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
- 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 Springfield 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 Springfield 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.
Read an article by our Springfield guardianship attorneys explaining more about the adult guardianship process in Springfield.