We make it a priority to work with our clients to ensure that they have sufficient planning documents in place in the event of their future incapacity.  However, when there are no planning documents in place, or a situation arises that the client did not plan for, sometimes guardianship is necessary.  Our attorneys can consult with you to determine whether or not guardianship is the proper course of action.

In Illinois, establishing a guardianship necessitates petitioning the court and requesting that an order be entered determining that the individual, referred to as the “ward,” lacks capacity to make decisions regarding his/her personal well-being, finances, or both.  Once that determination is made, an individual, or individuals, will be appointed as legal guardian(s) of the person and/or estate of the ward.  The process can be overwhelming for some individuals, and our experienced attorneys can offer guidance and assistance throughout the proceedings.  In addition, once an individual is appointed as guardian, he or she will have certain duties and obligations, including reporting periodically to the court.  Our attorneys can also provide advice and assistance to the guardian in fulfilling these duties and obligations.

In addition to representing guardians, we also represent wards who are subject to a guardianship proceeding.  Our attorneys have experience in dealing with all the different aspects of guardianship proceedings.

To discuss Guardianship or other elder law issues with an elder law attorney, please contact the Elder Law Center, P.C. division of our law firm.

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