Chicago Contested Guardianship Attorneys

In this post, our Chicago contested guardianship attorneys explain In the case of adult wards challenging a guardianship order, the ward may choose to challenge due to a change in his or her capabilities of caring for and making sound decisions for himself or herself. The ward therefore must argue that he or she should no longer be considered legally "disabled" to the extent that a guardianship is necessary. Regardless of his or her disability, however, a ward always has the right to request the termination or modification of the guardianship order. The ward or a person on behalf of the ward, or even an attorney, may file a petition with the court to terminate the guardianship. Generally, these findings can either result in a dismissal of the petition and keeping the guardianship as is, termination of the disability adjudication and termination of the guardianship, modifying the responsibilities of the guardian, or making any other order the court deems to be in the best interest of the ward. 

In this article, our Chicago contested guardianship attorneys discuss the powers and duties of a guardian in Illinois adult guardianship cases. The article outlines the "substituted judgement" rule and how it affects the guardian's decisions based on the disabled adult's moral, philosophical, or religious beliefs. The guardian should also keep "substituted judgement" in mind when making medical decisions or any other decisions the court deem necessary.

In this video our Chicago contested guardianship attorneys explain that to become a guardian in Chicago, you need to create a petition to become the guardian of the disabled adult who is unfit to make decisions on their own behalf. There are a number of things required to file the petition including:

• 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.  

If another person is also seeking to claim guardianship over the same individual, it is very possible that this could become a contested guardianship matter.  These types of litigation matters require an experienced and skilled attorney for a successful resolution to the matter.

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