Why You Need a Guardianship Attorney

When a loved one can no longer care for themselves due to age or illness, a good Guardianship Attorney can help. The goal of guardianship is to allow an individual (the “Ward”) to live safely and comfortably while maintaining as much of their independence as possible.

The responsibilities of the guardian include health care, estate management, personal affairs and finances. They also have a duty to visit the ward on a regular basis and ensure their safety and well-being. A specialized type of guardianship is used for minor children and adults with disabilities. The Guardianship process is a lengthy and time-consuming endeavor, and an experienced lawyer can help you navigate the complex legal system.

Often, a family member steps forward to become the guardian of a disabled relative. However, just because someone wants to be your child’s guardian does not mean that the court will agree. The Court will examine the facts of the case and make a determination that the role of guardian is appropriate. The court will also consider the wishes of the disabled person, if they are able to communicate them.

When an individual is incapable of managing their own affairs, a court-appointed guardian will manage their personal and financial assets. This includes collecting and investing their assets, paying bills, assisting in living arrangements and arranging for medical treatment. A Guardianship can be terminated at any time if it is no longer needed, or if the guardian is not meeting their duties and obligations.

A Chicago Guardianship Attorney can assist with a variety of issues related to guardianship proceedings, from obtaining a letter from the physician to petitioning the court for a Guardianship. During the petitioning process, a judge will hold a hearing and will decide whether you are qualified to be the guardian of the ward, how long you will be the guardian and what your duties will be.

If the Proposed Ward objects to the Guardianship, or if there is concern that the proposed guardian is unfit for the role, the Court will appoint an attorney ad litem to investigate the matter and write a report to be submitted to the Court. The ad litem’s qualifications vary from state to state, and can range from no experience or training to social workers to attorneys.

A good Guardianship Attorney can guide you through the legal system and ensure that your rights are protected. If you are facing a situation where you need to take action, contact Davis and Associates and schedule an appointment with one of our guardianship lawyers in Chicago. We can explain your legal options and represent you in court if necessary.

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