When parents are not able to care for their children due to death, disability, or incapacitation, responsibility often falls on other family members. The same is true for adult people who are unable to take care of themselves. Legal guardianship can be a solution to help these individuals stay safe and well cared for. An experienced attorney can explain how to get this process started and protect your interests.
Guardianship for a child or disabled adult is usually granted by the court. During the process, the court must ensure that you are capable of handling the duties that come with being a legal guardian. This means that the court will interview you, look at your financial situation, and see if you have the ability to manage your ward’s personal and property needs. A Chicago Guardianship Lawyer can help gather all of this information and represent you at any hearings that may occur.
There are different types of legal guardianships available, and which one is appropriate for your needs depends on the specific situation. For example, you might need a conservatorship to handle the financial affairs of an incapacitated adult or child. You might also need a guardianship to provide medical care or personal attention to your loved one. For both situations, the first step is to file a petition with the court. The petition will include all of your basic personal information and the name of the person you are seeking to be a guardian for. It will also include a report about the individual from a doctor or other medical professional.
The alleged incapacitated adult will be served with the petition and be given an opportunity to be heard at a hearing. At the hearing, you will need to present evidence that shows the individual is not capable of taking care of himself or herself and needs a legal guardian. You should be prepared to discuss the adult’s health condition, level of independence, living arrangements, and socialization, as these factors are important in determining whether a guardianship is necessary.
A guardian ad litem, an attorney or lay person, will often be appointed to advocate for the best interests of the respondent at the hearing. The guardian ad litem will interview the respondent, speak with their doctors and other professionals, and investigate all of the facts about the situation. The guardian ad Litem will then prepare and submit a report to the court.
If you are concerned about the safety of an aging loved one or an incapacitated child, contact Zimmet Law Group, P.C. Our team of dedicated attorneys can assist you with developing a plan to protect your loved ones. We can help you create a legal strategy for caring for children, adults, and people with disabilities. To learn more, contact us for a free consultation today.