After speaking with one of our Client Intake Specialists, you will be scheduled for a consultation with our experienced probate legal team. Our consultations typically occur over the phone but can be in-person or online upon request.
We will require specific information from you during this phase. Does the person have any power of attorneys’ in place? Have they been activated? What is the person’s current health condition? Are they in agreement that a guardian is needed? Do they have the mental capacity to make that determination? Is the issue that someone who has a power of attorney is exploiting or abusing the person?
Your legal team will work with you to determine the type of guardianship that is most appropriate. Is a permanent guardianship required? Or is it a temporary or limited situation? Is an order of protection needed?
A guardianship requires a petition to be filed with the court with proper notice given to the respondent and relatives. The judge has the power to determine whether a guardianship is appropriate and who that guardian should be. In Cook County, the judge will appoint a guardian ad litem(“GAL”) to help assist the judge in reaching that determination. In other counties, a GAL may not be utilized.
The person must be a disabled person, which is defined statutorily as “a person with disability as a person 18 years or older who (1)because of mental deterioration or physical incapacity is not fully able to manage his or her person estate, or (2) is a person with mental illness or developmental disability and who because of mental illness or developmental disability is not fully able to manage his or her own estate, or (3) because of gambling, idleness, debauchery or excessive use of intoxicants or drugs, so spends or wastes his or her estate as to expose the person with disability or dependents to want or suffering.
Your legal team will explore alternatives to guardianship with you, including powers of attorney for health care and property, living will, Health Care Surrogate Act, civil commitment, and mental health treatment.
There are statutory limitations as to who can serve as a guardian. The court cannot appoint someone as guardian if that person is an agency or employee of an agency that is providing services to the person.
Medical documentation, typically in the form of a report, from a licensed physician or clinical psychologist is required in order to open a guardianship proceeding.
A guardian is responsible for procuring and making provisions for the person’s support, care, comfort, health, education, and maintenance.
The judge will hold a hearing to determine if guardianship is warranted, and who shall serve as guardian, and the type of guardianship.
Guardianships can be modified or terminated at any time. The court will continue to oversee the guardianship during its entire duration, typically with annual reports being filed and reviewed. A guardian can also be removed for cause.