Mount Prospect Guardianship Lawyers

Attorneys for Guardians of Minor Children and Disabled Adults in Rolling Meadows

There are a variety of situations in which a person may be placed in a position in which they provide care for someone else. If a child's parents die, a friend or family member may assume responsibility for them. If an adult becomes disabled or is incapable of caring for themselves, another person may provide for their needs. In these cases, it is often necessary to establish legal guardianship.

The attorneys of A. Traub & Associates assist individuals and families with a wide variety of estate planning issues. If you need to become the legal guardian of a minor child or disabled adult, we can help you understand your rights and work with you to complete your legal requirements.

Types of Guardianships

In Illinois, a person may serve as a guardian for a minor child or disabled adult if they are at least 18 years old, are of sound mind, are a resident of the United States, are not disabled, and have not been convicted of a felony involving harm to a child, an elderly person, or a disabled person. Illinois law recognizes two types of guardians:

• Guardian of the person - This person will provide for the ward's physical and medical needs, including housing, food, clothing, education, and healthcare.
• Guardian of the estate - This person will manage the ward's assets and financial affairs. They may be authorized to buy or sell property, create trusts (such as special needs trusts) to meet the ward's needs, manage insurance policies and retirement benefits, or move the ward to a new residence.

Separate people may be appointed as the guardian of the person and the guardian of the estate for a ward, or the same person may be appointed as both types of guardian. Typically, a petition for guardianship will need to be submitted in probate court, any interested parties (such as close relatives of the ward) will be notified, and a hearing will be held to determine whether a person should be named as a guardian. In some cases, a guardian ad litem may be appointed to investigate the case and determine whether guardianship is needed.

Depending on the needs of the ward, a guardianship may be limited, and a guardian may only be authorized to make certain types of decisions for the ward. If a plenary guardianship is granted, the guardian will be allowed to make any decisions necessary to meet the ward's needs.

Contact an Arlington Heights Guardianship Attorney

If you have become responsible for a minor child or disabled adult, establishing legal guardianship will ensure that you have the authority to make decisions on their behalf. This will also protect their rights and provide legal oversight to ensure that their ongoing needs are being met.

When establishing guardianship, it is important to address the needs of everyone involved. A disabled adult may wish to have a say in the decisions made on their behalf, and they may also want to use tools such as powers of attorney or a living will to address their wishes about the types of care and support they will receive. At A. Traub & Associates, we can answer your questions about guardianship and estate planning, and we will work with you to provide you with the legal protections you need.

To set up a confidential consultation, contact our office today at 847-749-4182. We serve clients in Palatine, Long Grove, Wheeling, Rolling Meadows, Buffalo Grove, Mt. Prospect, Inverness, Arlington Heights, Hoffman Estates, Schaumburg, Elk Grove Village, Des Plaines, and throughout Northwest Cook County.