There can be times in which parents are not able to care for their own children or adults have disabilities that do not allow them to care for themselves. These kinds of cases may require a guardianship appointment, and you will want to have an Illinois or Indiana guardianship lawyer to make sure that your guardianship request will get court approval.
You need to understand that there can be numerous complications to guardianship cases, especially when another party is contesting them. Whether the guardianship concerns a minor child for whom parents may want to challenge their loss of custody or adult guardianships in which multiple parties could disagree about the person most ideal for providing appropriate care, the bottom line remains that legal counsel will often be necessary.
Whereas the law generally presumes the parents of a child are capable of caring for a child’s needs, a person other than the parent pursuing guardianship in court will have to prove that the parents are unwilling and unable to care for the child, are voluntarily relinquishing physical custody of the child, are providing written consent to the guardianship, or are failing to object to the guardianship after being given proper notice. The guardianship ultimately has to be in the best interest of the child.
When an adult has a disability to the point that they can no longer manage their own affairs, a guardian appointment may become necessary. A party will have to file a petition with the court, and the petition has to include basic information about the disabled adult along with a description of their physical and mental capacity from a qualified medical professional.
A person may need the protection of a guardian when they are unable to reach and communicate responsible decisions about handling personal finances or managing basic necessities. In addition to children and people with disabilities, an elderly person could also be unable to recognize when to make a particular decision or know how to purchase food or seek medical care.
In the creation of guardianship, a court will make a determination of a disability. A probate court has several options as to the type of guardian to appoint depending on the needs of the individual who is found to have a disability, and the most appropriate guardian will depend on the specific facts on that person’s condition.
A court may appoint an individual, an institution, or an agency as a guardian. A bank can also be appointed the guardian of an estate, but it cannot be a guardian of the person.
There are specific qualifications for a person to claim the guardianship of an adult, which include:
If you need help with any kind of guardianship issue in Illinois or Indiana, you are going to want to work with an attorney to achieve the most favorable possible outcome. Spagnolo & Hoeksema, LLC, understands the tremendous complexity inherent to many of these cases, and we will take the time to make sure your abilities can be proven to a court’s satisfaction.
Our firm knows that there can be a number of challenges to guardianship requests, and we also know how to overcome them. You can call us or contact us online to take advantage of a free consultation so we will be able to take the time and really discuss all of the particulars of your case and outline the next best steps for you to take.
If you want an excellent lawyer that handles trusts, wills and etc., call Kristin Hoeksema. She is very knowledgeable and professional. When she handles a case you know you can relax because she goes above and beyond. I can’t say enough good things about her. She handled a case for me where the other lawyer told me I was entitled to nothing and now I am getting a percentage.
Our office has worked with Spagnolo & Hoeksema LLC on a number of matters. Their attorneys and staff are first rate and a joy to work with. I would highly recommend their office!
I highly recommend calling Kristy Hoeksema for all your legal needs. When I first contacted Kristy, she returned my calls in a timely manner and was very informative right off the bat! She not only explained everything in layman’s terms, she took care of my legal needs quickly and painlessly. Thanks Kristy!!
Spagnolo & Hoeksema, LLC has been a trusted and valuable partner for many years. They know the ins and outs of our businesses and provide us with the professional expertise that we require.
As business owners ourselves, we understand the
importance of cost-consciousness when seeking
legal services. Receiving the right legal
advice can serve as a valuable investment in the
interest of your business. By securing the help of
a knowledgeable attorney, you’re better equipped
for the road ahead. Contact our firm now to discuss
all facets of estate planning and business law.