Elgin, IL Guardianship Attorney
Making the decision to seek guardianship over a loved one is a profound act of care and responsibility. Whether you are stepping in to protect a minor child whose parents are unable to care for them, or an adult family member who can no longer make safe decisions for themselves, the legal process can feel daunting. Guardianship is a court-supervised proceeding that grants a responsible individual the legal authority to manage another person’s personal, medical, or financial affairs. At The Law Offices of Anthony R. Scifo, we handle these sensitive matters with the compassion and legal precision they require, guiding families in Elgin through every step.
Our attorneys have extensive experience in both straightforward and contested guardianship cases in Kane County and the surrounding areas. We understand that your primary goal is to protect your loved one, and we are here to provide the skilled advocacy needed to achieve that. To discuss your family’s situation in a confidential, no-cost consultation, please call our Elgin office at (847) 628-8311.
When is Guardianship Necessary?
Guardianship is a legal tool used in two primary scenarios when an individual is unable to manage their own affairs and has not made other legal arrangements (like a Power of Attorney).
Guardianship of a Minor
A court may appoint a guardian for a child under the age of 18 when the child’s parents are deceased, have become incapacitated, or are otherwise unwilling or unable to provide proper care. Unlike a child custody order which defines parental rights, a guardianship grants a non-parent the legal authority to act in a parental role.
Guardianship of a Disabled Adult
This is the most common form of guardianship. It is designed for adults who, due to age-related conditions (like dementia or Alzheimer’s), a developmental disability, or a catastrophic injury, are no longer able to make or communicate responsible decisions about their personal care or finances. A key goal of adult guardianship is often to protect a vulnerable person from neglect or financial exploitation, which is a central focus of our elder law litigation practice.
The Court Process for Appointing a Guardian in Illinois
Obtaining guardianship requires a formal court process designed to protect the rights of the person who may need a guardian (the “ward”). The state’s Guardianship and Advocacy Commission provides oversight and resources for this process.
- Filing a Petition: The process begins by filing a formal petition with the probate court, explaining why a guardian is necessary.
- Physician’s Report: For an adult, the petition must be accompanied by a recent report from a physician detailing the nature and extent of the individual’s disability.
- Guardian Ad Litem (GAL): The court will appoint a GAL, who is a neutral attorney. The GAL’s job is to investigate the situation, interview all parties, and make a recommendation to the judge about what is in the ward’s best interest.
- Court Hearing: A formal hearing is held where the judge hears testimony, reviews the evidence and the GAL’s report, and makes a final decision on whether to appoint a guardian and who that guardian will be.
Types of Guardianship
A court can appoint a **Guardian of the Person**, who makes decisions about healthcare and living arrangements, and/or a **Guardian of the Estate**, who manages the ward’s finances and is responsible for the asset recovery and protection. Guardianship can be “plenary” (total) or “limited” to preserve as much of the ward’s independence as possible.
Contested Guardianship Litigation
Unfortunately, not all families agree on the need for a guardian or who that person should be. These situations can lead to a contested guardianship, which is a complex and emotionally charged lawsuit. We are experienced trial attorneys who vigorously represent our clients in disputes involving:
- Objections from the proposed ward who does not believe they need a guardian.
- Disagreements among siblings or other relatives about who should be appointed.
- Petitions to remove an existing guardian who is not acting in the ward’s best interest.
- Cases where guardianship is being sought to stop ongoing financial exploitation.
Frequently Asked Questions About Guardianship
What are the legal duties of a guardian?
A guardian is a fiduciary with a strict legal duty to always act in the best interest of the ward. They must make decisions that are responsible and protective of the ward’s well-being and finances. Guardians of the Estate must file a detailed inventory of assets and provide a regular, formal accounting to the court.
Can a guardian be paid for their time?
Yes. A Guardian of the Estate can petition the court for reasonable compensation for the time and effort they spend managing the ward’s financial affairs. The fees must be approved by a judge and are paid from the ward’s assets.
How does a guardianship end?
For a minor, guardianship automatically terminates when the child turns 18. For a disabled adult, the guardianship remains in effect until the ward’s death or until a court determines that the ward has regained the capacity to make their own decisions.
A Compassionate Guide Through a Difficult Process
Whether you are proactively seeking to protect a vulnerable loved one or find yourself in a contentious family dispute, The Law Offices of Anthony R. Scifo has the experience to guide you. We handle these sensitive proceedings with the care they deserve and the strong advocacy you need.
Call our Elgin office today at (847) 628-8311 for a free and confidential consultation about your guardianship matter.