Illinois Guardianship Lawyers

Who We Help

Here at Wilson & Wilson Estate Planning & Elder Law LLC, we understand that you have unique needs when it comes to guardianship. Families turn to us for guidance in many different situations. We commonly assist when:

• A loved one can no longer care for themselves. Illness, disability, or cognitive decline may prevent someone from managing their healthcare or personal needs. The family needs legal authority to help protect and care for them.
• A child with special needs is becoming an adult. A parent’s decision-making authority ends when a child turns 18. Parents often need help preparing to continue assisting with healthcare, benefits, education, or finances.
• A child needs a caring relative to step in. When a child’s parents cannot provide care, or the child owns property that requires protection, a relative may need probate authority to care for the child, manage the property, or both.
• A person’s finances are at risk. Bills may go unpaid, benefits may be out of reach, or money and property may be exposed to harm. Families need authority to manage and protect the person’s finances.
• A current guardian needs support. A court-appointed guardian can find the required reports, accountings, financial records, and approvals difficult to keep up with. We help guardians fulfill their duties and stay compliant with the court.

If your situation looks like any of these, we are ready to help. If you’re dealing with a different situation, we’re happy to take your call and help you determine the best path forward. We’ll listen intently to you, no matter your needs.

The Guardianship Process in Illinois

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. Here is what you can generally expect:

1. Filing the petition. The process begins when a petition is filed with the circuit court in the county where the person lives. The petition explains why guardianship is needed and who wishes to serve as guardian.
2. Medical evaluation. In cases involving an adult, a physician must examine the individual and complete a report describing their condition and ability to make decisions.
3. Notice to interested parties. The court requires that the person who may need a guardian, along with close family members, receive notice of the case. This gives everyone a chance to respond.
4. Appointment of a guardian ad litem. The court often appoints an independent representative to meet with the individual, review the situation, and report back on what serves that person’s best interests.
5. The court hearing. A judge will examine the evidence and hear from the parties involved. If the judge finds that guardianship is appropriate, the court appoints a guardian and defines the scope of their authority.
6. Ongoing duties. After appointment, a guardian must file regular reports and accountings with the court and follow its rules. Illinois law aims to protect the individual while giving them as much independence as possible.

We stand with you at every stage, handling the paperwork, meeting deadlines, and speaking on your behalf so you can concentrate on your loved one.