The Best Illinois Adult Guardianship Attorneys

Illinois Guardianship: The Court Process and Benefits

We Assist Families Who Need The Right Representation in Illinois Adult Guardianship Cases

If you are a family member seeking an attorney for adult guardianship, you want to make sure that you choose the right firm. Our attorneys have the right experience in guardianship matters and know how to be successful in court. We are dedicated to providing our clients with the best possible service and will work tirelessly on your behalf.

There are two types of guardianships in Illinois which include adult guardianships and guardianship over a minor child. Adult guardianship proceedings are very different than guardianship proceedings over a minor child and our attorneys know the differences in each matter.

When a loved one is no longer able to care for themselves, adult guardianship may be necessary. We understand the importance of protecting your loved one and will work diligently to ensure their well-being is always our top priority. If you are seeking attorneys for adult guardianship matters, call us today and let us put our experience to work for you.

In Illinois, adult guardianship may be necessary when a loved one is no longer able to care for themselves. Powers of attorney may be used before a party becomes incapacitated and when health care concerns start to arise.

Guardianship of a child does not have as significant of an impact as guardianship of an adult solely because of a minor child's age. When an adult reaches legal majority age, they have rights and they have the capability to decide for themselves.

When courts determine that a ward is disabled and guardianship is appropriate, a court makes a significant legal choice under the probate act to take away certain rights from a ward and place them in the hands of another.
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The Illinois Probate Act sets out the specific requirements for who may be appointed as guardians. The Act lists several categories of people who are eligible, including the disabled adult's spouse, children, parents, or other relative.

If you are seeking an adult guardianship in Illinois, our attorneys at Chicago Family Attorneys, LLC can help. We have the experience and knowledge necessary to guide you through the process and ensure that your loved one is well taken care of.

We understand that adult guardianship can be a difficult and emotional process. Our attorneys are compassionate, understanding, and ready to help you every step of the way. We will strive to ensure your loved one is well taken care of and that the adult guardianship process goes as smoothly as possible. Call us today at (312) 210-9614 or book a book a consultation online.

What is Guardianship in Illinois?

A guardian is a court-appointed person who takes care of the daily needs and financial affairs of someone because they have become ill or disabled and are unable to care for themselves.

A ward is a person deemed disabled by the court and is the individual at the subject of an adult guardianship proceeding.

How to Open an Adult Guardianship Case

Illinois law provides several ways for a guardianship proceeding to be started. It can be initiated by the petition of an interested person or by the court on its motion. In addition, the Illinois Department of Human Services (DHS) or a criminal justice agency may also petition for a disabled adult to be placed under guardianship. Most often, family members start guardianship matters due to the disability or illness of a loved one.

Once a petition has been filed, the court will appoint an attorney to represent the proposed disabled adult. This individual is called a Guardian ad litem (GAL). The attorney will investigate the facts of the case and file a report with the court.

Alleged disabled adults have an opportunity to contest a guardianship petition if they feel as though they are capable of taking care of themself. A GAL will be vital to proving that the alleged disabled adult will not need a guardian. Since the GAL is appointed, it is important to note that they have the ability to petition for their attorneys fees.

The GAL within the case will make recommendations to the court regarding the day to day capabilities of the alleged person with a disability. The GAL will evaluate their ability to make life decisions regarding their own ability to take care of themselves and the ability to take care of their estate.

After the petition for guardianship has been filed in the circuit court, a court hearing will take place. decides that guardianship is necessary, it will issue a court order appointing a guardian for the disabled adult.

The guardian will have the authority to make decisions regarding the disabled adult's care and welfare, including where they will live, what medical treatment they will receive, and what type of services they will receive. The guardian is also responsible for ensuring that the disabled adult's financial needs are met.

The court will supervise the guardian and the disabled adult to ensure that the guardian carries out the guardian's duties properly.
There are several guardianship documents also known as pleadings that must be filed and presented to the court for guardianship to be approved.

These include a petition for adult guardianship, temporary guardianship if necessary, an order appointing guardian, a physician's report, oath and bond of surety, and other supporting documents.

What is outlined in a petition for adult guardianship?

A petition for adult guardianship is a document filed with the court that outlines why adult guardianship is necessary. The petition will include information about the disabled adult's mental and physical condition, family members, and other factors that support the need for adult guardianship.

It also provides details on who will be appointed as guardian and what kind of powers they will have over the disabled adult's care and welfare.

What is an oath and bond of surety in guardianship?

An oath and bond of surety is an agreement between the guardian and court that the guardian will faithfully carry out their duties as outlined in adult guardianship. It also ensures that the disabled adult's finances are handled properly and accounted for properly.

What is a physician's report and why is it needed?

A physician's report is a required medical report that is used to initiate a guardianship proceeding. The purpose of the physician's report is to provide the court with information about the disabled adult's medical condition and whether he or she can make decisions about his or her care.

The Illinois Guardianship and Advocacy Commission has published guidelines for completing the physician's report.

• The report must be completed by a licensed physician who has examined the alleged disabled person within the past six months.
• The physician must include information about the disabled adult's medical history.
• The report must include the disabled adult's current medical condition, prognosis, and capacity to make decisions about his or her own medical care.
• The physician's report must be filed with the court and served on the disabled adult or their attorney.
• These medical reports often outline mental illness, developmental disabilities, and other concerns by the physician.
• It is important to remember that being mentally ill and being developmental disabilities alone are not sufficient to gain guardianship.

Is Co-Guardianship allowed in Illinois?

Yes, adult co-guardianship is allowed in Illinois. Co-guardianship allows two or more people to share the responsibility of managing a disabled adult's care and welfare. This can be helpful when multiple family members are involved in caring for a disabled adult or if the guardian lives far away from the disabled adult.

Co-guardianship can also be a bad idea at times.

Co-guardianship can be a bad idea when the guardians do not communicate with each other effectively or are in conflict. It is important that adult co-guardians work together and make joint decisions for the disabled adult's care and welfare, rather than making decisions independently.

Removal Of A Guardian

The court can remove a guardian for several reasons, or guardianship can be terminated.

There are several reasons that a guardian may be removed from their position. For instance, if a guardian has misappropriated funds, neglected the ward, committed domestic violence against the disabled person, or abused their position.

If you are a family member of an individual that is a disabled adult and would like to be appointed guardian of your family member, please call us today at (312) 210-9614.

Guardians And Alleged Wards Under The Illinois Probate Act

Several factors must be met for Guardianship to be approved.

Not only do we assist individuals in gaining guardianship, but we also defend those who claim that they do not need guardianship.

Just because someone is elderly or they have a disability does not mean that someone will automatically qualify as a disabled adult.

There are several preliminary issues that attorneys and their clients must review. Finding a licensed attorney who thoroughly understands the practice of law concerning guardianship and probate matters is important.

Luckily, our law offices are ready to assist clients throughout the community.

Qualifying As Disabled For Guardianship

Guardians Are Given Significant Duties And Responsibilities Under Illinois Guardianship Law

For a case to be successful, there must be clear and convincing evidence that an alleged ward is disabled. Our attorneys first evaluate the likelihood of success in a guardianship case.

The Illinois Probate Act outlines the definition of a disabled adult under 755 ILCS 5/11a-2. Disabled adults are individuals that are 18 years or older and not capable of managing their person or estate because of one of the following reasons:

• Mental deterioration or physical incapacity
• Mental illness or a person with a developmental disability
• Gambling, idleness, debauchery, or excessive use of intoxicants or drugs and, as a result, wastes their estate or subjects their family to suffering
• Diagnosis of fetal alcohol syndrome or fetal alcohol effects.

The Location of the Guardianship Case

The second consideration is where a matter should be filed. This portion of the case is called venue. The Illinois Probate Act requires that if a ward is a resident of Illinois, the guardianship action must be filed where the ward resides. If the ward is not a resident of Illinois, the case must be filed within the county of the ward's real or personal estate.

Adult Guardianship Qualifications

The third consideration is whether the proposed guardian is qualified to act as guardian of the person and guardian of the estate of a person with a disability.

The requirements and qualifications the court evaluates for a guardian are the following:

• The guardian must be capable of providing an active and suitable program of guardianship for the person with a disability.
• The guardian is 18 years or older.
• The guardian is a resident of the United States.
• The guardian is of sound mind.
• The guardian is not an adjudged person with a disability as defined in the Guardianship Act
• The guardian also must not have been convicted of a felony unless the court finds the appointment of the person convicted of a felony to be in the best interest of the person with a disability. If the guardian has been convicted of a felony, a best interest hearing must be held whereby the court will consider the offense, the evidence, and any proof of rehabilitation.

Types of Guardianship

There are two types of adult guardianship proceedings in Illinois. These two types of cases may also be joined into one. Both guardianship actions are different in a court proceeding. A guardianship action in court can be guardianship of an estate, guardianship of a person, or guardianship of a person and estate.

For these actions to be adjudicated in favor of the petitioner or proposed guardian, there must be clear and convincing evidence that the disabled person cannot make decisions for themselves and that the proposed guardian can provide for the disabled person’s needs.

Some people with disabilities can live without a guardian, but some need someone to help them with their finances or to ensure the disabled person receives proper medical care. When someone is deemed to be an incapacitated person by court order, the person appointed by the court takes on significant responsibilities that are in the best interests of the disabled ward.

Often, the family members of the individual with disabilities are the ones who a court order appointing them as guardian. Ultimately, the court makes the decision on who is the best choice to serve as guardian.

If you think that you or a loved one may need a guardian, or if you have been asked to be a guardian, contact us today. Our experienced attorneys can guide you through the process and ensure that your rights are protected.

Guardian of a Person

Guardianship of a person occurs when an individual cannot make responsible decisions regarding their own care, and a guardian needs to be appointed by the court for the disabled adult's wellbeing.

Requirements set forth by the state include that there must be a finding that the ward is substantially unable to perform basic personal care. This includes but is not limited to daily activities like eating and drinking, going to the bathroom, bathing oneself, and getting dressed.

Guardianship of an Estate

Guardianship of an estate occurs when the court appoints a guardian to manage estate assets. After the court finds that it is in the ward's best interest for a guardian to be appointed, the circuit court will supervise the guardian and the estate assets.

Estate assets can include social security benefits, a ward's income, a variety of the ward's assets, a ward's property, a ward's investments, and more. Ultimately, management of the estate must benefit the ward. If there are significant concerns about the future of the ward's ability to take care of their own property, the person appointed as guardian of the estate may be forced to conduct an immediate full accounting for the judge in the guardianship proceedings.

Requirements for this type of guardianship are that the alleged person with a disability must be shown to be substantially unable to manage their estate assets. A demonstration that responsible decisions cannot be carried out by a ward include the inability for a ward to conduct simple tasks like paying bills, cashing checks, and managing investments.

The court must also find that this disabled person cannot adequately make financial decisions about the ward's income, personal finances, ward's funds, ward's assets, living situation, spending, or financial affairs. Courts pay very close attention how a person's money and property are handled. If an incapacitated person cannot

Illinois courts bestow a significant duty to guardians whereby they must protect the best interests of disabled adults. A guardian of the estate will be tasked with safeguarding a ward's funds and they will have a duty to act in the best interest of the disabled person.

If you are interested in becoming a guardian or have been accused of being a disabled person but feel you can adequately care for yourself, please contact us today. Court proceedings regarding guardianship laws can be difficult to navigate without the right attorney. Our law firm offers consultations for a low fee so that we can discuss your unique case and determine how we can best assist you.

There Are Several Types of Guardianship In Illinois

Hire The Best Guardianship Attorneys in Chicago, Illinois

We are the best attorneys for guardianship matters in Illinois because we fight for our client's interests, know the law, and are passionate about our work. You will not find more dedicated attorneys than Chicago Family Attorneys, LLC.

There are different types of guardianship that most individuals are not aware of.

Standby Guardianship:

Standby Guardianship is an appointment by a Guardian if the Guardian cannot act due to incapacity or death. Standby Guardianship can be appointed through any writing or estate planning instruments such as a will or trust.

Before appointing a standby guardian, the current guardian must discuss the preference of the disabled person. The Illinois Probate Act states that the guardian must consider the ward's preference for the standby guardian. For a standby guardian to be appointed, the writing affirming the standby guardian must have the same requirements as a will.

The standby guardianship must be in writing and two witnesses must witness it. The court process for a standby guardian does not end at this stage. The standby guardian will be considered a qualified person to act as legal guardian so long as a petition is filed in court, the guardian meets the requirements, and the court finds that it is in the ward's best interest.

Short-Term Guardianship:

Short-term guardianship in Illinois is a type of guardianship that is typically used when there is a need for a guardian for a period of time that is less than one year. Short-term guardianship can be granted by the court after a hearing where evidence is presented about the need for a short-term guardian.

Limited Guardianship:

Limited guardianship is a type of adult guardianship that allows disabled adult to make decisions regarding certain areas. This type of adult guardianship gives a guardian authority over specific areas but not all of the ward's affairs. There is a limited amount of control that is exercised within these types of cases

Limited adult guardianships are typically favorable because they give an adult with disabilities some autonomy in their life while also providing necessary protections for them. Our attorneys understand how to properly represent our clients in court and can help individuals who need to obtain or be appointed as limited guardian.

If you or a family member is seeking adult guardianship in Illinois, contact us today and learn how we can help you. Our knowledge and resources are beneficial to our clients. We take pride in offering excellent legal services. At Chicago Family Attorneys, LLC, we fight for the justice you deserve.

Temporary Guardianship:

Temporary guardianship is a type of guardianship that is typically used when there is an immediate need for someone to make decisions on behalf of a disabled adult, but the disabled adult's condition is not expected to be long-term. A temporary guardian has the same powers and duties as a plenary guardian, but the guardianship will only last for a specific period of time that is set by the court.

Temporary guardianships are often used in cases where the disabled adult is hospitalized and there is no one else who can make medical decisions on his or her behalf. The court will appoint a temporary guardian until the disabled adult is discharged from the hospital.

There are two ways to gain temporary guardianship in Illinois:

Court Hearing For Temporary Guardianship: The most common method for a legal guardian to be appointed temporarily is after a court hearing where evidence is presented about the need for a temporary guardian.

Agreement By The Parties: The second way a person can be appointed as a temporary guardian is by agreement of all of the interested parties, including the disabled adult. This agreement must be filed with the court and must be approved by the court before the temporary guardianship is effective.

Emergency Guardianship:

Emergency guardianship is a type of guardianship that can be established without notice to the disabled adult or a hearing. An emergency guardianship can only be established if there is clear and convincing evidence that the disabled adult is in imminent danger

Emergency decisions by a judge are handled with the utmost seriousness. if there is concern that the person with a disability or ward is in physical danger, subject to emotional harm, or could suffer financial harm, the court will step in to assist those who are petitioning the court with urgency.

Plenary Guardianship:

Plenary Guardianship is a more involved process and requires a showing that disabled person cannot adequately take care of themselves on a long-term basis. The court will appoint a plenary guardian to make decisions on the disabled person's behalf, but the disabled person may still retains some rights.

Please contact us today if you have been asked to be a guardian or are interested in becoming one. We can help you navigate the process and ensure that your rights are protected.We have the experience and dedication to help you succeed.

Call the experienced attorneys in Chicago at (312) 971-2581 or book a free consultation online. Our office works work with clients throughout Cook County, Will County, McHenry County, Lake County, and DuPage County. Contact us to have a guardianship attorney near you resolve your case.

Illinois Adult Guardianship Frequently Asked Questions (FAQ):

What is a psychological evaluation and why is it needed?
The court may order a psychological evaluation as part of the guardianship proceeding. The purpose of the evaluation is to provide information about the disabled adult's mental state and whether he or she is able to make decisions about his or her own care. The evaluation must be completed by a licensed psychologist who has examined the disabled adult within the past six months.

The psychologist must include information about the disabled adult's mental health history, current mental condition, prognosis, and capacity to make decisions about his or her own care. The psychological evaluation must be filed with the court and served on the disabled adult's attorney.

Will a guardianship case always require a jury trial?
No. A guardianship matter will not always require a jury trial, but it may require that attorneys present evidence, cross-examine witnesses in hearings, and significant discovery which requires significant legal knowledge from qualified and experienced attorneys.

Do I need an attorney to establish guardianship?
While you are not required to have an attorney to establish a guardianship, it is highly recommended that you seek legal assistance. The process can be complicated and there are many steps that must be taken to successfully establish guardianship. An experienced attorney can help you navigate the process and ensure that your rights are protected.

At Chicago Family Attorneys, LLC, we have the experience and dedication to help you succeed. We understand the importance of protecting your loved ones and will work tirelessly to ensure that they are safe and well-cared for. Contact us today to schedule a consultation.

What do attorneys do in guardianship cases?
Our attorneys focus on representing clients in every aspect of a guardianship matter. Qualified attorneys in guardianship matters know how to effectively practice law on behalf of their clients. The attorneys at Chicago Family Attorneys zealously advocate for their clients.
They will communicate responsible decisions to the court on behalf of the appointed guardian, evaluate the proper guardianship needed, prepare for a jury trial, issue discovery, work with a guardian ad litem, review personal finances within a ward's estate, and work closely with family members throughout the guardianship process.

A qualified person acting as a guardian of the estate may need significant assistance from an attorney to protect and manage the ward's assets. There are many duties of a guardian of the estate, which include:

• Filing an inventory of the ward's assets with the court.
• Making investments on behalf of the ward. 
• Paying the ward's bills and taxes. 
• Filing annual reports with the court

What is a guardian ad litem and are they appointed in every probate matter?
A guardian ad litem is an attorney who is appointed by the court to represent the best interests of a ward in a guardianship proceeding. The guardian ad litem's job is to investigate the allegations made in the petition for guardianship and to report his or her findings to the court. The guardian ad litem may also be asked to attend hearings and meet with the parties involved in the guardianship proceeding.
Not every probate matter will require the appointment of a guardian ad litem, but it is common for one to be appointed in contested guardianship cases. Reports by guardian ad litems are extremely useful to the court, they can explain the type of guardianship needed, and they can make suggestions on what duties should be allocated to the guardian.

Ultimately, guardian ad litems are often essential to the court process. Without a guardian ad litem, there may be risk to the financial affairs of a ward, or an alleged disabled adult may have their rights taken away without proper cause.

How long does it take to get guardianship in Illinois?
The length of time it takes to obtain guardianship in Illinois will vary depending on the circumstances of each case. In some cases, guardianship may be granted quickly if there is no opposition to the petition and the disabled adult consents to the guardianship. In other cases, where there is significant opposition or the disabled adult does not consent to guardianship, the process may take several months or longer.

How much does guardianship cost in Illinois?
The cost of guardianship in Illinois will vary depending on the circumstances of each case. In some cases, there may be little to no cost if the disabled adult consents to guardianship and there is no opposition to the petition. In other cases, where there is significant opposition or the disabled adult does not consent to guardianship, the costs can be significant.

On average, attorneys in Cook County charge $300 per hour in most cases and attorneys in DuPage county charge $350 per hour. Ultimately, the costs depend upon the difficulty of the case and the benefits added.

What are some of the duties of a guardian?
Some of the duties of a guardian include:

• Making decisions about the disabled adult's residence. 
• Making decisions about the disabled adult's medical treatment. 
• Making decisions about the disabled adult's education and vocational training. 
• Consenting to the marriage or divorce of the disabled adult. 
• Approving or disapproving applications for government benefits on behalf of the disabled adult. 
• Filing an annual report with the court that includes information about the disabled adult's physical and mental condition, residential placement, education, finances, and any other relevant information.

What are the rights of a disabled adult in Illinois?
Disabled adults in Illinois have the right to:

• Live in the least restrictive environment possible. 
• Receive services and support that meet their individual needs. These services may include residential services for the ward.
• Make their own decisions, unless a guardian has been appointed by the court. 
• Have their privacy respected. 
• Have access to information about their rights. 
• File a complaint if they feel their rights have been violated. 

Can adult children become a guardian of a disabled person?
Yes, adult children can become a guardian of a disabled person if they meet the requirements set forth by the court. To be eligible to serve as a guardian, a person must be at least 18 years old and cannot be convicted of a felony.

The person must also file a petition with the court and submit to a criminal background check. Proper notice must be given to interested parties and a summons must be served upon the alleged disabled ward.

The court will then determine whether the proposed guardian is an appropriate choice. Having legal responsibilities over parents may be harder than some clients think. The court may have more requirements than other cases and a judge may request that strict compliance occurs in a case.

Can veterans affairs assist in a guardianship matter?
Yes, Veterans Affairs (VA) can assist in a guardianship matter if the disabled adult is a veteran. VA can provide information about the resources and benefits that are available to the disabled veteran. VA can also help to coordinate services and supports for the disabled veteran.

What happens when a ward dies?
When a ward dies, the guardianship is terminated and the guardian is no longer responsible for the ward's affairs. The guardian must notify the court of the death and file a final report with the court. The guardian must be sure to protect the ward's assets until the court directs the guardian as to what distributions from the estate should occur.

What is a successor guardian?
A successor guardian is a person who is appointed by the court to serve as guardian if the current guardian is unable or unwilling to continue serving. A successor guardian can be named in the original guardianship order or in a subsequent order.

Can a guardian be removed?
Yes, a guardian can be removed by the court for cause. Some grounds for removal include: neglect of duties, neglect of property, failure to act in the best interests of the disabled, abuse of power, or fraud.

The court may also remove a guardian if the ward no longer needs a guardian or if the guardian is no longer able to serve. In the event that a ward passes away and becomes deceased, the court may call upon the guardian to assist with a probate estate, but the guardianship will still end due to the fact that the ward has passed away.

How long does guardianship last and can guardianship be terminated?
The length of the guardianship depends on the type of guardianship sought. If a disabled adult regains capacity, the guardianship will be terminated. If a plenary guardianship is granted, it will remain in effect until the guardianship is no longer needed, the ward passes away, the guardian passes away and another is appointed, or the guardian is removed and another is appointed.

What are some common misconceptions about guardianship?
Some common misconceptions about guardianship include:

A large myth amongst those who consider guardianship is that the disabled adult has no rights. This is not true at all. The wards who are involved in the case have basic human rights like every other person in the United States. Only certain rights are limited or taken away in certain circumstances.

People believe that guardianship is only for people with severe disabilities and that is not necessarily true. Guardianship is also used for individuals with drug issues, alcohol issues, and other problems that may arise throughout the course of a lifetime.

Most people believe that guardianship is permanent and cannot be terminated. Guardianship is capable of being terminated if the ability for decision making is restored by the ward or person with a disability. The burden of proof to terminate the guardianship will be on the party that petitions the court to terminate. The ward, the guardian, or someone acting on the ward's behalf may petition the court to terminate the guardianship of the ward.

Many clients are concerned that guardianship is always expensive and time-consuming. This is not true. The estate of the ward is the party that attorneys seek to have guardianship attorney's fees paid for first.

If you have any questions about guardianship of a disabled adult in Illinois, please contact our office at (312) 971-2581 or book an appointment online. We are the best guardianship attorneys in Cook County and the surrounding Chicagoland area. We work hard for each client.