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Hernandez Hoag Legal Solutions, LLC

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Kane County Family Guardianship Attorney

aurora guardianship lawyer

Caring Geneva IL Lawyer Serving St. Charles, Aurora, Batavia, and Surrounding Areas

Guardianship is the legal process by which a court appoints a representative to make personal, financial, and/or health care decisions for a minor child, a disabled adult, or an adult who is, or has become incapacitated due to a mental illness (such as dementia), from an accident, or due to disabilities they were born with (such as down’s syndrome or autism).

Guardianship may become necessary in families when a parent is unable to care for a child, or when a disabled or older person cannot effectively manage their own personal, health related, or financial needs. A guardianship order provides the legal authority necessary for the guardian to act on behalf of their loved one. Once a person has been appointed as a guardian their authority/duties may include, but are not limited to the following:

  • Obtaining medical care on behalf of their ward
  • Obtaining education for a child ward
  • Managing the financial estate of their ward
  • Acting in their ward’s best interests

Being in a position of taking on the added responsibility of a loved one can be stressful. Fortunately, a skilled legal representative can help you ensure that the appropriate legal steps are taken should it become necessary. The experienced team at Hernandez Hoag Legal Solutions, LLC understands guardianship and can assist you with obtaining guardianship for a related child or adult in Kane County. We compassionately advocate in the best interest of the parties involved.

How a Skilled Family Law Attorney Can Help

There are many ways in which a knowledgeable attorney can assist individuals who require the appointment of a guardian. A lawyer can help throughout the guardianship process by:

  • Initiating petitions for guardianship of the minor child or incapacitated person
  • Acting as counsel in hearings regarding who should be appointed as the guardian
  • Providing assistance when the incapacitated individual has objections to the appointment of a guardian
  • Taking action against guardians who are behaving inappropriately
  • Keeping financial records on behalf of a court-appointed guardian

Types of Guardianships in Illinois

There are two main types of guardianship in the State of Illinois: guardianship of a person and guardianship of an estate. A personal guardian oversees the well-being of an incapacitated person, while an estate guardian is appointed to manage the finances and property of an incapacitated individual. One person may be appointed as a guardian of both the disabled individual and estate or these functions may be split between two different people. Guardianship can also be temporary or permanent in nature based on the circumstances.

The Guardianship of Minors

Family members and other parties may find themselves in a position in which they are caring for another person’s child. Even when the parties agree that it is necessary for the child to be in the care of a trusted family member, there are steps that need to be initiated in order to obtain a court order for guardianship over a minor. In Kane County, guardianship cases involving minors are heard in probate court. This type of guardianship is appropriate when the minor’s parent is unable to provide daily care and/or to make decisions regarding the child’s daily care due to the death, absence, incapacitation, or imprisonment of the parent. Once legal guardianship is in place, the guardian may be required to report periodically to the court on the child’s condition and well-being.

How Guardianship Is Initiated

To begin the guardianship process, a petition must be filed in the county of residence of the minor or disabled adult. A court will then review this petition to determine whether the state requirements for a guardian are needed and met. The specifics that an individual petitioning for guardianship must demonstrate include the following:

  • United States citizenship
  • 18 years of age or older
  • Mentally competent
  • No prior criminal record of a felony conviction (with exceptions)

There are some common patterns regarding who is selected to act as a guardian. For example, family members, such as grandparents or siblings, are often preferred over unrelated individuals. Other influential factors include location, the relationships of the child or disabled person, who the incapacitated person trusts, and whether the guardian would have a sufficient amount of time to devote to the individual.

Contact a Kane County Guardianship Lawyer

Our law firm understands how to best aid families in times of transition and can assist with a situation requiring a legal guardianship order. We are dedicated to resolving familial legal matters in the most peaceful and efficient manner possible. Contact Hernandez Hoag Legal Solutions, LLC today to receive compassionate assistance with your family’s legal needs. Call our St. Charles, Illinois, office at 630-888-0017. We serve clients throughout Kane County, including but not limited to the cities of Geneva, Elgin, Batavia, and Aurora.

9.2Rachel Nicole Hernandez Kane County Bar Association Illinois State Bar Association NIU
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