Best Guardianship Lawyers in Chicago

About Guardianship Law in Chicago, United States

Guardianship is a legal process where a court appoints someone to make decisions for a person who is unable to make decisions for themselves. In Chicago, United States, guardianship falls under state law and is governed by the Illinois Guardianship and Advocacy Commission.

Why You May Need a Lawyer

You may need a lawyer to help you establish guardianship for a loved one who is unable to care for themselves, to contest a guardianship appointment, or to navigate the legal requirements and complexities of guardianship in Chicago.

Local Laws Overview

In Chicago, guardianship laws are based on the Illinois Probate Act and can be filed in the Circuit Court of Cook County. Key aspects of local laws include determining the need for guardianship through medical evaluations, filing a petition for guardianship, and attending court hearings to establish guardianship.

Frequently Asked Questions

1. Who can be appointed as a guardian?

Any competent adult over the age of 18 can be appointed as a guardian, including family members, friends, or professionals.

2. What are the responsibilities of a guardian?

A guardian is responsible for making decisions regarding the personal, financial, and medical well-being of the incapacitated person.

3. How long does guardianship last?

Guardianship can be temporary or permanent, depending on the needs and circumstances of the incapacitated person.

4. How can guardianship be contested?

Guardianship can be contested by filing a petition with the court, providing evidence of the incapacity of the proposed ward, and demonstrating that the appointment is not in the best interest of the ward.

5. What are the costs associated with guardianship?

The costs of guardianship include court fees, attorney fees, and ongoing expenses related to the care of the incapacitated person.

6. Can a guardian be removed or replaced?

A guardian can be removed or replaced if they are found to be unfit, neglectful, or abusive towards the incapacitated person.

7. How can a guardianship be terminated?

Guardianship can be terminated by the court if the incapacitated person regains capacity or if the need for guardianship no longer exists.

8. What is the difference between guardianship and power of attorney?

Guardianship is court-appointed and gives the guardian broader authority over the ward, while power of attorney is a legal document that grants someone the authority to make decisions on behalf of another person.

9. Can guardianship be established for minors?

Yes, guardianship can be established for minors who need a temporary or permanent guardian to make decisions on their behalf.

10. How can I find a reputable guardianship lawyer in Chicago?

You can find a reputable guardianship lawyer in Chicago by asking for recommendations from friends or family, contacting the Illinois State Bar Association for referrals, or conducting online research to find experienced attorneys in guardianship law.

Additional Resources

For more information on guardianship in Chicago, you can contact the Illinois Guardianship and Advocacy Commission or visit the Circuit Court of Cook County website for forms and resources related to guardianship.

Next Steps

If you are in need of legal assistance with guardianship in Chicago, it is recommended to consult with a qualified guardianship lawyer who can guide you through the process and represent your interests in court proceedings.