If an adult becomes incapacitated and does not have a power of attorney in place for someone to take over their affairs, it can be necessary to initiate the guardianship process. However, this process can take time – especially if someone objects – and there might be the need for a guardian to be in place immediately. Discuss the possibility of an emergency guardianship with a guardianship lawyer in Illinois.
Generally speaking, the guardianship process takes time, which aims to protect the rights of the disabled or older adult who might become the ward of a guardian. In most cases, the person must be given 14 days’ notice in writing of a requested guardianship hearing. After 14 days, the court will hold a hearing and decide whether or not to appoint a guardian.
What if you do not have 14 days? What if there is the chance that the person will be subject to harm if a guardian does not take over immediately? In these situations, the court can appoint a temporary guardian prior to holding a hearing. Temporary guardianship does not require a 14-day notice, but can take effect right away.
Temporary guardianship is appropriate when the court believes it is necessary for the immediate protection of the person’s safety and welfare, or the welfare of their estate. Often, this aims to protect an adult from neglect, financial exploitation, or other forms of elder abuse. Once a hearing is held, the court can determine whether the appointment of a lasting guardian is justified.
Discuss Your Options with a Guardianship Lawyer in Illinois
At the law office of Illinois guardianship attorney Charles T. Newland, we represent parties on all sides of guardianship matters. If you have an emergency guardianship situation or non-emergency concerns, please feel free to contact us online or call 847.797.9300 for a consultation today.