Taking care of an elderly parent, child, or disabled person is one of the most important, yet complicated, responsibilities that someone can assume. It is a responsibility that requires good decision-making, compassion, and the ability to act decisively when necessary. To ensure that your loved one is taken care of properly, you need an experienced Chicago IL Guardianship Attorney.
Guardianship proceedings are a legal process that allows the court to determine if an individual has lost the capacity to make decisions for themselves or is otherwise incapable of managing their own affairs due to age, disability, or injury. The purpose of a guardianship is to provide a suitable and responsible caregiver to take care of the individual’s basic physical and financial needs.
Disabled adult guardianships usually begin with the filing of a petition in court by the person who wants to be named guardian. This is typically a relative, such as a parent, sibling, or child of the incapacitated adult. The petition includes basic information about the person, their age and a report from a physician or other professional that describes the disabled adult’s current condition. A hearing is set for 30 days after the petition is filed. During this hearing, the respondent, who is the individual being proposed for guardianship, has a right to be represented by an attorney and to cross-examine witnesses. A guardian ad litem, who may be an attorney or lay person, is assigned to the case by the court to investigate the circumstances and advocate for the best interests of the respondent.
A guardian’s duties and responsibilities are to serve the best interests of their ward at all times, including making decisions about living arrangements, health care, education, and other day-to-day concerns. Guardians must visit their ward regularly, attend to their personal and physical needs, and prudently manage the individual’s finances. Guardians are also required to file reports and accountings with the court, and attend court hearings when requested.
If you are concerned about a family member’s ability to care for themselves, talk with an experienced Illinois Guardianship Attorney at Davis & Associates to discuss what steps you can take. We are committed to helping you navigate the complexities of the guardianship process and protect your loved ones. Contact us today to schedule a free consultation. We proudly serve clients throughout Cook County and the surrounding areas. Whether you need assistance with a minor or disabled child, an elderly parent, or a disabled adult, we have the expertise to help. We will work hard to obtain the best outcome for your situation.