Guardianship Attorney Des Plaines

When loved ones are unable to care for themselves, establishing legal guardianship can help protect their well-being and future. Our Cook County guardianship attorneys, serving areas such as Des Plaines and Arlington Heights, provide the guidance you need to navigate guardianship law and make the best decisions for those who matter most.

Comprehensive Guardianship Services in Des Plaines, IL

Guardianship is a legal process that allows someone to make decisions on behalf of another person who is unable to do so themselves due to age, illness, or incapacity. Whether you’re seeking guardianship for a minor child, an elderly parent, or an adult with special needs, including adult guardianship, our Des Plaines guardianship attorneys are here to guide you through the process. For a disabled adult, the complexities involved in their guardianship require careful navigation to ensure their rights and needs are protected. Guardianship law can be complex, but with the right support, you can ensure that your loved ones are protected and cared for in the best way possible.

Types of Guardianship for Disabled Adults in Des Plaines

In Illinois, there are several types of guardianships that serve different purposes, depending on the individual’s needs. Our Des Plaines guardianship lawyers assist clients in understanding the differences and determining which type of guardianship is appropriate for their situation.

• Guardianship of a Minor: If a minor’s parents are unable or unwilling to care for their child, a legal guardian may be appointed to assume parental responsibilities. This can be temporary or permanent, depending on the circumstances.
• Guardianship of an Adult: For adults who are incapacitated due to age, illness, or disability, a guardian may be appointed to make decisions regarding their personal care or financial matters. This includes managing healthcare, living arrangements, and financial assets. Disabled adults who are unable to care for themselves may also require a legal guardian. In Illinois, there are specific legal stipulations for becoming a guardian for a disabled person, including qualifications and the types of decisions the guardian may make on their behalf.
• Limited Guardianship: In some cases, the court may appoint a guardian to make decisions only in specific areas of a person’s life, such as healthcare or finances, while the individual retains the ability to make decisions in other areas.
• Temporary Guardianship: Temporary guardianship can be granted for short periods in emergency situations, providing immediate care and decision-making authority when someone is unable to act on their own behalf.

The Guardianship Process in Illinois Probate Court

Establishing guardianship requires navigating several legal steps, which may vary based on the type of guardianship you’re seeking. Our guardianship attorneys in Des Plaines will help you through the entire process, ensuring that your petition is properly filed and that you meet all legal requirements.

• Filing a Petition: The first step in establishing guardianship is filing a petition with the probate court. This document outlines the reasons for seeking guardianship and provides evidence of the individual’s need for protection.
• Notifying Interested Parties: After filing the petition, all relevant parties—such as family members or other interested individuals—must be notified of the guardianship proceedings.
• Court Hearing: A judge will hold a hearing to review the case, during which evidence is presented regarding the individual’s incapacity and the suitability of the proposed guardian. A guardian ad litem may be appointed to investigate and determine whether the guardianship is necessary.
• Guardian Appointment: If the court determines that guardianship is necessary and that the petitioner is a suitable guardian, an order is issued granting guardianship. The guardian will then assume responsibility for the individual’s care and decision-making.

Anecdotal Story: Protecting a Loved One Through Guardianship

One of our clients, a woman from Des Plaines, approached our office seeking guardianship for her elderly father, who was suffering from advanced dementia. He had always been independent, but his cognitive decline left him unable to manage his own finances or make decisions about his healthcare. His condition was worsening, and without a legal guardian, his care was becoming increasingly unmanageable. In such cases, hiring attorneys specializing in elder law is crucial to navigating the complexities of guardianship and ensuring the elderly individual's needs are met.

Our guardianship lawyer worked closely with the family to gather the necessary documentation, including medical records that demonstrated his incapacity. We helped the daughter file a petition for guardianship and represented her during the court hearing. The judge approved the petition, and she was appointed as her father’s legal guardian.

This allowed her to manage her father’s healthcare decisions and protect his financial assets, ensuring that he received the care and support he needed. By establishing legal guardianship, she was able to make informed decisions about his well-being, knowing that his best interests were being upheld.

Responsibilities of a Guardian

Once guardianship is established, the appointed guardian assumes significant legal responsibilities. These duties may vary depending on the type of guardianship granted but often include the following:

• Managing Healthcare Decisions: Guardians are responsible for making healthcare choices on behalf of the individual, including choosing medical providers and approving treatments.
• Overseeing Living Arrangements: Guardians may need to decide where the individual will live, whether that involves moving them into an assisted living facility or managing their home care.
• Handling Financial Matters: If the guardianship includes authority over financial decisions, the guardian must manage the individual’s financial affairs, pay bills, and ensure that their financial resources are used in their best interest.
• Reporting to the Court: Guardians are often required to provide periodic reports to the court detailing how they are managing the individual’s care and finances.

Why You May Need a Guardianship Lawyer

Establishing guardianship is not a decision to be taken lightly, and the legal process can be challenging. Our guardianship attorneys in Des Plaines can help you:

• Understand Your Legal Options: We explain the different types of guardianships and help you determine which is best for your situation.
• Navigate the Court System: From filing the petition to representing you in court, we guide you through each step of the process.
• Ensure Compliance with Guardianship Law: We help you meet all legal requirements, ensuring that your petition is handled properly and efficiently.
• Protect the Rights of the Individual: We work to protect the rights and dignity of the individual in need of guardianship, ensuring that their best interests are always at the forefront.

If you’re considering guardianship for a loved one, our Des Plaines guardianship attorneys are here to help. Contact us today to discuss your case and learn more about how we can assist with the guardianship process. Together, we can ensure that your loved one receives the care and protection they deserve. We also offer a free consultation for potential clients to discuss their legal needs and explore their options.

Directions to our Des Plaines office:

From Arlington Heights (via IL-12 E):

• Take IL-12 E (Rand Rd) southeast.
• Continue on Rand Rd for about 6 miles.
• The destination will be on the right.

From Mount Prospect (via US-14 W):

• Take US-14 W (Northwest Hwy) towards Des Plaines.
• Turn right onto Rand Rd.
• Continue for 1.5 miles, and the destination will be on the right.

From I-294 S (Tri-State Tollway):

• Take the exit for US-12 W/IL-58 W (Golf Rd) and head west.
• Turn right onto Rand Rd (IL-12).
• Continue for 2 miles, and the destination will be on the left.