GUARDIANSHIP ADMINISTRATION IN ILLINOIS
Understanding What it Means to Act as a Guardian – Advising on Guardianship Administration and Powers.
If you are appointed as guardian to an incapacitated person, your role is very straightforward in that guardianship administration. As long as you report annually to the court, the court’s involvement in the guardianship administration is minimal. One year after being appointed guardian of a person, a written report must be provided to the court explaining the disabled adult’s well-being, called the “Annual Report.”
If you are appointed as guardian of the estate, your role is subject to more intense monitoring by the court. After you receive your official notice of appointment from the court, you will need to create an inventory of the disabled adult’s income and assets. This inventory must be presented to the judge within 60 days also requiring the guardian to create a budget for the year at times.
Additionally, for this type of guardianship, a bank account for the benefit of the disabled adult should be opened. Opening a specific account helps the guardian of the estate begin to document each and every transaction.
Each year, the guardian must submit an “accounting” that details any income the incapacitated person received. The accounting must also list in specific detail the expenses paid from the disabled adult’s funds. Remember it is important to keep all receipts throughout the year and keep excellent records.
GUARDIANSHIP ADMINISTRATION SERVICES
Our Illinois attorneys at Hays Firm LLC can provide the following guardianship administration services:
PREPARING THE ANNUAL REPORT
Our guardianship lawyers will help prepare the annual report advising the court on the incapacitated person’s well being.
PREPARING THE INVENTORY
Our attorneys will help prepare the guardian’s inventory of the real and personal estate of the ward.
PREPARING A BUDGET
We will help prepare a budget for the guardianship to report and account to the court.
PREPARING AN ANNUAL ACCOUNTING
We will help prepare the annual accounting that details any income received by the ward and expenses paid from the ward’s funds.
REPRESENTATION IN COURT FOR ALL HEARINGS RELATING TO THE ANNUAL REPORT
We will represent the guardian in court for all hearings related to the annual report that advises the court on the ward’s well being.
REPRESENTATION IN COURT FOR ALL HEARINGS RELATING TO THE INVENTORY & BUDGET
We will represent the guardian in court for all hearings relating to the inventory and budget and address any concerns the court may have regarding these documents.
REPRESENTATION IN COURT FOR ALL HEARINGS RELATING TO THE ANNUAL ACCOUNTING
Our attorneys will attend all hearings regarding the annual accounting.
SPECIAL NEEDS TRUSTS
We will set up trusts for a disabled adult family member with special needs and ensuring that a special needs trust is properly administered.
GUARDIANSHIP ADMINISTRATION SERVICES FAQ
WHAT ARE "LETTERS OF OFFICE"?
If the judge approves your petition to become guardian of a disabled or incapacitated adult, you are thereby appointed to be the guardian. Following this, you will receive by mail from the county clerk, your official Letters of Office. These “letters” are actually a single piece of paper with the clerk’s seal naming the type of guardianship granted, person or estate. Take great care with this document: You will need to make several copies, as it will be used to demonstrate your authority to act on behalf of the disabled adult.
WHO MAY ACT AS A GUARDIAN?
Any person at least 18 years of age who is of sound mind. A felony conviction may prohibit a person from acting as guardian, and disclosure of convictions of a felony or other serious crime must be presented to the court. If necessary, co-guardians may be appointed. Another option is to seek a separate guardian of the person and guardian of the estate. Apart from individuals, a private or government agency may serve as guardian for a disabled adult, and a bank may serve as guardian of the estate. The attorneys at Hays Firm LLC are devoted to help you and your loved ones determine who should be appointed as guardian and guide you through the process.
WHY NOT JUST A POWER OF ATTORNEY FOR MY LOVED ONE?
The downside of power of attorney documents is that the aged person still has control of and access to all their finances. Therefore, a vulnerable elderly person can still be persuaded to go to the bank and remove funds for his or her new “friend.” The elderly person can still write checks and add new account owners and beneficiaries. If a loved one is truly unable to manage their affairs and access to a checkbook could be problematic, then it may be necessary to initiate a legal proceeding requesting the Court to appoint a guardian of your loved one’s estate.
DO I HAVE TO GO TO COURT TO SUBMIT THE ANNUAL REPORT?
Some counties permit guardians to mail in their annual report, others require the guardian and the disabled adult to appear in court each year. As your elder law attorneys, Hays Firm LLC can help with city and county specific laws, always keeping in mind the delicate nature of your situation through this twelve-month process. Once the initial report has been submitted, the judge may only require the guardian to report once every two years. However, if the judge has concerns for the disabled adult’s well-being, he or she may re-appoint the guardian ad litem and request further information.
