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Chicago Guardianship Attorneys | Guardianship Dispute Lawyers, Chicago IL

Seeking a guardianship attorney? Our team of guardianship lawyers is prepared to assist with adult guardianship and legal guardianship cases, ensuring your loved ones receive the protection they need.
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Smiling womanAttorney Kevin O'Flaherty

"Kevin was extremely professional, responsive and knowledgeable when I came to him for help. I would definitely recommend O'Flaherty Law!"

Top 3 Qualities to look for in Your Attorney

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We believe your attorney should not speak in legalese

Finding an attorney who is a “real person” can be difficult. Many attorneys surround themselves almost exclusively with other attorneys and are accustomed to speaking in ivory tower legalese.  You should be able to connect with your attorney on a personal level, and he or she should speak to you in plain language that you can understand.  You will be working very closely with this person on issues that are very important to you. It is important that he or she be down-to-earth and someone that you connect with.

We believe your attorney should be accessible

The most common complaint that clients have of their attorneys is that the attorney is unreachable, does not communicate with them regularly, or does not promptly return your calls.  Your attorney should reach out to you about your case regularly and respond within 24 hours to calls and e-mails.  An open line of communication between you and your attorney is essential to building trust.

Learn how we service your area through our Remote Location Approach.

We believe your attorney should be realistic with you about costs and outcomes

Your attorney’s goal should not be to win at all costs.  Rather, it should be to achieve a favorable outcome for you as efficiently as possible.  It is important that your attorney set realistic expectations at the outset as to the costs you should expect, the concerns that the attorney has about the outcome of your case, and the length of time that you should expect your case to take.

Regardless of the nature of your case, we have an experienced attorney who will focus on your individual needs. Our team of attorneys works closely together, bringing each of their different fields of experience to bear in order to optimize our client care.

Client Testimonials

Christi M.

Kevin's firm handled setting up my will and trust recently. They took something that seemed intimidating and made it easy to understand. I've also referred a couple clients to Kevin - he's trustworthy, approachable and very fairly priced.

Marvin

"I've used Kevin and his firm's services since 2011. He gave undivided attention to my cases, advised me on different options and..."

Rachel B.

"Kevin was extremely professional, responsive and knowledgeable when I came to him for help. I would definitely recommend O'Flaherty Law!"

About Chicago Guardianship Attorneys:

Understanding Adult Guardianship

When an individual is unable to handle their own affairs, adult guardianship may become necessary, requiring action through the probate court. Our team of family law attorneys will guide you through this process, prioritizing the well-being of your loved one. This crucial legal measure aims to safeguard their financial and personal stability by appointing a legal guardian to make important decisions for them.

Navigating Probate Court

Embarking on the probate court process to secure legal guardianship can appear overwhelming. Yet, with a dedicated legal team supporting you, this journey can become more manageable, always keeping your loved one's best interests at heart. Our law firm has extensive experience in adult guardianship, collaborating with you to compile evidence, file necessary petitions, and present your case effectively in court. Our goal is to achieve a favorable outcome, creating a supportive legal structure for those who cannot represent their own interests.

The Role of a Legal Guardian

Assuming the role of a legal guardian carries significant responsibility, as the court entrusts you to oversee the personal care or financial matters of the ward. Our family law attorneys offer their support to help you understand and fulfill your obligations, impacting your loved one's life positively. From managing finances to making healthcare decisions or ensuring their general well-being, we are here to provide the advice and guidance you need to confidently fulfill your duties.

Expertise Best Child Support Lawyers in Chicago 201710 Best 2016 Client Satisfaction American Institute of Family Law AttorneysAvvo Clients' Choice 2016 DivorceRising Stars Kevin P. O'Flaherty SuperLawyers.com10 Best Law Firms 2018 Client Satisfaction American Institute of Family Legal Counsel Attorneys Estate Planning Law40 under forty

What to Expect From a Legal Consultation

The purpose of a consultation is to determine whether our firm is a good fit for your legal needs. Although we often discuss expected results and costs, our attorneys do not give legal advice unless and until you choose to retain us.

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Location

Office Address

155 N Wacker Dr STE 4250 Unit 30

Chicago, IL 60606

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Hours of Operation

Monday
9:00am - 6:00pm
Tuesday
9:00am - 6:00pm
Wednesday
9:00am - 6:00pm
Thursday
9:00am - 6:00pm
Friday
9:00am - 6:00pm
Saturday
Closed
Sunday
Closed

Attorneys

Meet the Owner

I am personally committed to ensuring that each one of our clients receives the highest level of client service from our team.  Our mission is to provide excellent legal work in a cost-effective manner while maintaining open lines of communication between our clients and their attorneys.  Many of our clients are going through difficult times in their lives when they reach out to us.  They should feel comfortable leaning on the experience and knowledge of our attorneys as their counselors and advocates.  We are here to help!

- Attorney Kevin O'Flaherty, Owner

Check Out Articles and Videos from our Chicago Guardianship Attorneys

Filing a Petition for Adult Guardianship in Chicago

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.

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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Avoiding Costly Guardianship Proceedings in Chicago

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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