Schaumburg Guardianship Lawyers

Attorneys for Guardians of Minor Children and Disabled Adults in Schaumburg

A legal guardianship is often needed when someone must provide long-term care for another person. For example, this may be necessary if parents pass away before their children reach adulthood, if an adult has a physical or mental disability, or if an elderly person can no longer fully take care of themselves. By establishing guardianship, decision-making power for a person (known as a "ward") is given to the guardian, who may then be responsible for addressing matters related to the person's healthcare and/or finances.

A. Traub & Associates provides legal help for people and families who need to address issues related to estate planning. If you are looking to be named the guardian of either a minor or an adult, we will explain your rights to you, help you understand the requirements you will need to meet, and make sure you follow the correct procedures to secure your legal rights and provide for the person in your care.

Legal Guardianship in Illinois

A person may be named as a legal guardian for a minor child or disabled adult if they fulfill certain requirements. A guardian must be over the age of 18, they must have the mental capability to understand their rights and requirements, and they must be either a citizen or permanent resident of the United States. Certain types of disabilities or felony convictions may disqualify a person from serving as a guardian. Illinois recognizes two types of guardianship, and a person may serve as either or both types of guardian.

A person or entity that is named as a guardian of the estate will be responsible for managing financial issues on behalf of the ward. The guardian may be able to complete transactions or take other actions related to the ward's income and assets, including buying and selling property, establishing or administering different types of trusts,, and managing issues related to retirement accounts and insurance benefits. The guardian will be required to manage financial affairs in a way that protects the ward's best interests.

Someone who is named as a guardian of the person is responsible for meeting the ward's medical and personal needs. They may be responsible for addressing any issues related to the ward's ongoing care, including making sure they have a place to live, providing them with food, making decisions about medical treatment, administering medications, or handling any other concerns related to the ward's health and well-being.

A guardianship petition is usually submitted in probate court, and the court will schedule a guardianship hearing. Any relatives of the proposed ward who might have a say in issues related to their loved one may be notified. At the hearing, a judge will review the facts of the case to determine whether guardianship is needed, and they may then name a person as the ward's legal guardian. In some cases, a limited guardianship may be appropriate, and a guardian may only be given authority to address certain aspects of the ward's life, ensuring that the ward will be able to retain as much control as possible over their finances or personal care.

Contact a Schaumburg Guardianship Lawyer

If you are responsible for providing care for someone else, including a disabled or elderly adult or a minor whose parents have passed away, guardianship can ensure that you will be able to make decisions for them and protect their rights and interests. It will also ensure that the proper oversight is in place to make sure personal or financial decisions are being handled correctly.

In cases involving legal guardianship, everyone involved should be sure to consider the needs of the ward, the protections that will be provided to the guardian, and how decisions may affect other family members or loved ones. An adult ward may want to have a voice in the choices being made, and in addition to establishing guardianship, they may also consider establishing powers of attorney or a living will to ensure that they will receive the proper medical care in certain situations. If you have questions about guardianship or estate planning, A. Traub & Associates is here to provide answers and assist with legal issues. For a confidential consultation, call us today at 630-426-0196 or fill out an online contact form.