Guardianship
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Barrington IL Guardianship Lawyers

Experienced Attorneys Serving Inverness, Algonquin, Palatine, and Throughout the Area

There are situations where the state must intervene to protect and ensure that an individual's rights and best interests are served by appointing a guardian. This may occur on behalf of minor children, whose parents may be deceased, deemed to be unfit, or are unwilling to provide for their care. The other scenario is when a disabled adult (ward) is unable to execute or responsibly communicate choices regarding their own day-to-day care and/or financial affairs. These processes are responsibilities of the court, and those who are involved (interested parties) may seek legal counsel to assist in the proceedings. For three decades, the attorneys at Lucas Law have been advocating for clients on legal issues associated with guardianship, as well as the many aspects of family law and probate.

Guardianship for Adults

The are different types of guardianship that can be implemented for adults, including:

  • Person: Makes choices regarding personal, medical, home arrangements and assistance programs. They may be assigned physical custody of the ward and possibly for any of their dependent children as needed.
  • Estate: Makes choices involved with the ward's estate management, financial and legal issues.
  • Limited: The court assigns them responsibility for certain specific areas and concerns.
  • Plenary: The guardian has comprehensive responsibility to all areas of concern.
  • Temporary: Assigned for a period under 60 days, but may be extended as needed; this may be in response to emergency situations.
  • Successor: The designated replacement for a guardian that becomes incapacitated, has died, resigned, or been removed by the court.
  • Testamentary: Is listed as a designated guardian by a parent in their will to assume guardianship upon their death.

Reasons for Adult Guardianship

The court will assign an adult guardian for those they deem disabled. The individual may be incapable of managing their personal care or financial affairs due to mental illness, physical disability or syndrome, developmental challenges, or addictions such as to drugs or gambling.

Limitations on Person Guardians

Unless ordered by the court, they will not move the ward to an institutional residence, such as a long-term care facility or mental hospital. Further, they will not order any procedures of sterilization.

Limitations on Estate Guardians

They are not to sell, transfer, or mortgage the ward's property. Additionally, they are not to take loans on their behalf, make gifts from their funds, spend large sums on unnecessary items or services, or distribute funds to themselves.

Reasons for Assignment of Child Guardianship

Guardians may be assigned for various reasons, and when this occurs the individual assumes the responsibilities that a parent otherwise would. Parents may be unable to provide care for a child due to mental or physical disability, indigence, vagrancy, or death. Assignment or removal of a guardian is a legal process which is the exclusive responsibility of the court.

Requirements for Guardians of Children

The courts require that guardians are 18 years of age, U.S residents, are of sound mind, and are free of both disabilities and felony convictions.

Responsibilities of Child Guardians

To provide custodial care of the child until they are 18 years old; to enroll them in school, consent to health treatment, acquire available public assistance, and provide food, clothing, shelter and basic expenses.

Lucas Law has been devoted to serving the legal needs of clients for over 25 years. Those seeking experienced and compassionate legal services can contact us by calling 847-381-8700 for a consultation. We serve clients throughout Barrington, Inverness, Algonquin, Palatine, Cary, Fox River Grove, Kildeer, Wauconda, Island Lake, Lake Zurich, Tower Lakes, Hawthorn Woods, and all surrounding communities.

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