Wheaton Guardianship Attorney
Skilled Guardianship Attorney Serving DuPage County, IL
Establishing guardianship in Illinois can be a complex legal process involving a number of different laws. A legal guardian will be appointed by the court to assume responsibility for children or vulnerable adults. When someone becomes a guardian, they may be granted the authority to make critical decisions about the care and well-being of the individual and address personal and/or financial concerns such as medical care, living arrangements, education, income, and property, among other areas of the person's life. If you are interested in becoming the guardian of a child or if you believe that guardianship needs to be established for an elderly or disabled adult, a family law attorney can help you understand your options.
At Fawell & Fawell, our well-respected guardianship attorney takes pride in helping individuals who are looking to become guardians. At our firm, we can help guardians take the proper legal measures to provide for a minor or disabled adult, while also protecting the rights of the person in their care. With our experience representing clients in guardianship cases, we have the skill and knowledge necessary to help resolve any issues that may arise and ensure that a person will be provided for.
Why Would a Child or Adult Need a Guardian?
In some cases, children or vulnerable adults may require the appointment of a legal guardian to ensure they receive the proper care and support they need. Reasons for adult guardianship may include mental incapacity, physical disabilities, or other conditions that affect a person's ability to make decisions and care for themselves. A guardian can provide protection, security, and care for people in these situations, while also ensuring that they can maintain as much control over their own lives as possible.
A child may need a guardian in certain circumstances, such as when one or both of their parents have died, been sentenced to prison, suffer from addiction or homelessness, or are otherwise unable to care for the child. A guardian for a child will assume the responsibility of their care, ensuring that the child's safety will be protected and that their financial and personal affairs will be managed properly.
What Kind of Guardianships Can Be Put in Place in Illinois?
There are several different kinds of guardianships available in Illinois, including:
- Guardian of the estate - With this form of guardianship, a person or organization will be appointed by the court to manage the financial affairs of a minor or a disabled adult who cannot fully manage their own property or assets.
- Guardian of the person - This kind of guardian will have the authority to make decisions about a person's non-financial needs, such as education, healthcare, personal care, and comfort.
- Plenary guardianship - This will provide a guardian with the right to make all decisions for an adult with disabilities who is unable to fully handle these issues on their own. Plenary guardianship may apply for a guardian of the person, guardian of the estate, or both. A guardian will have full decision-making authority over the person's life and is responsible for making decisions in the ward's best interests.
- Limited guardianship - This kind of guardianship will give a guardian the right to make certain types of decisions for an adult with disabilities or to assist in making decisions and addressing issues related to personal care and/or finances. The court may grant limited guardianship if it determines that the disabled adult is partially capable of making decisions and can thus manage some aspects of their life independently or with assistance. To ensure that a person can maintain control over their own life to the fullest extent possible, the least restrictive options should be put in place.
- Temporary guardianship - If an adult experiences temporary issues that will require them to receive assistance with financial and/or personal issues, or if a parent will be temporarily unable to provide care for their child, an agreement may be put in place that will appoint a guardian for a limited period of time.
Contact a DuPage County Guardianship Attorney
While becoming a guardian may seem complex, a qualified attorney can make the process simpler and easier to understand. If you are looking to become a guardian for a minor, an elderly person, or a disabled adult, Fawell & Fawell can help you take the correct steps to ensure that you will have the authority to make all necessary decisions. Contact us at 630-871-2400 for a free consultation.