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Probate Law

A Guardianship Attorney Can Guide You Through the Guardianship Process

Guardianship Attorney

When a family member or friend becomes incapacitated and loses their ability to make decisions for themselves, the legal system may be needed to help them. A Chicago Guardianship Attorney can guide you through this process.

A guardian can be appointed to provide a disabled person with daily decisions regarding their health, welfare and finances. This individual can be a parent, sibling, spouse, relative, or even a neighbor. Guardianship cases can be a complex matter and having an experienced attorney on your side from the start can ensure the best outcome.

Our firm specializes in Guardianship matters and has experience in representing both proposed and existing guardians. Our team can assist you with all aspects of this process, including filing the proper documents with the Court, preparing the Court required annual reports, and appearing on behalf of you and your loved one at any Court hearings that may be necessary.

Guardianships for minors are often granted when parents are unable to care for their children or have been incarcerated, placed into foster care, detained or have been deported because of immigration issues. In these types of situations, it is essential that a qualified and skilled Guardian be in place to protect the child. We regularly represent grandparents, aunts, uncles, other relatives and friends in guardianship proceedings for minors.

The process of becoming a guardian starts when you file the appropriate petition with the Court. A judge will then review the information you have provided and make a determination regarding the incapacitated person’s incapacity and their ability to take care of themselves. It is important that you have a lawyer in this process to ensure that all of the appropriate documentation is filed and that you are able to present the facts in a manner that is likely to result in the court granting your requested guardianship.

Once a judge has made the requisite findings and appointed you as a guardian, your duties are to visit the incapacitated person on a regular basis, ensure their safety, attend to their medical needs, and prudently manage their financial affairs. However, it is not uncommon for a family member or another interested party to believe that you are not acting in the best interests of your guardianship case and that there are grounds to challenge your authority.

We are experienced in representing interested parties in these matters and can assist you with challenging, modifying or terminating guardianships. In order to terminate a guardianship, legal documents are served to the subject of the guardianship, their relevant family members, and any other parties that might have an interest in this matter. Then, a citation or notice is filed with the Court and a hearing will be held. This is a lengthy and complicated process and you should always have a knowledgeable Chicago Probate Attorney on your side throughout this process.