Many types of people need a legal guardian to look after their well-being for a variety of reasons when they are not considered able to manage their affairs. As defined by the state of Illinois, a legal guardian is “a person, institution or agency appointed by the probate court to manage the affairs of another, called the ‘ward.'”
If you are considering becoming a guardian for someone in your life, you will need the assistance of an experienced family law attorney with experience in guardianship. The attorneys at Levo-Donohoo, LLC, assist their Illinois clients with establishing the need for a guardian for loved ones, including appointment as that guardian. We know this is sometimes a difficult decision and an important responsibility.
Who Needs A Guardian?
When it comes to minors or persons under the age of 18, they may have a legal guardian of their choosing, or one appointed by the probate court, to help manage their affairs, including monetary, legal, educational, and other scenarios. Minors often become wards when their parents can no longer care for them for any number of reasons. Usually, a minor becomes able to handle their affairs following their 18th birthday. However, minors aren’t the only people that benefit from guardianship. A guardian may also be appointed for a person that experiences:
The Guardianship Process
Persons over the age of 18 may only be appointed a guardian by a circuit court due to some sort of mental or physical disability. The process for obtaining legal guardianship is as follows:
A report must be obtained and signed by a physician that outlines the nature of the disability, reasons for guardianship, and recommendations for living arrangements.
Legal representation is obtained to assist with the legal process of guardianship.
A guardian ad litem is appointed to advise the court on an individuals’ need for guardianship. It is the guardian ad litem’s responsibility to act only in the clients’ best interest.
Following the report, various documents must be prepared for court. These include a petition, rights notice, summons, notice to interested parties, order, oath, bond, statement, and order.
Following the completion of the correct court preparations, a hearing will be set where the process will move forward.
We understand that this may seem like an overwhelming process, but we are here to help. When you have questions about guardianship, you can rely on Levo-Donohoo, LLC, for answers.
Talk With Our Experienced Attorneys
Schedule your appointment today to talk with an experienced attorney regarding your guardianship case. You may call us at 618-414-8428 or reach out via email. We can meet with you in Troy or East Alton.