Estate Planning Attorney in Chicago – Guardianship and Conservatorship
Helping friends and family in their time of need is a fundamental Illinois value. But when a family member becomes sick or is seriously injured, and that member is no longer able to take care of his/her own affairs, then you may need to step in and take on a legal guardianship role. Often, guardianship and conservatorship remain as the best possible solutions for when a family member becomes mentally or physically incapacitated. Guardianship is also an essential legal tool for helping children who are not of legal age to make their own decisions.
If you need to take on guardianship and conservatorship duties, it is essential to understand all of the Illinois laws and legal processes. Fortunately, with the help of a Chicago estate planning attorney experienced in guardianship and conservatorship cases, you can make this entire process much more simple and straightforward. At James C. Provenza & Associates, P.C., we’ve helped many individuals in the Chicago region with their guardianship legal issues, and we have the knowledge of state law and the legal processes to help you too.
To get started on your guardianship issue, contact our Chicago law firm today. In the meantime, you can find more information about guardianship and conservatorship below.
Overview of Guardianship and Conservatorship in Illinois
When a person is unable to fully handle his/her own affairs, he/she may have troubles with making decisions regarding his/her physical welfare and his/her financial matters. According to the Probate Act of 1975, Illinois courts can appoint a guardian to take personal care of the welfare of the incapacitated person. The guardian can be a person or an entity, such as a bank trust, for example. In general, the guardian can make decisions such as living arrangements, education, social activities, and more.
As a legal definition, conservatorship is a little different. For the most part, conservatorship involves the appointment of an individual who manages the financial affairs of an incapacitated person (either a minor or a person unable to handle his/her financial affairs). The conservator (the appointed individual) has no power over the incapacitated person’s personal matters; he/she is solely responsible for managing the incapacitated person’s financial affairs.
What Processes are Involved
Setting guardianship and conservatorship in Illinois requires several legal documents, starting with a petition to the court. Following the petition, an Illinois court usually conducts an assessment to make sure that the incapacitated person is, in fact, unable to manage his/her personal or financial matters. If the court concludes that the person is incapacitated, it will declare that person a ward.
The court then nominates a guardian or conservator based on a wide range of criteria, from the relationship between guardian and ward to the amount of time the guardian has to devote to the ward. Furthermore, the court will continue to periodically supervise the guardianship or conservatorship to make sure that the guardian is performing his/her duties.
Contact James C. Provenza & Associates, P.C. Today
Although the process may seem fairly simple, there are many guardianship and conservatorship issues that could require the help of a prominent and experienced estate planning attorney. We at James C. Provenza & Associates will work with you to determine the best course of action for either guardianship or conservatorship. Additionally, we can help set up a power of attorney as well, which is a popular option if you want to avoid some of the restrictions associated with guardianship in Illinois.
To begin establishing your guardianship or conservatorship, call Chicago estate planning attorney James C. Provenza today at (847) 729-3939.
