Chicago Guardianship Attorneys

In this video, our Chicago guardianship attorneys explains the process of petition for adult guardianship. Guardianship matters are court cases where an individual is appointed to be responsible for the personal care and management of the finances of an minor, adult or a person who requires special needs and who is mentally incompetent. To initiate an adult guardianship proceeding in Chicago, the person requesting guardianship must file a Petition for Guardianship with the appropriate court. 

A Petition for Guardianship must contain the appropriate information:

• The relationship of the person filing the petition to the person over whom guardianship is sought.
• The name, place of residence, and date of birth of the respondent.
• The reason that guardianship is being sought;
• The names and addresses of any current guardian or agents appointed in the respondent’s healthcare or financial powers of attorney;
• The name and addresses of the spouse, adult children, parents, and adult siblings of the respondent.  If none of these are living, then the nearest adult relatives of the respondent should be listed.
• The name address of the person or institution with which the respondent is currently residing.
• The approximate value of the respondent’s assets.
• The expected annual income of the respondent.  
• The following information for the proposed guardian: name, address, age, occupation, and relationship to the respondent.

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If there is a reason that the petitioner cannot obtain a physician’s report prior to filing your petition, they can file the petition without an accompanying medical report and request that the court issue an order requiring a medical examination for the purpose of obtaining a physician’s report.  

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In this video, our Chicago guardianship attorneys explain common legal disputes that may arise an Illinois guardianship for either a disabled adult or a minor, including disputes over who will service as guardian, disputes over whether guardianship is necessary, breach of fiduciary duty in guardianship cases, termination of a biological parent’s rights in order to appoint a guardian, and removal of a guardian based on changed circumstances.

In this video, our Chicago guardianship attorneys explain how if you want to be a guardian, a guardianship proceeding must be filed with the appropriate circuit court.  Guardianships may be granted by if your loved one is unable to communicate appropriate decisions regarding personal or financial matters. This can be due to a number of factors including: due to 

• Mental illness
• Age
• Mental or physical disability; or 
• Poor life choices such as "gambling, idleness, debauchery, or excessive use of intoxicants or drugs."  

To be named a guardian, you will be required to obtain an experienced's report certifying that the guardianship is appropriate.  The appropriate forms for Chicago are found on the Cook County Circuit Clerk's website.  The report needs to be reviewed carefully to ensure that the experienced's certifications are accurate, and the correct type of guardianship (limited or total/plenary guardianship) is recommended. 

If no problems or contesting exists, at the conclusion of the guardianship proceeding, the court issues an order appointing you to be your loved one's guardian.  After this happens, our Chicago guardianship attorneys assist you on an ongoing basis to prepare and file annual reports to the court regarding your administration of your loved one's estate. 

If your loved one is still mentally competent, one alternative to guardianship proceedings is having them execute a Healthcare and Financial Powers of Attorney, which explains the wishes of your loved one without the need of a court order. ​

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