Joliet, IL Guardianship Attorneys

Knowledgeable Lawyers Helping Establish Guardianship of Minors or Adults in Joliet, Illinois

When family members or others need to care for a minor child or an adult who is disabled or elderly, it may be necessary to establish guardianship. Legal guardianship provides a person with the authority to make important decisions on behalf of a person who cannot care for themselves or manage their own affairs. Whether you are planning to establish guardianship for a child or an adult, it is important to understand the procedures you will need to follow and the steps you can take to protect your own rights and those of the ward.

At Jordan Steele & Associates, LLC, our attorneys provide compassionate legal assistance in cases involving guardianship. If you are caring for a child, we can help you make sure you will have the tools needed to address their ongoing needs. If you are looking to assist an elderly person or an adult with special needs, we can help you put arrangements in place that will protect their best interests.

Guardianship of Minor Children

In cases involving minor children, guardianship arrangements may be put in place when one or both of a child's parents are unfit, unwilling, or unable to provide the proper care. Guardianship ensures that a responsible adult can make important decisions about the child's care, education, health, and welfare.

Common situations in which guardianship of a minor child may be needed include:

• Parental Incapacity: A parent may be temporarily or permanently unable to care for a child because of a physical or mental illness.
• Death or Absence of Both Parents: The child's biological parents may be deceased or otherwise absent from the child's life.
• Parental Neglect or Abuse: When a child's safety or well-being may be at risk while in the care of one or both parents, other family members may step in to provide a safe and stable environment.

Guardianship of Adults

Adults who are disabled, elderly, or incapacitated may be unable to fully care for themselves or make decisions on their own. Guardianship for an adult may be necessary when a person has become mentally or physically impaired due to age, illness, or disability and is no longer capable of managing their own affairs.

Guardianship of the Person vs. Guardianship of the Estate

There are two separate forms of guardianship, and each type provides different legal rights and responsibilities:

• Guardianship of the Person: This will give the guardian authority over the care and well-being of an individual. The guardian will be able to make decisions related to the person's health, education, housing, and other aspects of daily living. A guardian of the person is responsible for ensuring that the ward's needs are met and that their best interests are provided for.
• Guardianship of the Estate: This will give the guardian control over the ward's financial affairs. The guardian of the estate is responsible for managing the ward's assets, paying bills, and making decisions regarding their property.

In some cases, a person may have a separate guardian of the person and guardian of the estate if they require assistance with both personal and financial matters. However, a single person may serve as both the guardian of the person and the guardian of the estate.

Legal Issues in Guardianship Cases

When establishing guardianship, there are several legal issues that will need to be addressed to ensure that the guardianship arrangement will provide for the best interests of the ward. During the guardianship process, a person may need to address:

• Petition for Guardianship: The process typically begins with a formal petition filed in the appropriate court. The petitioner (the person seeking guardianship) must provide evidence that the ward is unable to care for themselves and that the proposed guardian is fit to assume responsibility.
• Court Hearings and Approval: After the petition is filed, a court hearing will be scheduled where a judge will review the evidence and make a determination about whether guardianship is necessary and who is the best candidate to serve as guardian.
• Background Checks and Suitability: The court may require a background check on the proposed guardian to ensure that they are suitable for the responsibility. This process may review the guardian's criminal history, financial stability, and their overall ability to care for the ward.
• Determining Incapacity: In cases involving adult guardianship, the court will need to determine whether guardianship is necessary. A judge may order an assessment of the ward to determine whether they need assistance. A guardianship agreement may be crafted to ensure that a person can retain as much control over their own life as possible.
• Establishing Ongoing Responsibilities: The guardian will have ongoing responsibilities, including regular reporting to the court regarding the ward's welfare. The court may review the case regularly to determine whether continued guardianship will be necessary or whether the terms of the guardianship agreement should be adjusted.

Contact Our Joliet Guardianship Lawyers

Whether you are seeking guardianship of a minor child or an adult in need of care, Jordan Steele & Associates, LLC is here to provide the legal assistance you need. Our experienced lawyers will help you put the proper guardianship arrangements in place while focusing on solutions that will provide for your loved one's best interests. Contact our Joliet, IL guardianship attorneys by calling 872-314-0080 and arranging a free consultation.