St. Charles Family Law Attorney
St. Charles Family Law Attorney – Law Offices of Anthony R. Scifo – 847-628-8311
Many people who care for one or more children might not consider establishing a guardianship. However, it’s a critical step towards ensuring that the legal system works to protect their best interests. If you’re wondering when it is necessary to establish legal guardianship, please read on and learn more through the following:
St. Charles Family Law Attorney – Guardianship FAQs
If there is a child currently living with me and I am the main care provider should I establish a legal guardianship?
This typically depends upon how long you will care for the child. In the event the child will only live with you for a relatively brief time such as a few months then a legal guardianship is most likely not necessary. If it will be longer than a few months it is advisable that you consider establishing a legal guardianship. When guardianship is in place, you’ll simply have an easier time when it comes to managing particular tasks. For example, enrolling the child in school, getting medical care and registration for benefits.
In addition, without a legal guardianship, you will be left without an argument if the child’s parents make an attempt to win custody. Even if you view them as unfit for parenting. Although there is no certain guarantee that guardianship will enable you to keep caring for a child if the parents seek to regain custody, it improves the chances.
Law Offices of Anthony R. Scifo – 847-628-8311
St. Charles Family Law Attorney – Do parents ever need to have guardianship over their children’s property?
It may seem unusual but this can be true in some situations. In the event a child comes into a substantial amount of money or some other form of property, parents have to on occasion establish guardianship of the estate. This is typically only if a child receives money or properties valued over a certain amount declared by state law. Your St. Charles Family Law Attorney can provide more information.
St. Charles Family Law Attorney – What are the key benefits to establishing a legal guardianship of the estate?
A major benefit to this is that it offers protection for people against liability if they give money or properties to the parents of the child and the parents then somehow mismanage it. When a minor receives money or property if they benefit from a will, for example, they may be unprepared to properly manage their new responsibilities. In the event that a bank or the will’s executor chooses to transfer money or property to the parents rather than the child, the parents might mismanage it and leave the child with little or nothing. This can leave the bank or executor open to litigation from the child or guardian.
When parents choose establish a legal guardianship of the estate, the state’s guardianship laws take away liability from banks or the will’s executor. The parents also have to show the court that they manage the money or property competently. This provides the child with extra protection.
Law Offices of Anthony R. Scifo – 847-628-8311
St. Charles Family Law Attorney – What are the alternatives to guardianship of the estate?
Although guardianship of the estate can shield a child’s property and assets, it can sometimes be quite time-consuming to establish. Many states realize this and have laws that make it simpler for parent to sufficiently manage gifts their children receive if they’re below a set amount. A gift-giver typically has to appoint someone to manage the gifts until the child reaches legal adulthood. This procedure doesn’t call for the involvement of the courts.
Find out more about guardianship laws in Illinois – consult your St. Charles Family Law Attorney
Guardianship is a legal process that can have lifelong commitments for all parties involved. Therefore, it is important to establish it legally with the help of a St. Charles Family Law Attorney. If you would like to know more about guardianship laws in Illinois call our firm for a consultation at 847-628-8311.
St. Charles Family Law Attorney – Elderly Guardianship
Also referred to as elderly conservatorship, elderly guardianship is a legal relationship established when a court names an individual to provide care for an elderly person who is not able to care for themselves. The guardian has specific responsibilities in this arrangement.
Family Law Attorney – when is elderly guardianship necessary?
Unfortunately, elderly people can reach a point when they cannot sufficiently take care of themselves and action must be taken for their well-being. This may include their inability to take medication, practice hygiene or manage their finances. In these cases, it typically is in the elderly person’s interests for the court to name a guardian.
Law Offices of Anthony R. Scifo – 847-628-8311
The Guardianship Process for the Elderly
In general, the following people can petition the court to designate an elderly guardian:
-The elderly individual, their spouse, their domestic partner, a relative or a friend
-A state of Illinois or local government entity
Duties of Elderly Guardianship
A guardian will have a duty to provide care for the elderly individual. In general terms, this simply means the guardian is bound to place the elderly person’s interests first. There may be a number of responsibilities such as selecting where the elderly person will reside, how to keep them in good health, how to set and follow a budget based on their finances and how to schedule things like recreational activities.
Advantages and Disadvantages of Elderly Guardianship
The purpose and intended benefit of this type of guardianship is that elderly persons who cannot care for themselves can get the care they require. However, there can be some drawbacks to consider with respect to establishing legal elderly guardianship. Chief among them is that it can be a costly process that takes considerable time. There can be a lot of paperwork, multiple procedural items to fulfill and potentially more than one court appearance. If there is some opposition to establishing a guardianship from the elderly person or by a relative, it can make the procedure take even longer and become emotionally taxing.
Guardianship, simply by way of its structure, requires the elderly individual to forego some of their rights. For instance, they might lose their right to handle their finances, choose a caretaker or decide where to live. There’s also a risk that the guardian may not act in what is the best interests of the elderly individual.
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Alternatives to Elderly Guardianship – Living Trust
A living trust is a form of arrangement in which an appointed trustee holds legal titles to property. The living trust is established by a grantor, who is entrusting their property to the trustee for a beneficiary of their choosing. The grantor doesn’t need to appoint another individual as the trustee, and can decide to be the trustee himself or herself. Since the grantor can choose to revoke the living trust at any given time, it is frequent called a “revocable” trust.
Learn more about living trusts and other alternatives to elderly guardianship – speak with a St. Charles Family Law Attorney today at 847-628-8311.
