A guardianship is a court proceeding giving an individual the legal authority to make medical and/or financial decisions on behalf of someone who is not able to make such decisions on their own. This proceeding is often used as part of a simple or complex estate plan involving families with minor children, disabled children (minor or adult), or aging adults that have become incapacitated and need a trusted person to watch over their affairs. Guardianships are complex legal proceedings, and should only be undertaken with the assistance of a skilled estate planning lawyer.
For over 50 years, Kinnally Flaherty Krentz Loran Hodge & Masur P.C. has established a rich tradition of integrity and exceptional advocacy that continues to this day. Our attorneys have in-depth experience helping clients with estates of all levels of complexity throughout Northern and Central Illinois. We provide skilled assistance with guardianships, wills and living wills, trusts, powers of attorney, and all other estate planning instruments. We understand that each circumstance is unique, and we take the time to analyze your specific circumstances thoroughly and craft a customized plan that most effectively accomplishes your goals.
There are two general types of guardianship which can be obtained through Illinois courts: guardian of the person and guardian of the estate. A personal guardian is appointed to make health care, social services, residential placement and other such decisions. An estate guardian is appointed to manage the finances/estate of an incapacitated individual. The court may choose to appoint one guardian to be in charge of everything (usually referred to as a plenary guardian) or they may appoint limited guardians with authority over only select areas based on individual needs (as determined by the court).
Temporary guardians may also be appointed by the court for a period of up to 60 days to provide immediate protection to a disabled/incapacitated individual until permanent guardianship is decided by a court proceeding. Any individual who is at least 18 years of age or older, is of sound mind and has no serious criminal convictions can serve as a guardian; this could be a family member, close friend, or whomever the court decides is best to serve in keeping with the best interests of the individual.
Guardianships are among the most complicated ways to appoint someone to look after the affairs of an individual. Because they involve the court, the proceeding is protracted and results can be unpredictable. In some cases, there are better alternatives to accomplishing your objectives including living wills, powers of attorney, and special needs trusts. However, before moving forward with any of these actions, it is important to speak with our experienced estate planning attorneys so you understand all your options. For a personal consultation, contact us today at 630-907-0909. From our offices in Aurora, IL, we provide skilled representation for estate planning guardianships in Naperville, St. Charles, Geneva, Sugar Grove, Kane County, Kendall County, Will County, DuPage County, Cook County, Chicago, and surrounding Northern Illinois communities.
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