A guardian has a fiduciary duty to act in the ward’s best interests, which includes making appropriate healthcare decisions, managing finances responsibly, and reporting to the court. These responsibilities must be carried out with the utmost care and dilige
LaGrange: 1023 W 55th St #200, LaGrange, IL 60525 | Deerfield: 770 Lake Cook Rd #100, Deerfield, IL 60015
LaGrange: 1023 W 55th St #200, LaGrange, IL 60525
Deerfield: 770 Lake Cook Rd #100, Deerfield, IL 60015
LaGrange: 1023 W 55th St #200, LaGrange, IL 60525
Deerfield: 770 Lake Cook Rd #100, Deerfield, IL 60015
Guardianship
Illinois Guardianship Lawyers
Guardianship is a court-appointed responsibility for individuals who are unable to manage their own affairs due to disability or minority. The individual who requires decision-making assistance is known as the ward. Assuming the role of a guardian is a serious and important step in ensuring the welfare of an individual. The experienced and knowledgeable LaGrange and Deerfield guardianship attorneys at Wilson & Wilson Estate Planning & Elder Law LLC can assist you through the process.
Illinois recognizes two types of guardianship proceedings: guardianship of the person and guardianship of the estate. These matters are heard in probate court, which is often associated only with the decedent’s estates.
- Guardianship of the person handles the personal decisions of a person with a disability or minor, such as healthcare choices and basic care management.
- Guardianship of the estate allows the guardian to manage the financial affairs of a minor or a person with a disability, such as paying bills, protecting assets from waste, and applying for financial benefits.
If you’re considering becoming a guardian in Cook, DuPage, or Lake County, or if you’re already a guardian and need assistance, please contact Wilson & Wilson Estate Planning & Elder Law LLC. We can help you understand your responsibilities and navigate the guardianship process. Our Illinois guardianship lawyers have offices in LaGrange and Deefield.
Types of Guardianship
- Adult Guardianship. Adults over the age of 18 are considered capable of making their own healthcare and financial decisions unless they have a disability that prevents them from doing so. Disabilities can be mental, physical, or both. Being mentally disabled, developmentally disabled, or elderly does not automatically mean someone needs a guardian. The court will decide whether and to what extent someone needs a guardian to make decisions for them based on medical evaluations and reports.
- Minor Guardianship. If a child’s parents die or abandon them, or if a child is inadequately cared for or abused, an Illinois probate court may appoint an adult who is not the child’s parent to take care of the child or their property. The probate court can only grant a probate guardianship if the child is not involved in a family court or juvenile court action. A guardian generally has the same responsibilities as a parent and is responsible for the child’s personal needs, including shelter, education, and medical care.
Becoming a Guardian in Illinois
To act as a guardian for someone in Illinois, you must:
- Be 18 years of age or older
- Be of sound mind
- Be a legal resident of the United States
- Not be legally disabled
- Not have a felony conviction that involved harming or threatening a minor, elderly person, or person with a disability
Family members are not automatically named legal guardians of their relatives. The court decides who will be the ward’s guardian. The ward may express their preference for who they would like to be their guardian.
Petitioning for guardianship in Illinois is a complex process that can be confusing for people who aren’t familiar with the law. Each county also has its own individual requirements, which can add to the confusion.
We Can Help
At Wilson & Wilson Estate Planning & Elder Law LLC, we have years of experience in guardianship law in Cook, DuPage, and Lake counties. We take pride in guiding our clients through this process as painlessly as possible. If you think one of your family members or loved ones might need a guardian, please call us today. Contact us online to learn more, or call our LaGrange office at (708)482-7090 or our Deerfield office at (847) 656-8958.
FAQs About Guardianship in Illinois
How do I start the guardianship process in Illinois?
The process begins by filing a petition with the circuit court in the county where the potential ward resides. The petition must state why guardianship is necessary and be accompanied by a physician’s report detailing the individual’s condition.
What does it mean for an adult to be "incapacitated"?
An adult is considered incapacitated if a court determines they lack the ability to understand and make or communicate responsible decisions regarding their personal or financial well-being. This determination must be supported by medical evidence and a thorough court evaluation.
Does a guardian have to file reports with the court?
Yes, guardians in Illinois are required to file regular reports with the court. A guardian of the person must report on the ward’s condition and living situation, while a guardian of the estate must provide a detailed accounting of all financial transactions.
Do I need an attorney to establish guardianship?
Due to the significant legal rights involved and the complexity of the court process, it is advisable to work with an experienced attorney. A legal professional can ensure all requirements are met and advocate for the best interests of the potential ward.
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