Who Is Guardianship For?
Guardianship is meant to be a way for an individual to step in and help a person who doesn’t have the legal capacity to make their own decisions. Those who need guardians are often mentally incapacitated adults or minor children. Guardianship is a duty that a person chooses to take on, but it comes with many responsibilities that they may not understand.
My name is Alicia J. Downs. At , I work for my clients in all areas of probate law and help people who are seeking information about guardianship get answers. In Illinois, guardianships are handled in probate court but are usually a family issue. You need to know the right questions to ask and the right way forward.
Pursuing Guardianship Can Take Time
People across the St. Louis Metro East turn to me to get help with their guardianship petitions because of my reputation as a thorough and attentive attorney. Guardianship is a complex area of the law, and there are important questions you must answer before moving forward, such as the following:
- What kind of guardianship is needed?: There are several types of guardianship, including guardianship over the person, the estate or both.
- How long is guardianship needed?: If the need is for an incapacitated adult, then it can be permanent. If it’s for a child, then it will only be necessary until that child reaches adulthood.
- Why is the guardianship necessary?: Did the previous guardian die? Is the child or incapacitated adult in danger? Is the parent incapacitated or did a parent pass away?
It is important to note that if you are seeking guardianship over a minor child, then the parents of the child must be incapacitated or unable to care for their child in some way, or deceased before moving forward. If you are successful in your petition, then you will have immense control over the other person, but that also means that you can be held accountable for mistakes or harm.
Make A Plan. Find The Right Way Forward.
Reach out to me to learn more about Illinois’ guardianship laws. It’s not a simple process, and you may face obstacles that you never expected. As your lawyer, I will be with you throughout the process, offering advice and listening to your concerns. Call or send me an email to get started.