Bolingbrook Guardianship Attorneys

Understanding Guardianship in Bolingbrook

Guardianship is a legal process in which an individual is appointed to make decisions on behalf of someone who is unable to make decisions for themselves. This often involves minors, elderly individuals, or adults with disabilities. Guardianship does not terminate the legal rights of biological parents. The guardian is responsible for managing the personal, financial, and medical affairs of the person under their care, ensuring their well-being, and protecting their interests.

While guardianship can provide crucial support, it is also a significant legal responsibility. That’s why it’s important to work with guardianship lawyers who can help you navigate the complexities of the process and ensure everything is handled according to Illinois law.

A Client Story: Securing Guardianship for an Elderly Parent

One of our clients, Linda, came to us seeking guardianship for her elderly father, who had been diagnosed with Alzheimer’s disease. As her father’s condition worsened, it became clear that he could no longer manage his financial affairs or make decisions regarding his healthcare. However, Linda’s father had never established a power of attorney or set up any legal directives.

Linda was anxious about how to move forward. She wanted to ensure her father’s bills were paid, his medical needs were met, and that he would be well taken care of, but without the legal authority to make decisions, she was limited in what she could do.

Attorneys specializing in elder law can provide crucial support in such cases.

Our guardianship attorney worked with Linda to petition the court for guardianship over her father’s personal and financial matters. We gathered medical documentation to support the need for guardianship, prepared all necessary paperwork, and represented Linda during the court proceedings. After a few months, the court granted her guardianship, allowing her to make critical decisions regarding her father’s healthcare and finances.

For Linda, the process of securing guardianship gave her peace of mind, knowing that she could legally protect and care for her father during his illness. This case highlights the importance of guardianship when a loved one is no longer able to manage their affairs.

Types of Guardianship for Disabled Adults

There are several types of guardianship in Illinois, each tailored to the specific needs of the person under care. Our Bolingbrook guardianship attorneys can help you determine which type is appropriate for your situation.

• Guardianship of a Minor: This type of guardianship is established when a minor’s parents are unable or unwilling to care for them. A guardian may be appointed to make decisions about the child’s education, healthcare, and general well-being. This is particularly important in cases involving minor children where the biological parents are deemed unfit or absent.
• Guardianship of a Disabled Adult: In cases where an adult is unable to make decisions due to a mental or physical disability, a legal guardian may be appointed to manage their personal, financial, or medical affairs. This ensures that the individual’s needs are met and that they are protected from financial exploitation or neglect.
• Temporary Guardianship: Temporary guardianship may be granted in situations where immediate intervention is needed, such as a medical emergency or a sudden change in circumstances. This type of guardianship is short-term and can later be converted into permanent guardianship if necessary.
• Plenary Guardianship: This type of guardianship gives the appointed guardian full authority to make decisions on behalf of the individual, both in personal and financial matters. It is often used in cases where the person is completely unable to care for themselves.

The Guardianship Process

If you’re considering guardianship, it’s important to understand the legal process involved. While each case is unique, most guardianship proceedings follow these general steps:

Obtaining guardianship for disabled adults is crucial as it allows family members to advocate for and protect their loved ones after they reach adulthood.

1. Filing a Petition: The first step is filing a petition with the court requesting guardianship. This petition will outline the need for guardianship and specify whether you’re seeking guardianship over the person, their estate, or both.
2. Court Hearing: After the petition is filed, the court will schedule a hearing to determine if guardianship is necessary. You will need to provide evidence, such as medical records or testimonies from healthcare providers, to demonstrate that the person is incapable of making decisions on their own.
3. Guardian Ad Litem Investigation: In some cases, the court may appoint a guardian ad litem, an independent investigator, to assess the situation and make recommendations to the court about whether guardianship is appropriate.
4. Court Decision: If the court finds that guardianship is in the best interest of the individual, it will issue an order appointing a guardian. The guardian will then be responsible for managing the personal, financial, and medical affairs of the person under their care.

Responsibilities of a Guardian in Financial Affairs

Becoming a guardian is a significant legal responsibility. Once appointed, the guardian is expected to act in the best interest of the individual they are caring for. Some of the responsibilities include:

• Managing finances: This may involve paying bills, managing bank accounts, and ensuring that the individual’s assets are protected.
• Making healthcare decisions: The guardian may need to make decisions about medical treatments, living arrangements, and long-term care.
• Ensuring well-being: The guardian must make decisions that prioritize the individual’s safety, health, and overall well-being.
• Reporting to the court: In many cases, guardians are required to submit periodic reports to the court detailing how they are managing the person’s or her affairs.

Common Challenges in Guardianship Cases

Guardianship cases can be emotionally challenging, especially when family members disagree about what’s in the best interest of the individual. Additionally, some guardianship cases involve disputes over whether guardianship is necessary, particularly when the person in question still has some ability to make decisions.

Guardianship cases involving mental illness present unique challenges, as mental health issues can affect a person's capacity to handle personal and financial responsibilities, making guardianship necessary to ensure their well-being and protection from neglect or exploitation.

Working with a guardianship attorney can help alleviate some of these challenges by providing clear guidance on how to proceed and representing your interests in court.

Why You Need Guardianship Lawyers

Guardianship cases can be legally complex, and navigating the court system on your own can be overwhelming. A guardianship lawyer can help ensure that the proper steps are followed, that your case is presented effectively, and that your loved one’s rights are protected throughout the process. Our expertise in guardianship matters allows us to provide comprehensive legal assistance and guidance, particularly for elderly or disabled individuals.

Here’s what you can expect when working with our Bolingbrook guardianship attorneys:

• Personalized guidance: We take the time to understand your unique situation and provide legal advice tailored to your needs.
• Compassionate support: We know that guardianship is an emotional decision, and we offer compassionate support to help you through the process.
• Court representation: Our law firm will represent you in court, ensuring that your case is presented clearly and that all necessary documentation is submitted correctly.

If you’re considering guardianship for a loved one in Bolingbrook, we’re here to help. Contact us today to schedule a consultation with one of our experienced guardianship attorneys and learn how we can guide you through the legal process to protect your family’s future.

Directions to our Bolingbrook, IL office:

• From Naperville (via IL-59 South): Take IL-59 S and turn left onto Hassert Blvd/111th St. Continue on Hassert Blvd, then turn right onto Schmidt Rd. The destination will be on your right.
• From Plainfield (via US-30 North): Take US-30 N to IL-126 E. Continue on IL-126 E, turn left onto Hassert Blvd/111th St, then right onto Schmidt Rd. The destination will be on your right.
• From Romeoville (via Weber Rd): Head north on Weber Rd, turn right onto Hassert Blvd/111th St, then left onto Schmidt Rd. The destination will be on your right.