How Guardianship Works
If you have a relative who is 18 or older and who can no longer make decisions about financial or other matters, establishing a guardianship through the circuit court may be necessary. A judge may appoint a legal guardian if a person has an issue related to a mental, physical or developmental disability.
With a guardianship of a person, the court appoints someone to attend to the disabled individual’s needs regarding health and daily matters. Another process is guardianship of an estate, which involves the individual’s finances, such as paying bills. One person can be appointed guardian for both responsibilities.
Who Represents The Person Who Is Disabled?
In Illinois, most courts appoint a guardian ad litem. This is a lawyer who offers an unbiased opinion to the judge about whether a guardianship is necessary. The guardian ad litem’s responsibility is to look out for the best interests of the person who is disabled.
What About Power Of Attorney?
In some situations, creating a power of attorney may be an option. But typically when someone is seeking a way to take care of financial matters for an adult who is disabled, guardianship is the only option.
Seek Assistance From A Highly Experienced Guardianship Attorney
Rightly so, guardianships require solid validation that a person is actually incapable of taking care of their daily personal matters, whether it be health or financial. Our firm has worked in this area of law for several years, with our attorney often serving as the appointed guardian ad litem for cases in local courts.
This gives the firm unique insight and experience into these kinds of cases. We can offer honest, accurate advice about your best legal options.