Guardianships in Illinois

Representing clients in guardianship proceedings in St. Charles, IL, Kane County, DuPage County and throughout the Fox Valley.

Guardianship

A Guardianship hearing is a legal procedure held in a court where a judge will determine if a disabled person over the age of 18 is unable to effectively manage his or her healthcare decisions and property. If the judge determines that the individual is unable to make decisions, the judge will appoint another person, a “guardian” to serve on the individuals behalf.

No one ever plans to become disabled. Although everyone realizes that life will end someday, few of us consider the possibility that we will spend a significant portion of our lives unable to fully care for ourselves. Very often, life gets in the way and bad things happen to ordinary people. Disability doesn’t just happen to the elderly or those who pursue risky and dangerous hobbies. Motor vehicle accidents, work-related injuries, and otherwise common illnesses render many individuals disabled or ‘incapacitated’ every year.

If you have a disabled loved one who has not previously executed a healthcare power of attorney and financial power of attorney, and you are concerned about their ability to effectively manage their affairs, please contact our office to learn about the Guardianship process. We will carefully explain the court proceedings and options available.

Healthcare Power of Attorney

A healthcare power of attorney allows your trusted friend or family member to make medical treatment decisions for you if you are unable to communicate your wishes to doctors. Without one, you must have a guardian or ‘conservator’ of your person appointed by the court before decisions can be made on your behalf.

A healthcare power of attorney not only saves precious decision making time, but it also makes sure that the individual you trust the most has the power to make these most important decisions for you if you are unable to make the decisions on your own.

Durable Power of Attorney

Who will make decisions for you if you are unable to make them for yourself? Who will have the power to sign documents on your behalf, or make sure your bills get paid?

Without a durable power of attorney, someone who is mentally incapacitated must be taken to guardianship court to have a decision maker named for them by a judge. A carefully written durable power of attorney will allow you to name someone you trust to make decisions for you if you become disabled to the point of no longer being able to make those decisions yourself.