Schaumburg Guardianship Attorney

Guardianship Attorney Serving Clients in Schaumburg, IL

Guardianship is a critical legal process designed to protect people who cannot take care of themselves due to age, disability, or other reasons. In Illinois, guardianships are governed by the Illinois Probate Act, which outlines the structures, responsibilities, and procedures for establishing guardianships.

At Anderson Attorneys, P.C., we have decades of experience helping clients meet their legal objectives in a timely and cost-effective manner. To obtain legal guidance regarding key types of guardianships available in Illinois, such as limited guardianship, temporary guardianship, and testamentary guardianship, or for assistance regarding another type of guardianship, get in touch with our knowledgeable attorney today.

What to Know About the Illinois Probate Act

The Illinois Probate Act (755 ILCS 5) establishes the legal framework for managing estates, wills, and guardianships in the state. Article XI of this Act specifically addresses guardianships, providing the necessary provisions to ensure that minors, disabled adults, and other people in need will receive the proper care and protection. The Act outlines various forms of guardianship that may address the unique needs and situations of different people.

Limited Guardianship Offers Individualized Care

Limited guardianship may be used in situations where people may need assistance in specific areas of their lives. Under a limited guardianship, a guardian is appointed by the court with well-defined responsibilities. These responsibilities can range from making medical decisions and managing finances to providing educational oversight.

The ultimate objective of limited guardianship is to preserve the rights of the ward and allow them to maintain as much control of their life as possible. By narrowly defining the guardian's responsibilities, this form of guardianship allows the ward to retain control over certain aspects of their life, which promotes autonomy and self-determination. For example, an elderly person who can manage daily living but struggles with financial management might benefit from a limited guardianship focused solely on their financial affairs.

Temporary Guardianship Offers Immediate and Urgent Care

Temporary guardianship may be established to address immediate, short-term needs. This type of guardianship is especially useful in urgent situations where a person's well-being is at risk, and there is no time to undergo the lengthy process of establishing a permanent guardianship. Under the Illinois Probate Act, temporary guardianship can be enacted quickly, often without as rigorous an approval process.

Temporary guardianships are usually granted for a period of 60 days, but extensions may be available if the need for guardianship persists. This form of guardianship is often used in cases involving sudden medical emergencies, crisis situations like accidents, or abrupt changes in the caregiver's ability to provide care. The goal is to ensure that the ward's immediate needs are met while a more permanent solution is determined.

Testamentary Guardianship Offers Planning for the Future

Testamentary guardianship comes into play when parents or current guardians proactively plan for the future care of their dependents, particularly minors. This type of guardianship is outlined in a will, specifying who will assume guardianship responsibilities upon the death of a child's parents or the current guardian.

The Illinois Probate Act has established testamentary guardianship as a way to ensure continuity and stability in the lives of minors and others who are dependent on a guardian's care. By making these arrangements ahead of time, parents or guardians can provide peace of mind that their loved ones will be cared for according to their wishes. For example, parents might designate a trusted relative or family friend to take over guardianship responsibilities for their children, ensuring that they will be raised in a familiar and caring environment.

Other Forms of Guardianship

The Illinois Probate Act outlines other forms of guardianship as well. These include plenary (or full) guardianship, where the guardian has comprehensive control over the ward's personal and financial decisions, and successor guardianship, which ensures continuity if the original guardian can no longer serve. Each form of guardianship is structured to meet the specific needs and conditions of the ward, ensuring they receive the support and protection they need.

Contact Our Schaumburg, IL Guardianship Attorney

Understanding the various forms of guardianships under the Illinois Probate Act is essential for making informed decisions about the care and protection of those who cannot advocate for themselves. If you are interested in establishing guardianship for a loved one, contact our office at 847-850-8899 to schedule a free consultation.