When we think of the term guardianship, we most often think of those who step up to provide care and safety of minors. However, guardianship also involves the care of adults who can no longer care for themselves, whether due to age, mental incapacity, or other circumstances.
Whether you’ve been asked to act as the guardian of a child or adult loved one, or if you are seeking a guardianship for someone you care about, the process is extremely emotional and often confusing.
The help of a trusted guardianship attorney is essential for successfully navigating the guardianship process and ensuring your loved ones receive proper care and protection. You may already be asking yourself “how do I find the best guardianship lawyer near me?”
At Hays Firm, we serve the Chicago area as guardianship attorneys and legal experts, answering our client’s most essential questions and guiding them through the guardianship process.
Today, we’ll provide an overview of the guardianship process, what to look for in a guardianship legal expert, and how to find the best guardianship lawyer near you.
What is Guardianship?
Let’s begin by examining what guardianship is.
A guardianship is a court-ordered legal arrangement made when an individual is unable or incapable of managing their own affairs or making decisions on their own behalf.
The person who takes on the responsibility of caring for the individual is known as the guardian, with the individual under guardianship known as the ward.
In order for a guardianship to be arranged, a petition for guardianship must be submitted to the court. The court will then conduct legal proceedings to determine whether or not the individual is sufficiently incapacitated to require guardianship, or in the case of a minor, that their parents are unable to provide an adequate level of care.
Who Can be Subjected to Guardianship?
It’s common to assume that guardianships only apply to children. However guardianships may be arranged for:
- Minors – Children under the age of 18 whose parents are deceased, incapacitated, or are no longer able or willing to care for them.
- Adults with Developmental Disabilities – An adult who suffers from severe developmental disabilities that prevent them from making safe and sound decisions.
- Adults with Mental Illness – Adults with severe mental health conditions that affect their capacity for self care or to make sound judgements.
- Adults with Severe Physical Disabilities – In some cases adults with severe physical limitations may require a guardian to help if their cognitive abilities are also affected.
- Elderly Individuals with Incapacity – Elderly adults who are suffering from significant decline such as dementia or other conditions that affect their cognitive abilities.
The process of guardianship is intended for the protection of the ward, and in the case of an adult ward, to protect their property and assets from fraud or undue influence as well.
Guardianship does considerably restrict the rights of the ward, and is therefore a serious legal arrangement that is not entered into lightly.
Only when deemed absolutely necessary may a guardian be appointed by the court. The guardian is then given the legal responsibility to hold decision making power for the ward.
Who Can Be Appointed as a Guardian?
In many cases, family members and other relatives are the most likely candidates to become guardians. Spouses are often tasked as guardians for incapacitated adults, as are adult children and even parents if the incapacitated person is already an adult.
While there are few hard and fast rules about who may be appointed as a guardian some basic requirements include:
- Age of majority – Must be an adult, usually 18 or older.
- Sound Mind – Must be mentally competent and able to understand the duties of guardianship.
- Financial Stability – Able to manage their own affairs and the wards without hardship or risk to the ward’s estate.
- No Felony Convictions – Guardians may be disqualified from the role if they have a significant criminal history.
- Willingness to Act in the Best Interest of the Ward – A court cannot force someone to become a guardian, they must willingly choose to accept responsibility for the ward.
Forms of Guardianship
Guardianship comes in several different forms, and can be tailored to suit the specific needs and limitations of the ward.
Some of the most common forms of guardianship include:
- Guardianship of the Person – In this form, the guardian has the authority to make decisions regarding the wards living arrangements, medical and mental health treatments, daily activities, social interactions, and education.
- Guardianship of the Estate – Also known as conservatorship, here the guardian is responsible for managing the financial affairs of the ward including property and assets, paying bills, and making other financial decisions.
- Temporary Guardianship – If a ward is unable to care for themselves for only a limited period of time, such as in the case of hospitalization, a temporary guardian may be appointed.
- Limited Guardianship – Limited guardianship gives authority over a specific area of an individual’s life, such as finances, while the ward retains authority in other areas, such as healthcare decisions.
- Full Guardianship – Full guardianship gives full authority to the guardian to make all decisions for the ward, including financial, healthcare, and living arrangements.
- Guardian ad Litem – When a child or incapacitated adult requires someone to represent their interests in a legal proceeding, a guardian ad litem may be appointed temporarily, and only with respect to the specific case.
With so many considerations to establish guardianship, working with a trusted guardianship attorney is highly advantageous, and in some cases, essential.
The Role of a Guardianship Attorney
Now that we understand what a guardian does, when they might be needed, and the different forms of guardianship, you may be wondering why you would need to hire a guardianship attorney?
First and foremost, the appointment of a guardian is a serious legal process that requires the formality of court procedures, beginning with submitting a petition for guardianship to the court.
A trusted guardianship attorney can help you assess the need for a guardian, gather crucial evidence, and manage the necessary paperwork and documentation to demonstrate to the court that a guardianship is warranted.
For those without significant legal expertise (i.e. most of us), the help of a guardianship legal expert is essential to navigating these complex legal issues.
By working with a trusted guardianship attorney, you can get experienced legal help in matters such as:
- Reviewing Estate Planning Documents – A careful review of estate planning and power of attorney documents will determine if a guardianship proceeding is necessary or can be avoided.
- Determining the Type of Guardianship – If guardianship is necessary, guardianship legal experts will determine the appropriate type of guardianship for your specific situation.
- Preparing Necessary Documents – A guardianship attorney will prepare the necessary documents, including petitions and affidavits, needed to begin and see through the guardianship process.
- Protecting a Disabled Adult – Disabled adults are often the victims of financial exploitation. A guardianship attorney can help protect these individuals by establishing guardianship.
- Challenging a Guardianship – Likewise, if someone believes that establishing a guardianship is not in the best interest of the individual, or if the selected individual is unsuitable, the guardianship can be contested.
How to Find the Best Guardianship Attorney Near Me
Lastly, if you may be wondering how to go about finding the best guardianship attorney near you. Hiring a guardianship attorney is not an inconsequential decision – who you select will make a significant difference in navigating the guardianship process.
Here are five key qualities and considerations when searching for the best guardianship attorney near you:
- Specialization in Guardianship Law – There are many different legal specializations, but choosing an attorney whose primary experience is in guardianship law, elder law, or estate and probate is key. These legal professionals will have a deeper understanding of the law, and the relevant experience to create a smooth process for you.
- Familiarity with Local Law – Working with a guardianship attorney based in your local area is advantageous, as they are familiar with local courts, judges, and rules in your area, making it easier to navigate the process. Hays Firm has been a leading provider of guardianship attorney services in Chicago since 2008, and has extensive local experience.
- Strong Reputation – Perhaps a friend or family member knows a trusted guardianship attorney who they can recommend. Online review platforms are another great way to find reputable lawyers in your area.
- Communication and Availability – A quality guardianship attorney must be able to explain a complex legal situation in an easy to understand way. They should also be responsive to your calls and questions, and not disappear for days or weeks at a time.
- Fees and Costs – F inding an affordable guardianship attorney shouldn’t be an impossibility. Some may charge by the hour, some may charge a flat fee, but always discuss their fee structure up front during your initial guardianship attorney consultation to get a solid understanding of the costs, and ensure their services align with your budget.
Hays Firm: Chicago’s Most Trusted Guardianship Attorneys
Guardianship is a complex and serious legal process that should only be undertaken when absolutely necessary to safeguard an individual who is otherwise incapable of caring for themselves.
Navigating the guardianship process alone can create unnecessary headaches, but help is available. When searching for the best guardianship attorney near you, look for one with extensive experience in guardianship law, a reputation for quality work, knowledge of local laws, and strong communication skills.
At Hays Firm, we go above and beyond to provide our clients with these qualities, while remaining an affordable guardianship attorney for those in the Chicago area.
Whether you’re seeking a guardianship for a loved one, or if you’ve been tasked with becoming a guardian, contact Hays Firm for a guardianship attorney consultation.
We can answer your questions and help you navigate the guardianship process with commitment and dedication to protecting the rights and best interests of your loved ones.
Contact Hays Firm today to discuss your specific needs, and let us help you provide your family with the care they need.
**Disclaimer**
This content of this blog is for general informational purposes only, and does not constitute legal advice. Please consult with a qualified attorney or lawyer for advice specific to your situation.
