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Our Naperville guardianship attorneys have the experience necessary to advocate for you in your contested guardianship or guardianship litigation cases. We are proud of our affordable rates and excellent customer service, and we hope to give you the peace of mind you deserve while putting you in the best position to win your case.
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In this article, our Naperville guardianship litigation attorneys cover what happens at the hearings for adult guardianship cases in Illinois. We cover disputed guardianship, how courts determine whom to name as guardian, and the different types of guardianship that Illinois courts have the power to order.
In this article, our Naperville 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 article, our Naperville contested guardianship lawyers explain how to file a petition for adult guardianship. If you'd like to petition to become the guardian of a disabled adult who is unfit to make decisions, there are certain things you need to state the petition.
You should include some of the following in the petition:
Our Naperville contested guardianship attorneys want you to get the full scope of what you'll need to succeed in filing your petition for adult guardianship.
A guardianship is a legal arrangement in which a court appoints a person (the guardian) to make personal and/or financial decisions for someone who is unable to do so themselves, typically a minor or an adult with a disability. A guardianship becomes contested when family members or interested parties disagree about who should be appointed guardian, whether a guardianship is necessary at all, or what powers the guardian should have. Contested guardianship proceedings can be emotionally complex and legally demanding, as they often arise in the context of family disputes, allegations of incapacity, or concerns about abuse or exploitation of a vulnerable person. The DuPage County court in Wheaton handles guardianship proceedings and is guided by the best interests of the ward. Contact our Naperville guardianship attorneys.
In Illinois, any person 18 years or older who is a legal resident of the United States and is of sound mind may be appointed as a guardian — as long as the court finds them suitable and it serves the best interests of the ward. Courts generally prefer family members, particularly spouses or adult children, when they are capable and willing. However, a family member will not be appointed if they have a conflict of interest, a history of abusive behavior, or are otherwise deemed unsuitable. If no appropriate family member is available, courts can appoint professional guardians or public agencies. For minor guardianships, the court considers the child's best interests and may appoint a Guardian ad Litem (GAL) to represent the child's interests independently during proceedings.
If you believe a guardian is not acting in the ward's best interests — due to neglect, financial abuse, conflict of interest, or changed circumstances — you can file a petition with the Illinois circuit court to modify or terminate the guardianship. The petitioner must demonstrate either that the ward no longer requires a guardian, or that the current guardian is unfit and a successor should be appointed. The court will consider evidence of the guardian's conduct, the ward's current condition and wishes (if the ward can express them), and any relevant changed circumstances. An attorney representing either a petitioner seeking to remove a guardian or a guardian defending their appointment should be experienced in Illinois guardianship law. Learn more about Illinois guardianship law.