Understanding Guardianships In Godfrey, Illinois
Are you concerned about a family member who may be unable to make responsible decisions regarding their personal care or finances due to a disability in Illinois?
At Farrell, Hamilton & Julian, P.C., we help families navigate the complexity of the estate planning process in Illinois. We understand the emotional challenges involved when seeking guardianship for a loved one and provide compassionate guidance through every step of the legal proceedings.
What Is Guardianship?
Guardianship is a court-created responsibility that becomes necessary when a person is unable to make or communicate responsible decisions regarding personal care or finances due to a mental, physical or developmental disability. Illinois has one of the most progressive guardianship laws in the United States, designed to provide statutory protection for disabled persons.
There are two primary types of guardianship. A “guardian of the person” is appointed when an individual cannot make responsible decisions regarding personal care. This guardian makes decisions about medical treatment, residential placement and social services. A “guardian of the estate” is appointed when a person is unable to manage financial affairs and makes decisions about the ward’s funds and assets.
The Illinois Probate Act allows courts to customize guardianship based on the individual’s capabilities. A “limited guardian” has the power to make only specific decisions that the court designates. A “plenary guardian” has broader authority to make all decisions about personal care and/or finances. In emergencies, a “temporary guardian” may be appointed for up to 60 days to provide immediate protection.
The Guardianship Process
The legal process to establish guardianship in Illinois involves multiple steps that must be followed precisely to protect the rights of all parties involved:
- Filing a petition
- Scheduling a hearing
- Providing notification
- Guardian ad litem appointment
- Evidence presentation
- Judicial determination
The complexity of this process underscores why professional legal guidance is essential when seeking guardianship for a loved one.
Plan Ahead With Farrell, Hamilton & Julian, P.C.
Do not wait until a crisis occurs to consider guardianship options for your loved one in Godfrey and across Illinois. Contact Farrell, Hamilton & Julian, P.C., online or call 618-208-0263 to schedule a consultation with our experienced guardianship lawyers.