Chicagoland Guardianship Lawyers

Guardianship refers to the legal process in the court system that protects individuals who cannot manage their own affairs. The court can appoint an individual to act as a guardian to safeguard and manage the assets of an incapacitated person or minor and make decisions about that person’s health and welfare.

If you need assistance with caring for a loved one or help with managing their affairs, you will want to make sure you are working with a knowledgeable guardianship lawyer. Spagnolo & Hoeksema, LLC, assists clients with guardianship matters in Indiana.

Guardianships in Illinois

Guardianship is the legal term referring to the legal right to make decisions for someone else as a result of legal incapacity. The Illinois Probate Act gives courts the flexibility to tailor guardianship to meet the needs and capabilities of an incapacitated person. Depending on the decision-making capacity of a disabled person, the court may appoint the following types of Illinois guardianship.

  • Limited Guardian — A limited guardian is appointed when a child or disabled person can make some financial or personal decisions – but not all.
  • Plenary Guardian — A plenary guardianship applies when a person’s mental, physical, and adaptive limitations necessitate a guardian with the power to make all important decisions regarding the child or disabled person’s personal care and finances.
  • Temporary Guardian — Temporary guardianship in Illinois can last no longer than 60 days and is a means to ensure that a child or alleged disabled person receives immediate protection. The Probate Act allows courts to appoint temporary guardians only as short-term remedies when clear harm or emergency exists.
  • Guardianship of the Person — This applies to a person who lacks sufficient understanding or the capacity to make or communicate responsible decisions regarding their care. The guardian of the person will make decisions regarding the support, care, comfort, health, education, maintenance, and professional services such as educational, vocational, habilitation, treatment, and medical services.
  • Guardianship of the Estate — Applies to a person who cannot manage their estate or financial affairs. A guardian of the estate will make decisions about the management of an incapacitated person’s property and finances.
  • Successor Guardianship — This applies in cases of death, disability, or resignation of initially appointed guardians when guardianship will still be necessary.
  • Testamentary Guardianship — Applies to parents of a person with disabilities and designates by will a person who assumes the guardianship appointment upon the death of a parent. A court still has to appoint the chosen person before they can serve as the guardian.

If you are in a situation in Illinois that you believe requires a guardianship case, you should seek legal help immediately.

Guardianships in Indiana

In guardianship cases in Indiana, a court will appoint a person or entity as a fiduciary to protect and manage the person and/or property of an incapacitated person or a minor. A probate court typically has exclusive original jurisdiction over the guardian and protective proceedings. The different types of guardianships in Indiana include:

  • Limited Guardianship — Limited guardianship allows a probate court to appoint someone as a guardian over certain aspects of a person’s life when they are determined by the court to be incompetent and there is a need. This means that there might be a limited guardian who manages medical purposes only, placement purposes only, or the limited purpose of approving behavior plans and/or certain medications.
  • Temporary Guardianship — Under Indiana state law, a temporary guardian can be appointed for a period not to exceed 90 days when there was no appointment of a guardian for a protected person, an emergency exists, the welfare of the protected person requires immediate action, and no other person appears to have authority to act in the circumstances. When there needs to be an appointment of a guardian for a period in excess of 90 days, then there will need to be an appointment of a permanent guardian.

Call Us Today to Schedule a Free Consultation with an Illinois and Indiana Guardianship Lawyer

When you are dealing with any kind of guardianship issue in Illinois or Indiana, you are going to want to retain legal counsel. Each state is different, and an experienced Illinois and Indiana law firm can help ensure that you are able to meet all of your needs in relation to guardianship matters.

Spagnolo & Hoeksema, LLC, handles guardianship matters in Indiana. Feel free to call us or contact us online so you can set up a free consultation, and we will be able to take a better look at your situation and advise you on the best steps to take moving forward.

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