Guardianship proceedings may be vastly different when they are contested compared with situations where everyone involved agrees to the proposed terms. A skilled Wheaton guardianship lawyer could help meet your needs in either type of situation, working to provide an economical resolution with the least amount of delay.
A trusts and estates lawyer familiar with the intricacies of guardianship could also help with advance preparation to establish contingent guardianship arrangements or work to create a power of attorney to avoid the need for guardianship. The first step is to meet with an attorney to review your situation and your goals and determine the best course of action to meet your unique needs.
The role of guardian may be held by an individual or by an entity such as a state agency. A guardian manages the affairs of someone who is unable to manage their own concerns legally due to minority, mental deterioration, developmental disability, physical incapacity, or mental illness. Parents are natural guardians of their own children. If another takes over the role, or to appoint a guardian for an adult, the court must approve the arrangement, so a Wheaton guardianship lawyer could help obtain the necessary approval.
There is a presumption in the law that adults are able to handle their own decisions, so in order for someone over the age of 17 to be deemed in need of a guardian, it must be shown the person suffers from a condition that renders them unable to make or communicate responsible decisions on their own behalf. The law provides for appointment of a guardian in situations where an individual or their family might be in danger of suffering because drug use, excessive drinking, gambling or other behaviors cause that individual to waste their assets.
Before taking a guardianship matter to court, it is necessary to obtain a report certifying the need for guardianship. For guardianship of an individual who resides in Wheaton, it is possible to get pre-printed certification forms from the Clerk of the Circuit Court of DuPage County.
A licensed physician should fill out and sign the form. Other professionals familiar with the condition that causes the need for guardianship should also sign the form. One of the attesting professionals may need to testify in court later regarding the need for guardianship.
Because the court bases the decision about whether to appoint a guardian on the information contained in the report, it is wise to ensure that it provides sufficient detail. A Wheaton guardianship lawyer could help with preparation of the report, including the inclusion of information about the potential for limited guardianship.
Courts are often reluctant to take away an individual’s right to manage their own affairs, so if they approve guardianship, it may be only on a limited basis. When an individual is capable of making some but not all decisions regarding their care or their finances, the court may appoint a limited guardian who may only exercise power specifically described in the court’s order. A guardianship lawyer in Wheaton could assist if a guardian is uncertain about which actions they may and may not take on behalf of a ward.
If an individual is incapable of managing any of their own affairs, the court may approve a plenary or full guardian. Temporary guardians may be appointed in emergency situations. Usually, a temporary guardianship is limited to 30 days or less.
The laws are very specific about the requirements for certifying the need for guardianship and the requirements for someone to be appointed guardian. A knowledgeable Wheaton guardianship lawyer could help you work within the legal guidelines to help reach your objectives.
An experienced guardianship attorney understands how to present a situation in a persuasive manner to demonstrate the need for guardianship as well as the qualifications of a proposed guardian. Call now to learn how an efficient guardianship advocate could assist in your situation.