Providing the best care for aging individuals and disabled children is an important role to play in life. When family members are unable to care for themselves, it is often necessary to take legal action to protect the individual’s health and finances. In such cases, a Chicago Guardianship Attorney is needed. A legal guardian is the person appointed by a court to manage an incapacitated person’s affairs, personal needs, and property management. A guardian can be an adult or child.
The process of obtaining a legal guardian can vary between states. The process typically involves filing a petition with the court and presenting evidence, such as medical records, that demonstrate the need for a guardian. A lawyer can help you gather this information and prepare it for the court hearing. In some cases, a judge will appoint the proposed guardian based on the evidence presented.
In other cases, a judge may choose not to grant a guardianship or only grant partial or temporary guardianship. If the court decides to appoint a guardian, it will also issue letters of guardianship. A lawyer can help you understand the process and provide legal advice throughout the proceedings.
Guardianships can be terminated by the ward’s consent, by the guardian’s death, or by a court order. The termination process is more complicated, requiring legal documents to be filed with the court including a petition to terminate and/or citation (if the subject of the guardianship is living) or notice (if the subject is deceased). A lawyer can help you collect the necessary documentation and prepare it for the court hearing.
A lawyer can help you determine which type of guardianship you want to pursue, whether it is personal or property. A lawyer can also help you understand the rights of the ward and how to advocate for them. A lawyer can also help you comply with the Court’s rules and procedures during the proceedings.
When seeking guardianship, it is generally preferred for the courts to appoint family members as the guardian. A lawyer can assist in preparing the petition and working to show that you are the best choice for the ward. In some cases, the ward may have a different opinion and can hire their own attorney to represent them in the case. A lawyer can help you communicate with the ward’s attorneys to ensure that the views of all parties are considered.
If the alleged ward has no legal representation or opposes the petition for guardianship, the Court will appoint a Guardian ad Litem to assess the situation and make recommendations to the Court. A lawyer can help the Guardian ad Litem or the ward’s attorney prepare the legal documents for the court to ensure that they are served correctly and that all parties receive their copies of the papers. If you are interested in hiring a guardianship attorney, contact us at Zimmet Law Group to schedule an appointment. Our established elder law practice can assist you in developing a plan for the future of your loved ones.
