If you are interested in becoming a guardian for a minor, then you need to also consider working with an attorney. An attorney could help by taking care of the guardianship procedures in Lombard while you focus on tending to the needs of any minors in your family.
Guardians are appointed in a separate probate proceeding. In these types of circumstances, it is the surviving parent who would be the guardian. Sometimes grandparents might leave money to their grandchildren, so the parent would serve as guardian. However, if it is a situation in which the parents have passed away and there is no surviving parent, a separate guardian would have to petition the court. This is when a person’s will, if they mentioned who they want to be appointed as their guardians, could come into play. However, there is a proceeding that goes by whoever steps forward and is found to be in the best interests of the minor. That person is going to be appointed as the guardian.
The guardian procedure regarding decedents under the age of 18 in intestate estates or any estate, means if a beneficiary is a minor and they are going to be receiving property, a guardianship estate needs to be opened for that minor. There is a separate petition for that action.
In both Cooke County and DuPage, there are separate courtrooms for this hearing. In Kane, it is all heard in the same court, but it is considered two different cases. There needs to be a separate petition and a separate proceeding brought to appoint a guardian of the estate for the minor to receive the proceeds from the inheritance.
The way that the process works is if it is an adult, an adult could sign the receipt form and get a check. If they are under the age of 18, only the guardian of the estate is able to sign the receipt form and receive the money on behalf of the minor. Basically, the administrator would write a check to the estate of the minor and the guardian would have to put that into a separate guardianship account for the benefit of the kid.
Those assets are protected by the procedures in the minor guardianship estate. What happens in most circumstances is that the court in the minor guardianship would only let the guardian set up a restricted account or a court-protected account. Most banks could set these up. It is an account that reads that it is in the name of the minor, but there are no withdrawals without court order or until the minor turns 18.
It is an account that is essentially frozen, so the guardian does not have access to it without a court order. To further protect the assets while they get into that account before they go into the restricted account, the guardian is required to post a bond to make sure that there is an insurance policy in place until it has been proven that they moved the assets into a restricted frozen account.
The laws set forth by Illinois legislature outline guardianship procedures in Lombard for the sake of easy and in the event that tragedy strikes. Whatever your case may be, and if you feel that guardianship is necessary, the courts could help. However, navigating the legal system is tricky. Let an attorney help you. Call today.
