When a family member becomes incapacitated due to illness, injury, or old age, guardianship can be an effective way to ensure their legal and physical interests are protected. In the absence of a power of attorney or similar document, guardianship can be required to obtain access to medical care, enroll a minor in school, and make other vital decisions on behalf of someone who can no longer do so for themselves. It is important to have an experienced Chicago Guardianship Attorney in Illinois to help guide you through the process of obtaining guardianship of a minor or disabled person.
A guardian ad litem, or GAL, is an independent professional who is appointed by the court to investigate and represent the best interests of a child in a legal matter where one or both parents are unfit to parent the child or do not want custody. GAL qualifications and duties vary by state. Generally, they are social workers with experience in children’s law.
In most cases, a guardianship of a child becomes necessary when the parents are deceased, unfit to care for the child, or unwilling to take custody of the child. Often, other family members will seek guardianship to provide for the child’s long-term needs. The same is true for adults who are incapable of caring for themselves on a long-term basis due to illness, injury, or incapacitation.
Guardianship of an Incapacity
A judge will decide whether to grant a legal guardianship based on an individual’s need for assistance with personal care or property management. The court will look at evidence such as written statements from physicians who have examined the individual, an affidavit listing assets and debts, and other documentation. An experienced Chicago Guardianship Attorney can expedite the process of establishing guardianship and ensure all legal requirements are met.
If the proposed guardianship is not in the individual’s best interest or there are other alternative ways to address their needs, an experienced attorney can guide you through the process of objecting to a guardianship. The court may then choose to appoint another individual to the position of guardian or deny the application.
If you have a friend or loved one that has recently become incapacitated, it is important to put the proper documents in place to protect their interests and avoid a lengthy and expensive guardianship proceeding. A skilled lawyer can also assist you in contesting a proposed guardianship or defending against misconduct claims made by a current guardian. The legal team at Kevin M. Rosner is here to provide trusted and reliable counsel at every juncture of the process. Call us today to schedule your free consultation! We proudly serve clients in the surrounding areas of Cook County, including Waukegan, Crystal Lake, Joliet, and Barrington. We also represent clients in matters involving Probate and Trusts. Our office is conveniently located in downtown Chicago. We offer evening and weekend appointments to accommodate clients with busy schedules. We speak English, Polish, and Russian.