If your loved one is no longer able to make decisions regarding their health or finances, guardianship may become necessary. The attorneys at our firm can help you determine if this option is right for your family member and guide you through the process of establishing a legal guardianship.
The goal of a legal guardianship is to give an individual, called a ward, the power to decide over all aspects of their personal life that are covered by law. This can include medical care, legal documents, real estate, retirement funds, long-term care, and other financial matters. The scope of the ward’s powers will vary depending on their age and situation.
Legal guardianship is typically granted by a probate court judge after a thorough evaluation of the case and evidence presented. Different states have different laws and procedures that must be followed when pursuing a guardianship, and our lawyer will address these issues during your initial consultation.
Whether you are looking for a legal guardian for a minor child or an elderly parent, our attorney will work to understand your relationship with the potential ward and will use this information to craft a strong case that convinces a probate court judge that you should be their legal guardian. The law generally prefers to appoint relatives as legal guardians, and our attorney will do everything possible to ensure the best outcome for your situation.
Guardianships are often needed when parents are no longer able to care for their children or when an adult is unable to make sound decisions because of a physical or mental impairment. When this happens, the legal process for establishing a guardianship is complex and must be done carefully to ensure that your rights and those of the ward are protected.
Our Chicago legal team can handle the most complex guardianship cases, and we are prepared to defend your rights should any dispute arise. In addition to helping you with the initial filing, our lawyer will also assist you in drafting any additional documents and attending hearings as required by the court.
If you have been appointed as a legal guardian, we can also help with the termination of that guardianship. This is a complex process that requires the submission of a petition along with either a citation or notice of hearing. These documents must be served to the subject of the guardianship, the new legal guardian(s), and any other relevant parties. A hearing will then be held by the court and the subject’s new legal guardian(s) will be expected to provide detailed documentation about their time as a ward to the subject of the guardianship. The attorney will help you gather this evidence, review it, and present it at the required hearing.