living arrangements, health care, and personal needs.
It is typically family members, like a parent or sibling, who step up to become a legal guardian of a disabled relative. However, merely asking to become a guardian is not enough to obtain the Court’s approval. You must file papers with the court that include basic personal information about the person for whom you are seeking guardianship, and a report including details about his or her physical and mental state of health written by a doctor. The Court will also conduct a hearing. At the hearing, you and the person for whom you are seeking guardianship will have a chance to speak before the judge.
During the process, it is important to communicate openly and honestly with your family and friends about your intentions to take on this responsibility. It can also be helpful to consult with a lawyer to clarify your rights and what to expect from the process.
When an application for guardianship is filed, the Court will appoint a Guardian Ad Litem (ad litem) to investigate the facts of the case and determine what course of action is in the proposed ward’s best interest. This individual’s qualifications vary from state to state but they can range from social workers, volunteers, or attorneys who have special training and experience. The court gives great weight to the Guardian Ad Litem’s recommendations and report.
The person for whom you are seeking guardianship must be personally served with a copy of the court papers and a notice of the hearing. An attorney can assist with this process and make sure that the Court Evaluator, AIP’s attorney, and a Guardian ad Litem have copies of the papers and are aware of what is happening in the case.
Our firm regularly represents parties in guardianship proceedings. Contact us to discuss how we can help with your case. We can answer your questions and provide you with a free consultation regarding your situation.