If someone close to you is unable to care for him or herself or oversee matters relating to their property, you may be in need of an experienced probate lawyer to establish a guardianship for you to insure your loved one is cared for and his or her property is looked after in a competent and professional manner.
The concept behind a guardianship is simple: If your loved one cannot take care of himself and/or your financial affairs, a Guardian can be appointed to take care of those matters. The appointment of a Guardian for a disabled adult or minor can only be made by the Illinois Probate Court. Opening a Guardianship estate is a Court process.
Illinois law provides for two categories of guardianship. Guardianships for minors and guardianships for disabled adults.
- A minor (person under the age of 18 years) needs a guardian of his or her person when the minor has no living parents, when the parents cannot be found, or when the parents are unable or unwilling to care for the minor. A minor needs a guardian of his or her estate when he or she has, or is about to receive, any money or property with a value of at least $5,000 (such as from insurance, from an inheritance, or from the settlement of a personal injury case).
- A disabled adult (a person over the ag of 18) is in need of a Guardian when he has been declared disabled by a physician and is unable to take care of himself or his financial affairs. A Guardian of the Person is established when the disabled adult is unable to care for himself.. A Guardian of the Estate is necessary when the disabled person cannot manage his property and financial affairs.
Typically, plenary guardianships are appointed to care for the disabled person or minor, who is called the Ward. In addition to Plenary Guardianships, there are also Temporary and Limited Guardianships. The Court will always opt for the least restrictive guardianship needed.
Though the concept of Guardianship is simple, the process of obtaining the appointment isn't always. The Law Office of Lela J Davis, has years of experience handling both uncontested and contested guardianships for our clients.