Chicago Guardianship Attorneys

Providing Skilled Assistance to Clients Seeking to Safeguard At-Risk Family Members

Seeking guardianship of a loved one in Illinois is a significant and often difficult decision. The legal appointment of a guardian is designed to protect individuals who are unable to make decisions for themselves due to youth, disabilities, or other incapacitating conditions. However, the benefits of ensuring proper care and protection must be weighed against the potential loss of autonomy and the responsibilities placed on the guardian. Given the complexity of guardianship law and its substantial impact on both the ward and the guardian, working with a skilled Chicago guardianship attorney is vital. 

What is Guardianship of a Minor?

For a minor, guardianship is typically sought when the child’s parents are unable or unwilling to provide proper care and supervision. Guardianship could be required due to various reasons such as parental death, incarceration, substance abuse issues, or severe financial problems. The court appoints a guardian to take on parental roles and responsibilities, making decisions about the child’s education, healthcare, and daily care. The guardian is usually a family member or someone significant in the child’s life. The guardianship automatically terminates when the child turns 18, unless terminated earlier by court order.

When is Guardianship of an Adult Appropriate?

Adult guardianship may be deemed necessary by the court in various situations. These cases typically involve individuals over the age of 18 who, due to mental deterioration, physical incapacity, mental illness, or developmental disability, are unable to make or communicate responsible decisions about their personal affairs. For instance, an elderly parent who has advanced dementia or an adult child with severe intellectual disabilities might require a guardian to manage their financial affairs, make medical decisions, or ensure their daily needs are met. Guardianship may also be considered if a person’s excessive use of intoxicants or drugs leads them to recklessly waste their estate, potentially exposing themselves or their family to hardship.

What is the Process for Seeking Legal Guardianship in Chicago?

The Illinois Probate Act outlines the state’s requirements for granting guardianship. To establish guardianship, the proposed guardian must file a petition in the county court where the disabled adult resides. This petition should provide evidence of the adult’s disability and why guardianship is in their best interests. The court will then schedule a hearing. Unless excused for health reasons, the proposed ward must be present at this hearing. 

It’s important to note that the law presumes adults aged 18 or older are capable of handling their own affairs, so the evidence presented must clearly demonstrate the need for guardianship. A crucial factor guiding the court’s decision in these cases is a medical report, which a licensed physician must complete. The report details the individual’s disability and provides the physician’s opinion on whether the individual is able to make or communicate responsible decisions. 

It can be critical to consult with a skilled Chicago guardianship lawyer prior to filing your petition to give yourself the best possible chance at success. Your lawyer can evaluate the situation, determine if guardianship proceedings are warranted, and help you gather strong supporting evidence to bolster your petition.

Are There Multiple Kinds of Guardianships?

Illinois law recognizes different types of guardianship that can accommodate varying needs and circumstances. The two primary categories are:

• Guardianship of the person: The guardian is responsible for making decisions about the ward’s personal care, including healthcare, living arrangements, and daily activities.
• Guardianship of the estate: The guardian manages the ward’s financial affairs, including assets, income, and expenses.

The court may appoint a guardian for either or both aspects, depending on the specific challenges faced by the disabled adult. Additionally, the court distinguishes between temporary, plenary (full), and limited guardianship. Temporary guardianship is a short-term arrangement for immediate protection, plenary guardianship grants comprehensive decision-making authority, and limited guardianship restricts the guardian’s powers to defined areas where the ward needs assistance.

Are There Risks or Disadvantages to Guardianship?

While adult guardianship may provide essential protection for individuals who could experience harm or exploitation without structured care and guidance, it can also present challenging questions. One of the primary concerns is the potential loss of autonomy for the ward. Guardianship, especially plenary guardianship, can significantly restrict individuals’ rights to make decisions about their own lives. This loss of independence can be distressing for the ward and may adversely impact their quality of life. The benefits of guardianship must be carefully weighed against the possible negative effects it could have on the ward’s independence and mental well-being. 

Another topic potential guardians should reflect upon is the time commitment and responsibility related to handling the ward’s affairs. Guardianship is a legal obligation that requires ongoing care, decision-making, and, often, financial management. Guardians must keep accurate records, make regular reports to the court, and always act in the ward’s best interest. Unfortunately, failing to uphold their guardianship duties, even unintentionally, could result in serious legal consequences for the guardian.

Are There Alternatives to Guardianship?

Given the challenges and potential drawbacks of guardianship, Illinois law encourages the consideration of less restrictive alternatives whenever possible. These methods can allow the individual to retain more autonomy while still receiving necessary support. One such alternative is using powers of attorney for healthcare and property. These legal documents enable a person of sound mind to designate someone to make decisions on their behalf about finances or medical care without the need for court intervention. 

Another popular option is drafting a supportive decision-making agreement, which allows the individual to retain their decision-making rights while voluntarily receiving support and guidance from advisors on everyday choices. Illinois law also provides for the appointment of a health care surrogate for disabled individuals. The surrogate can participate in medical decision-making for the individual in specific circumstances.

Financial tools can also serve as alternatives to guardianship of the estate. Joint bank accounts, for instance, can allow a trusted person to assist with financial management and bill paying. Carefully structured trusts can also be established to manage assets and provide for the individual’s needs. For those receiving government benefits, a representative payee can be appointed to manage these funds without full guardianship. These alternatives can often provide stabilizing assistance and security while preserving more of the individual’s independence and dignity.

When Could Guardianship Be the Best Choice for Your Loved One?

Despite the availability of alternatives, there are situations where guardianship remains the most appropriate option. In cases of severe cognitive impairment or when an individual is considered high risk, guardianship may be necessary to ensure their protection. Additionally, some third parties, such as financial institutions or healthcare providers, may be more comfortable dealing with a court-appointed guardian rather than alternative arrangements. In these cases, limited guardianship should be considered before plenary guardianship to maintain as much of the ward’s autonomy as possible.

How Can Our Guardianship Attorneys Serve You?

While guardianship can provide crucial security for vulnerable individuals, it is a serious legal step that should be carefully considered. At Nery & Richardson, LLC, we understand that undertaking guardianship proceedings can be a difficult and emotionally charged endeavor. Our experienced attorneys can provide compassionate and informed guidance on guardianship and potential alternatives.

We can help you navigate the guardianship process, ensuring all required documentation is properly prepared and filed. Our guardianship attorneys are also skilled mediators who can help resolve any family conflicts that may arise and represent your interests in court if necessary. If you have questions or concerns about establishing guardianship, don’t hesitate to contact our Chicago office at 773-232-6643 to schedule a consultation.