If you have a loved one who is struggling to care for themselves, it can be a difficult situation. In addition, if they do not have a power of attorney in place, how can someone step in and take over their affairs? In Illinois, seeking guardianship might be the right option.
What is Guardianship?
There are two types of guardianships – guardianship of the person and guardianship of the estate. Guardianship of the person means that someone is appointed to make decisions regarding the ward’s medical care, personal care, living situation, and more. Guardianship of the estate means that someone is appointed to handle the ward’s financial affairs.
How Do You Obtain Guardianship?
In order to become a guardian, you must meet the following criteria to become a guardian:
- Be 18 years of age
- Not have serious criminal convictions
- Is of sound mind
- Is deemed an acceptable choice by the court
Once you file for guardianship, the court has to find that you are an acceptable guardian, and also that a guardianship is necessary. Just because someone has a disability does not automatically mean that they need a guardian. Instead, they must not be able to sufficiently participate in the process of making decisions for their lives.
In some cases, other people might challenge the need for a guardianship or the choice of you as a guardian. You might have to defend your claim against such challenges before the court grants the guardianship.
Contact a Guardianship Lawyer in Illinois for Help
At the law office of Charles T. Newland, our Illinois guardianship attorney helps clients seeking guardianship, as well as challenging a guardianship. If you believe you might have a potential guardianship case, it is important to have the right legal representation. Contact us online or call 847.797.9300 to learn how we can help with your case.