Guardianship

Kevin Rosner is experienced in helping clients with guardianship issues. Illinois law allows a guardian to be appointed for several different reasons. A legal guardian has the same responsibilities as a child’s natural parent.

There are 4 types of guardians:

• A “Permanent Legal Guardian” is responsible to feed, clothe, house and educate the child.
• A “Guardian Ad Litem” (GAL) is someone who the judge appoints to investigate the facts of the case.
• A “Standby Guardian” is appointed when a parent or guardian names the person who they want to care for the children
• if the parent dies or becomes permanently unable to care for the children.
• A “Short-Term Guardian” is a someone appointed by a parent or guardian to care for their child for 365 days or less.

To become a child’s guardian you must:

• Be at least 18 years old
• Be a U.S. resident
• Be of “sound mind,” meaning logical or stable
• Not be found “disabled” by the court

If a judge appoints an individual to act as legal guardian of a minor or disabled person, that individual must act in the best interests of those in their care, also known as their wards. A guardian’s court-mandated responsibility for a ward can include:

• Deciding where the ward will live.
• Providing for the ward’s support, care, comfort, health and maintenance in an educational system.
• Proving that the ward gets medical, dental, grooming and other professional services.
• If also appointed guardian of the estate, managing the ward’s property.

The road to guardianship is often fraught with legal complexities. Anyone may petition the Probate Court to initiate guardianship for a disabled person. There are two common types of guardianship: person guardianship and estate guardianship. A guardian of the person will be appointed by the court if the court determines an individual cannot make or communicate informed decisions about medical treatment, residential placement or social needs. A guardian of the estate will be appointed by the court if the court determines an individual cannot make or communicate informed decisions regarding his or her finances.

The alleged disabled person has the right to respond to the petition and a guardian ad litem will be appointed by the court to act as the court’s agent in this matter. This individual will contact the alleged disabled person and report independently to the court whether or not the person in question wishes to contest the petition.

For the guardianship of a minor, those matters are usually determined outside of the probate court guardianship proceedings. A person, not always the minor’s parent, can be appointed the guardian of a minor until the minor turns 18. A petition must be filed in court that identifies the child, the child’s parents and siblings, the proposed guardian, the child’s financial circumstances and the reasons why a guardianship is being requested. Should you want to seek guardianship of a minor child, the law offices of Kevin M. Rosner can help you make the case for your vested interest in providing that child with a sense of security and a permanent home, thereby enabling them to live a happy, healthy and productive life.

Guardianships are expensive and represent an ongoing commitment. Guardians must present to the court an inventory of the ward’s assets as of the beginning of the guardianship and continue to update the court yearly, as well as obtain a court order authorizing each expenditure on behalf of their ward.

In some cases an adult can avoid having a guardian appointed for them if they give an individual they trust power of attorney for health care and property management in the event of their disability. A trust may also be established to ensure that a competent trustee is handling a disabled person’s assets.

Whatever juncture you may find yourself at in the guardianship process, Kevin M. Rosner is here to help. He can provide trusted, reliable counsel on the best way to secure guardianship of a disabled or minor person and in turn, ensure their best interests are being looked after carefully. Contact us now for a free consultation!