Illinois Guardianships for Children and Dependent Adults

Wheaton Estate Planning Attorneys for Guardianships

There are moments in life when the unexpected happens, and some problems may seem impossible to solve in certain situations. A child may lose his or her parents, either because of death or because the parents are incapable of caring for the child. A minor may become entitled to receive property, but a minor is not legally capable of handling his or her own property. An adult may lose the capacity to make personal or financial decisions. When this happens, a hearing is held in court during the Illinois probate process, and, if the court finds any of these to be the case, the court will appoint a legal representative of the disabled person, called a guardian.

The child or disabled adult is called the "ward." A guardian of the estate handles the ward's financial matters; a guardian of the person makes personal decisions on behalf of the ward. Sometimes both types of guardians are needed; sometimes only one. The same person may be appointed both guardian of the person and guardian of the estate, or they may be different parties.

Being a guardian is often not an easy job. The guardian must act strictly for the best interests of the child or disabled adult. The court protects the ward, and the guardian can properly act only in accordance with legal authority and the court's directives. The guardian must also regularly report to the court to ensure that the ward's needs are being met, and the court will determine whether continued guardianship is necessary. The attorneys at the Wheaton law firm of Stock, Carlson & Asso. LLC have represented many guardians and assisted them in fulfilling their legal duties.

Contested Guardianships

People love their independence, and our laws strive to give people as much independence as possible for as long as possible. During guardianship proceedings, the person who is alleged to be disabled is always entitled to notice and an opportunity to be heard; sometimes they do not agree with the allegation. In other cases, it may be clear that the person is disabled, but there is a disagreement about who should be appointed guardian or the extent of the guardian's authority. The attorneys at the Wheaton law firm of Stock, Carlson & Asso. LLC have represented many people involved in the guardianship process, protecting their rights during this difficult time.

Planning Ahead for Your Family's Needs

When families plan ahead, they are more capable of dealing with these kinds of life-altering circumstances effectively. If you are the parents of young children or adult children with disabilities, designating a legal guardian to look after them if something were to happen to you is one of the most important decisions you will make.

Competent adults have the right to designate who they trust and want to handle their health and financial decisions (their "agent") should they become disabled by executing an appropriate power of attorney; without this type of agreement in place, decisions about guardianship will be made by a probate judge who knows nothing about you or your family. A special needs trust may be appropriate for the long-term financial care and support of a disabled loved one. Even elderly parents in need of full-time care may need to have a guardian appointed, especially if the elder has become mentally ill.

At the Wheaton law firm of Stock, Carlson & Asso. LLC, our estate planning attorneys help families prepare for the worse and deal with life's unexpected moments. We can help you through the decision-making process of naming a legal guardian for your child or offer you our legal guidance for creating powers of attorney.

Our DuPage County Guardianship Attorneys Take Care of You

If you have questions about guardianships, designating your agents, and making sure your loved ones are taken care of in the event you are no longer capable, then contact our guardianship attorneys in Wheaton, Illinois at the law firm of Stock, Carlson & Asso. LLC to schedule a consultation. We represent clients in DuPage, Cook, Kane, and Lake County and in cities throughout northern Illinois. Call our office at 630-665-2500.