A Guardianship Attorney can help you plan for the future care of your children and elderly or disabled loved ones. In order for a guardianship to be established, it must be shown that your loved one cannot make or manage their own decisions and that less restrictive alternatives like power of attorney have been tried and failed. There are seven different types of legal guardianships recognized by state law. An experienced Chicago, Illinois Guardianship Attorney will be able to discuss all the options with you and determine which would best serve your family.
Guardianship over a disabled adult is different from the other types of guardianships. The process is more complicated, and requires detailed medical documentation of the alleged incapacitated person. The court also appoints a professional to investigate the matter and provide testimony at the hearing. This individual, known as a guardian ad litem, is usually an attorney or social worker. This person interviews the alleged disabled adult and their family members, reviews medical records, examines financial documents, and investigates the issue of the incapacity.
If it is determined that a person is not able to make their own decisions or they are at risk of being harmed, the court may establish a temporary guardianship. The purpose of this is to protect the alleged incapacitated person from being exploited, or to prevent their financial resources from being depleted due to mismanagement. The person in need of a temporary guardianship will be notified of the proceedings and a copy of the petition will be provided to them. The court will appoint an attorney for the alleged incapacitated person or “AIP” and will personally serve them with the summons, petition, and court evaluation.
Often, the parents will designate someone qualified to act as their child’s guardian in their will. This designation is legally binding in Illinois, and if it is not challenged, the court will honor it. However, this issue is always a matter of debate and if the parents cannot agree, it will be up to the court to decide.
When deciding on the guardianship of your loved one, it is important to consider their wishes. This is a sensitive matter and can cause emotional turmoil in a family. Our lawyers can assist you in navigating this issue with compassion and empathy. Contact us today for more information. We have offices in Brooklyn, Manhattan, and Long Island. We offer free consultations and are available to answer all of your questions about legal guardianship. We understand how difficult it can be to make these life-changing decisions for your loved ones, so we are here to help.