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Illinois Guardianship Attorneys
Since 2001, findgreatlawyers.com has been the leading resource for finding attorneys in Illinois for any legal matter including guardianship. We are attorneys who will speak to you for free, answer your questions and if needed, recommend an independent attorney that gives you the best chance of meeting your goals. We don’t promise a result, but do promise to treat you as if you were a family member or friend and give you blunt, honest advice. If you would like our help please contact us at (312) 346-5320.
Guardianship is when someone takes over control of another person’s finances and personal decisions, such as those involving healthcare and living arrangements. In order to obtain a guardianship over someone, you have to prove that they are disabled and unable to care for themselves or their property. A frequent example is an adult child who wants to make the decisions for an aging parent who suffers from mental illness such as Alzheimer’s or dementia or a severe physical problem like advanced stage cancer.
Seeking guardianship is a court case. Whether guardianship is granted and who gets it is up to a Judge. The process begins when a petition is filed with the court. The petition, along with the other required forms (there are several) should be filed with the court in the county where the "ward" (the person who would be under the guardianship) lives. If they do not live or own land in Illinois, you cannot file for guardianship in Illinois. So for example, if you want to get guardianship over someone that lives in Chicago, the petition would need to be filed in Cook County, even if you don’t live there.
If you want to be named as guardian you must be 18 years old and a U.S. resident. Guardianship can be denied if you are determined to be "of unsound mind," if you are disabled, or if you have been convicted of a felony.
Proving that guardianship is necessary can be difficult, especially when the person you want to help denies that they need help. In most cases, doctors and psychiatrists are consulted and their opinions are presented to the judge. The ward may be given an attorney and/or a guardian ad litem to look out for their best interests.
There are two types of guardianship; you can request one or both. The two types are guardianship of the person and guardianship of the estate.
Guardianship of the person is decision-making power over someone’s healthcare and living arrangements, such as whether they should be in a nursing home. If you can show that the individual is unable to make an informed decision about these things, guardianship of the person may be awarded.
Guardianship of the estate is control over financial matters and will be granted if the individual is unable to manage his or her finances (pay bills on time, etc.). Guardianship of the estate is complicated and can be a lot of work. Challenges often arise to this type of guardianship as it is not un-common for family members to allege that the person in charge is not acting in the best interests of the person they have guardianship over. Naturally control over money can create conflict.
Once guardianship is granted, the guardian will have decision-making power, but the idea is that they will use "substituted judgment." This means that instead of doing what they want, the guardian must do what the individual would have done if they were of sound mind, taking into account their moral, philosophical and religious views.
You can avoid having to go to court over guardianship if you designate someone as your power of attorney while you are clearly competent mentally. This can be done in minutes by filling out a couple of forms. By doing this while you are clearly capable, you will ensure that your wishes are met and will reduce the chances of family members bickering. It can also prevent you from suffering physically.
If you complete a form while you are competent, the cost can be anywhere from free to a couple hundred of dollars. If you are petitioning the court for guardianship you will have to pay a lawyer by the hour as well as the court costs. This can run you anywhere between $1,000 and many thousands of dollars depending on whether or not someone is contesting the case.
If you are worried that someone wants to get guardianship over you or if you have questions about the guardianship of someone else in Illinois please contact us. We can answer your questions and put you in touch with an experienced attorney that will be a strong advocate for you.