Guardianship can be a confusing topic for many, but when you have a loved one in need, establishing a guardianship may be the best option. An experienced attorney can assist with obtaining guardianship and guardianship administration in Illinois.
What Is Guardianship?
Guardianship gives an appointed guardian the legal right to make decisions for a person. Guardianship is available for people of all ages, depending on the circumstances.
This legal designation is often sought for minors, the elderly, and those who become incapacitated, as these individuals either cannot make their own decisions or have lost the ability to do so.
There are various types of guardianships you can establish based on the needs of the ward, which is the person whom the guardianship is set up to protect. A guardianship attorney can provide direction and assist you with the guardianship process.
Temporary guardianships are often established in emergency situations or in anticipation of emergencies. These guardianships only last a maximum of 60 days. Should a more permanent guardianship be necessary, judges can then establish a more permanent guardianship.
In a limited guardianship situation, the ward is typically able to make some decisions and just needs assistance with others. Therefore, a limited guardianship gives a guardian limited powers over the ward. Instead of allowing a guardian to make all decisions, the court enumerates the specific needs the guardian should address.
Guardian of the Person
A guardian of the person must oversee everything having to do with the ward themselves, including personal care, healthcare, and education. This type of guardianship is not related to the ward’s finances.
Guardian of the Estate
Guardianship of the estate, on the other hand, has everything to do with the ward’s finances. The guardian is responsible for managing bank accounts, property, and assets, among other financial matters.
A plenary guardianship is a total guardianship. The plenary guardian has power over both the ward’s personal affairs and their finances. Plenary guardianship can either be temporary or permanent, depending on the ward’s needs.
Establishing a Guardianship
Becoming a guardian is a substantial undertaking. As a guardian, you are responsible for another person’s care, finances, and well-being, which is why courts take appointments seriously.
Establishing a guardianship begins by completing and filing a petition with the court. The petition should include all pertinent details, including the proposed guardian’s information, the ward’s information, and details concerning the ward’s need for a guardian.
During the scheduled court hearing, you’ll have the opportunity to present your case and evidence showing why it is necessary for the ward to have a guardian and how guardianship would be in their best interests. Once the court has reviewed testimony and evidence, they can render their decision.
Even if you’re granted guardianship over the ward, the process does not end there. Guardianship requires submitting periodic court filings and attending court dates to help ensure the ward’s continued care.
Guardian Administration in Illinois — How an Attorney Can Assist
Depending on the type of guardianship you’ve established, you’ll need to provide the court with occasional filings. Courts require these routine check-ins to ensure the guardian is handling their responsibility well, the ward is well taken care of, and the guardianship remains in the ward’s best interests.
Guardianship Administration in Illinois can be stressful, time-consuming, and tedious. You may feel overwhelmed and unsure of what to do, but fortunately, a guardianship attorney can provide the guidance you need.
A guardianship lawyer can assist with all of the following:
- Annual Report: A lawyer can help create the annual report to notify the court of the ward’s care and well-being.
- Annual Accounting: An attorney can assist with the creation of the annual accounting, detailing the ward’s finances, including income and expenses.
- Inventory: A lawyer can help produce the inventory detailing the ward’s property and assets.
- Court Appearances: An attorney can provide representation during scheduled court appearances throughout the guardianship.
A guardianship attorney can be a valuable ally, helping you navigate your guardianship rights and responsibilities. Having a lawyer assist you can give you some much-needed peace of mind.
Speak to a Guardianship Attorney Today
Guardianship administration in Illinois can be challenging, but you don’t have to handle your responsibilities alone. The guardianship lawyers at The Law Offices of Glenn & West, LLC are ready to help you and ensure the success of your guardianship. Our firm offers two convenient locations in Nokomis, IL, and Litchfield, IL. Contact our firm today to schedule a consultation.