Wheaton Guardianship Attorneys

Aggressive Lawyers Helping to Establish Guardianship in Wheaton, Illinois

When someone is not able to take care of themselves or manage their affairs, it may be necessary for another person to step in as a legal guardian. However, the legal process of obtaining guardianship is not a simple affair. The courts will take into account the needs of the vulnerable person, or ward, to see if guardianship is in their best interests.

At Roberts PC, our family law attorneys are here to help during guardianship cases, whether you wish to become a guardian or contest the assignment of a guardian. We have over 40 years of experience handling complex family law cases throughout DuPage County and beyond, allowing us to strategize for an ideal outcome on your behalf.

Guardianship of a Minor

There are numerous circumstances in which a child might require a guardian. If the parents are unfit or unequipped to raise the child, another party can step in to act as a guardian. This typically applies in cases where the parents are uninvolved in their child's life, as well as situations where a parent dies or becomes unable to care for the child due to disability.

Any prospective guardian for a child must be a legal citizen who is at least 18 years of age and has the ability to manage their own affairs. A conviction of a violent felony or crimes against children may disqualify a person seeking guardianship. Note that you do not have to be related to the child to be considered for guardianship.

A final decision for guardianship of a minor will be made at a court hearing. The judge will prioritize the child's best interests above all else, factoring in the child's physical and mental health.

Guardianship of an Adult

Guardianship of adults is reserved for vulnerable people who cannot fully manage their own affairs due to age or disability. The proposed ward can contest the petition in court and make a case for their independence. In most cases, the court will honor any written statements made by a proposed ward regarding who they wish to be their guardian, but if there is no named guardian, somebody else can petition for guardianship.

In high-conflict guardianship cases, the court may appoint a guardian ad litem on behalf of the ward. A guardian ad litem is a legal representative who investigates the case to find out what is in the ward's best interests. The guardian ad litem will then make a recommendation to the judge based on their investigation.

Types of Guardianship

There are different types of guardianship in Illinois that may grant limited or absolute control over the ward's estate or their personal care:

• Limited Guardianship: This gives the guardian the authority to make some, but not all decisions on behalf of the ward. The exact powers of limited guardianship are left up to the judge's order. This form of guardianship can give an adult some control over their life while ensuring that they will have assistance when needed.
• Plenary Guardianship: This gives the guardian total control over the ward's affairs, granting authority over important decisions. A person may be named a guardian of the estate, allowing them to make financial decisions, or they may be named a guardian of the person, allowing them to address medical decisions and personal care. One person may be both a guardian of the estate and a guardian of the person, or two different people or entities may serve in these roles.
• Temporary Guardianship: This gives the guardian short-term control over the ward's affairs, lasting up to a year. Temporary guardianship can be arranged outside of court with a signed agreement.

At Roberts PC, we can help you petition for the most appropriate type of guardianship for your situation, whether you need a long-term solution or a short-term remedy.

Meet With a Wheaton, IL Guardianship Lawyer Today

Petitions for guardianship should be handled with care. At Roberts PC, we know just how important these cases can be for the prospective guardians and wards. No matter where you stand in a petition for guardianship, our attorneys are ready to advocate for you, making sure that you know your rights. To schedule a free consultation, call our offices at 630-668-4211 or contact us online.