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Guardianship Lawyer Evanston

When life changes require a legal guardian, having an Evanston family law guardianship lawyer by your side can make all the difference. We help families establish guardianship with compassion, so the process is smooth and tailored to you.
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Smiling womanAttorney Kevin O'Flaherty

"Kevin was extremely professional, responsive and knowledgeable when I came to him for help. I would definitely recommend O'Flaherty Law!"

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Kevin's firm handled setting up my will and trust recently. They took something that seemed intimidating and made it easy to understand. I've also referred a couple clients to Kevin - he's trustworthy, approachable and very fairly priced.

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About Guardianship Lawyer Evanston:

What is Guardianship with an Evanston Attorney

Guardianship is a legal arrangement where someone makes decisions for someone who can’t manage their own affairs. This can be for minor children, elderly persons, or individuals with special needs. An Evanston guardianship attorney helps families understand the role and responsibilities of legal guardians, ensuring the guardianship process is clear, compliant with Illinois law, and in the best interest of the person in need.

What is Guardianship

Guardianship gives legal authority to one person, the guardian, to make decisions for another person, the ward. This is usually established when someone can’t make sound decisions on their own due to age, illness, or disability. Common reasons for guardianship include:

  • Caring for Minor Children: If a parent can’t care for them.
  • Supporting Adults with Special Needs: Someone to oversee their medical, financial, and personal decisions.
  • Elder Care: Helping elderly individuals who can no longer take care of themselves.

Real-Life Story: Establishing Guardianship for a Family

Meet John, an Evanston resident whose elderly mother Margaret was starting to forget things and needed more help with daily tasks. Margaret’s forgetfulness got worse and soon she couldn’t manage her finances or remember to take her medication. John was concerned for his mother’s safety and well-being and contacted an Evanston guardianship lawyer to explore his options.

After talking to the attorney, John learned about the guardianship process and how he could legally support his mother. The attorney walked him through the paperwork, court filings, and evaluation process. With the attorney’s help, John was appointed as his mother’s guardian and had the authority to make decisions for her health, finances, and daily care. John felt more at ease knowing his mother was legally protected and he could act in her best interest.

This is what guardianship can do for families.

Types of Guardianship

It’s important to understand the different types of guardianship so your loved one gets the right level of care and oversight. In Illinois guardianship falls into these categories:

  1. Guardian of the Person: Responsible for the ward’s personal needs such as medical care, living arrangements, and education.
  2. Guardian of the Estate: Manages the ward’s finances including income, expenses, and investments.
  3. Plenary Guardianship: Full authority over both personal and financial matters.
  4. Limited Guardianship: Specific authority over certain areas such as medical decisions or financial oversight.

Each type of guardianship requires specific legal documents to be filed and maintained.

How an Elder Law Guardianship Lawyer Can Help in Evanston, IL

Establishing guardianship involves navigating complex legal affairs, which can be overwhelming without help. A guardianship attorney can assist with:

  • Filing Petitions: Prepare and file the necessary court documents to start the guardianship.
  • Gathering Documentation: Collect medical, financial, and personal information to support the guardianship.
  • Court Representation: Represent you in court to make sure your voice is heard.
  • Ongoing Guardianship Management: Help with annual reporting and any legal updates.

Guardianship Process and Legal Documents

The guardianship process has several stages and understanding these steps will help families know what to expect:

  1. Initial Consultation: Meet with an attorney for a consultation to discuss your family’s needs and determine what type of guardianship is needed.
  2. Filing a Petition for Guardianship: File the official request with the court.
  3. Notification of Interested Parties: Notify family members and other stakeholders of the guardianship request.
  4. Court Evaluation and Hearing: The court reviews the evidence and has a hearing to determine if guardianship is necessary.
  5. Guardian is Appointed: Once approved the court issues an order of guardianship.

Guardian’s Responsibilities

Being a guardian means:

  • Making Healthcare Decisions: Meet the ward’s medical needs.
  • Managing Finances: Make financial decisions and protect the ward’s assets.
  • Providing Daily Care: Support the ward’s daily needs such as housing and personal care.
  • Filing Annual Reports: File annual reports to the court on the ward’s condition and financial status.
  • Managing Child Support: Ensuring that financial support is provided for the ward’s needs.

Why Work with an Evanston Guardianship Attorney

Guardianship laws and requirements can be tricky. Working with a reputable law office and an Evanston guardianship lawyer ensures that all legal requirements are met. This offers:

  • Clarity on Legal Requirements: Make sure all steps are done correctly.
  • Help with Documentation and Filing: Manage the paperwork to reduce stress and simplify the process.
  • Court Representation: Advocate for you and your loved one in court.

Guardianship FAQs

If you are considering guardianship, you may have questions. Here are some answers:

  • Is guardianship temporary? – Yes, in some cases temporary guardianship can be granted if short-term care is needed.
  • Do guardians have full control over the ward’s finances? – A guardian of the estate has control over finances but only as directed by the court.
  • What happens if a guardian can no longer serve? – The court can appoint a new guardian if the original guardian can no longer perform their duties.
  • What experience do you have with family law clients? – Our attorneys have extensive experience handling cases for family law clients, including guardianship, divorce, and child custody matters.

If You’re Considering Guardianship

If you’re thinking of establishing guardianship here’s what to do:

  • Meet with a Guardianship Lawyer: Discuss your family’s needs and the guardianship options, and understand the legal matters involved.
  • Prepare Documents: Work with your attorney to gather the necessary documents, medical and financial information.
  • Attend Required Hearings: Be prepared to present your case to the court and answer questions about your guardianship request.

An Evanston guardianship lawyer can help with:

  • Filing and managing the guardianship petition
  • Representing you in court
  • Filing annual reports and updates
  • Guidance on the legal responsibilities of guardianship

Guardianship is a way to help your loved ones get the care they need. An Evanston guardianship lawyer will help you through the process so you can relax and get started.

Directions to our Evanston, IL Law Firm:

From Skokie, IL:

  1. Head east on Dempster Street.
  2. Turn left onto Gross Point Road.
  3. Continue north; the destination will be on your right.

From Wilmette, IL:

  1. Drive south on Ridge Road.
  2. Turn right onto Old Orchard Road.
  3. Turn left onto Gross Point Road; the destination will be on your left.

From Interstate 94 (Edens Expressway):

  1. Take the Old Orchard Road exit and head east.
  2. Turn right onto Gross Point Road.
  3. Continue south; the destination will be on your left.

Expertise Best Child Support Lawyers in Chicago 201710 Best 2016 Client Satisfaction American Institute of Family Law AttorneysAvvo Clients' Choice 2016 DivorceRising Stars Kevin P. O'Flaherty SuperLawyers.com10 Best Law Firms 2018 Client Satisfaction American Institute of Family Legal Counsel Attorneys Estate Planning Law40 under forty

What to Expect From a Legal Consultation

The purpose of a consultation is to determine whether our firm is a good fit for your legal needs. Although we often discuss expected results and costs, our attorneys do not give legal advice unless and until you choose to retain us.

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Location

Office Address

2521 Gross Point Rd, Suite 222

Evanston, IL 60201

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Hours of Operation

Monday
9:00am - 6:00pm
Tuesday
9:00am - 6:00pm
Wednesday
9:00am - 6:00pm
Thursday
9:00am - 6:00pm
Friday
9:00am - 6:00pm
Saturday
Closed
Sunday
Closed

Attorneys

Meet the Owner

I am personally committed to ensuring that each one of our clients receives the highest level of client service from our team.  Our mission is to provide excellent legal work in a cost-effective manner while maintaining open lines of communication between our clients and their attorneys.  Many of our clients are going through difficult times in their lives when they reach out to us.  They should feel comfortable leaning on the experience and knowledge of our attorneys as their counselors and advocates.  We are here to help!

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- Attorney Kevin O'Flaherty, Owner

Check Out Articles and Videos from our Guardianship Lawyer Evanston

How to Get Temporary Guardianship of a Minor in Illinois

Illinois law accommodates certain forms of guardianship that bypass the courtroom, such as temporary guardianship by mutual consent and standby guardianship. Our article provides a clear roadmap of these legal alternatives, detailing the procedures, requirements, and the importance of ensuring the child’s protection during the process. Establishing guardianship involves filing a petition with a physician’s report, a court hearing to present evidence, the court assigning authority levels, and annual report submissions by the guardian. Read on to learn more about getting temporary or short-term guardianship of a minor in Illinois.    

Read more about How to Get Temporary Guardianship of a Minor in Illinois

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Serving As A Guardian For An Adult With Disabilities: Part One

It’s a big responsibility to be a guardian for a disabled adult who is 18 or older. You have been granted authority over any or all aspects of the person’s existence as a guardian. You must abide by the law, the guardianship order, and all other applicable court orders relating to your guardianship. When managing the ward’s affairs, you must behave in the best interests of the ward and prevent any conflict of interest or appearance of impropriety. When necessary, you are also required to seek out and depend on competent financial and legal assistance.  

Read more about Serving As A Guardian For An Adult With Disabilities: Part One

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