Northern Illinois Lawyer Assists with the Intricacies of Establishing Guardianship
When a person is unable to manage his or her affairs, make personal or financial decisions in Illinois, and they have not executed a valid power of attorney, a trust, or other documentation to appoint an agent in case of disability, the court sometimes appoints a guardian to act on his or her behalf to protect the person’s financial well-being and interests.
Establishing guardianship for a disabled adult is a document-intensive process and may entail a variety of legal issues. Guardianship attorney Roger Stelk can help you navigate through the intricacies involved with establishing guardianship for your loved one including helping to determine the type of guardian needed, obtaining guardianship of a disabled adult, and helping to ensure that your duties as a guardian are performed accurately and comprehensively.
There Are Two Types of Guardianships
The court may appoint just one type of guardian or both, depending on the needs of the individual. The extent to which an appointed guardian is able to make decisions on behalf of the disabled individual or minor is decided by the court after careful and thorough evaluation. If it decides it is necessary, the court may appoint a guardian of the estate, a guardian of the person or both. In some cases, a single person is appointed to make both financial and personal decisions on behalf of the ward.
Guardian of the Estate
The guardian of the estate is appointed when, due to mental, physical or developmental disability a person is unable to communicate or make responsible decisions regarding his or her finances or assets. The guardian of the estate manages the person’s assets and finances under the supervision of the court.
Guardian of the Person
The guardian of the person is appointed to make decisions about living arrangements, personal care, medical treatments, social services and other needs when the individual in question is unable to do so for himself or herself.
Family members and caregivers should note, however, that simply because their loved one is mentally or physically disabled or elderly is not enough in itself to deem the appointment of a guardian necessary. Illinois courts have the flexibility to appoint guardians with powers that are tailored to the capabilities and needs of the individual.
Who Can Be Appointed Guardian
Family members and caregivers are not automatically named as guardians for their loved ones. The court makes guardianship determinations in the best interest of the disabled person. Typically, any individual who is at least 18 years old, is a legal resident of the United States, is of sound mind, and has not been convicted of certain crimes can be appointed guardian. Additionally, not-for-profit organizations can also obtain guardianship and are encouraged to do so. Companies that provide residential services to persons who live in their facilities are not eligible for the role.
Our team at the Law Offices of Roger W. Stelk has extensive experience in the guardianship area:
- We establish guardianships on behalf of clients
- Advise guardians regarding their duties under the law
- Prepare and file required annual reports with the Court
Disputes and complications can arise over guardianship issues. For example, problems sometimes arise between adult children over personal care and financial issues involving a parent who is no longer able to care for himself or herself. Guardianship lawyer Roger Stelk represents clients in guardianship litigation involving these and other situations.
For a free initial with the Law Offices of Roger W. Stelk call (847) 506-7330 or send us an e-mail. Located in Arlington Heights, our firm serves clients in Cook County, the Northwest suburbs of Chicago, and Northern Illinois.