Joliet Guardianship Attorney
Family Law and Estate Planning Lawyers in Will County
Sometimes our loved ones need help. The Davi Law Group helps those seeking to establish a guardianship for loved ones who are legally incapacitated or too young to care for themselves. Whether dealing with a family law matter or developing an estate plan, our attorneys have the knowledge and experience to guide the process and answer your questions. We can help you explore all available options for guardianship in Illinois.
Understanding How Guardianship Works in Illinois
A guardian may be appointed by a court to care for a developmentally disabled person or a minor child. The person to receive the guardian is referred to as the ward. To initiate a guardianship, a petition must be filed in the county where the ward resides. Guardians may be sought when handling estate planning, as well as in family law situations. Beyond the initial petition, there are several required legal documents to pursue the guardianship. Some of those documents include a rights notice, summons, notice to interested parties, oath, and bond.
No matter what type of guardianship arrangement is needed, we can help you define and seek the proper setup for your loved one. While some opt to handle this process without an attorney, it is important to note that there is a great deal of paperwork and stringent processes to follow. Working with attorneys who have longtime experience handling such issues will work in your favor to produce timely results and ensure adherence to legal protocols.
Guardianship for Minor Children in Joliet
A guardian ad litem (GAL) can be appointed by the court in the county where the child lives to provide a recommendation for guardianship. The GAL will examine the needs of the child and advise the court of the ideal situation that is in the best interest of the child.
The Probate Act of 1975 defines those who may serve as guardians, how guardians are appointed, and the duties of a guardian for minors. Some common types of guardianship for minors include:
- Short-term Guardian – When emergent needs arise, it is possible to obtain a temporary guardianship as soon as the same day of the petition.
- Standby Guardian – A person who assumes guardianship when certain conditions are met, such as the death of a child’s parents or current guardian.
Becoming a Guardian for a Disabled Adult
A person must no longer be able to make decisions to be eligible for guardianship. Age and mental state do not denote incapacitation. An assessment must be made to determine the depth of understanding of basic decisions, options and consequences of actions. When a person can no longer make decisions about when to seek medical attention or how to buy food, these are strong indicators that additional help is needed. Our attorneys will advise you on the steps in the process, as well as help you respond to an unfounded attempt to establish guardianship and terminate an unnecessary guardianship.
Terminating a Guardianship
Sometimes guardianship is a temporary matter. You may have agreed to a guardianship for your minor child or a disabled adult during a period when you were not able to care for them, but once you are able to resume your responsibilities, you may not know how to terminate the arrangement. If you did not set up a short-term guardianship with a set period of termination, you may have the burden of proving why you should resume your responsibilities. In the case of minor children, the courts will consider the best interest of the child and consider the impact of the change to render a decision. We can advise you before, during and at the conclusion of a guardianship so that you will make the best decision for your family.
If you need assistance initiating or contesting guardianship in Will County, please contact us at to schedule an initial honest assessment of your family related matter and let us explain our approach at no charge, which has an approximate value of $325.00. Our firm has the knowledge and experience to fully represent you in any guardianship matter. Please make your appointment at our Joliet, Illinois office today. We look forward to speaking with you.