DuPage County Guardianship Attorney

DuPage County IL guardianship and probate attorney

Guardianship of Children and Disabled Adults in Estate Planning

Children and disabled adults need to rely on someone else for their daily care. Because of their youth and/or disabilities, they often need a guardian to look out for their well-being. Having the right guardian in place to look after children and disabled adults is essential in allowing them to lead happy and healthy lives. However, being granted guardianship is not a simple process; it typically involves multiple court hearings and requires the assistance of a qualified attorney.

When you have a need to have a guardian appointed by the court, turn to an attorney with the experience and knowledge to secure your desired result. For over three decades, Michael V. LoCicero, Attorney at Law has represented clients in guardianship cases for both children and disabled adults in Cook County, DuPage County, Chicago and the surrounding areas. He has vast knowledge of not only the guardianship process, but the local court systems as well.

Guardianship of children is permitted by the court for varying reasons. There are primarily four types of guardians in the state of Illinois:

  •     Permanent Legal Guardian: This person is entrusted with feeding, housing, clothing and educating the child.
  •     Guardian Ad Litem: This is a person appointed by a court to represent the best interests of the child during a pending proceeding. Examples during a divorce.
  •     Standby Guardian: Named by the parent in a legally created trust, will, or Power of Attorney, this person is entrusted to care for a child if the natural parent dies or becomes unable to care for the child.
  •     Short Term Guardian: A person appointed by the parent or guardian to care for a child for one year or less.

Before one can be appointed as a Guardian certain qualifications must be met by the guardian candidate. In order for a person in the state of Illinois to be named as guardian, the following criteria must be met:

  •     At least 18 years of age or older.
  •     A United States legal resident.
  •     No convictions of any serious crimes.
  •     Needs to be deemed of “sound mind” by the court.

Guardianship for disabled adults is needed when adults can longer care for themselves. Guardianships are not automatically granted. It must be proven to the court that the person for whom the guardianship is sought is incapacitated and unable to handle their own affairs. Credible medical testimony and evidence must be presented in support of a petition. The disabled adult also has the right to express their wishes and have them considered by the court.

To obtain a guardianship, there are required court filings any procedures that must be followed. Having a knowledgeable and compassionate attorney steering you through the guardianship process is essential. Michael V. LoCicero, Attorney at Law has the experience to guide your case to a successful conclusion. Contact the office today at 630-932-7007 for a free consultation. Michael represents clients for guardianship of children/disabled adults and other family law cases in Cook County and DuPage County; including the city of Chicago and its suburbs, as well as Elmhurst, Villa Park, Lombard, Oak Brook, Bensenville, Itasca, Hillside, Darien, Lemont, Naperville, Wheaton, Willowbrook, Bridgeview, Maywood, Brookfield and surrounding Illinois communities.

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