Guardianship Lawyers – Naperville, IL
Attorneys for Adult & Minor Guardianships in DuPage County
Taking care of another person is a big job and large responsibility. If you find yourself in a position whereby you need to become responsible for a minor child or a disabled adult – our law firm can help you.
We serve clients throughout Chicagoland – contact us to set up a FREE CONSULTATION!
Child Guardianship Lawyers
When the parents of a minor child are unable to care for the child, a guardian can be appointed to fill this gap. This can be done permanently or temporarily. A guardian cares for, oversees and leads the child during the time of guardianship. A guardianship does not sever parental rights to the child. A guardianship must be approved by the Court, and some guardianship petitions are contested either by a parent or other interested party.
Our family law attorneys at Kuhn, Heap & Monson are experienced in handling guardianship of minor children cases. Like the Court, we want what is in the best interests of the child or children involved in guardianship cases, and we strongly advocate for those interests and the interests of our clients.
Achieving Guardianship of a Minor Child in Illinois
There are two ways in which someone other than a child’s parent can obtain guardianship of that child. Guardianship may be obtained if
1) the parents of the child can consent and
2) the Court can appoint a guardian for the child.
**Most cases for guardianship of minor children involve family members such as aunts, grandparents, uncles, and siblings.
There are different reasons children may need guardians, some are:
- Parents have abandoned the child
- Parents are addicted to alcohol or drugs
- Parents are sick or disabled and unable to care for the child
- Parents have abused or neglected the child
- Parents have been jailed
- Parents have died
In the event that at a guardianship is no longer needed – the Court can terminate it. This can involve a parent proving to the Court in a hearing that whatever issue prevented them from caring for the child or children in the past has been resolved. Our family law lawyers have experience representing both sides of guardianship law issues.
Guardianship of Disabled Adults Attorneys
Whether due to a mental, physical or other conditions, some adults become disabled and are unable to properly care for themselves. In these cases, a guardian can be appointed by the court to provide help with supervision of a person’s affairs. Disabled adult guardianship can be a complex process. Our law firm is experienced and skilled in representing clients in guardianship cases of all kinds, including those involving disabled adults.
Achieving Guardianship of a Disabled Adult in Illinois
In order to become the guardian to a disabled adult you must prove to the Court that the adult is, in fact, disabled. This may involve a clinical evaluation in which the needs of the disabled person are clearly defined. Depending on the capabilities of the disable adult, the Court may find that no guardian is required, only a limited guardian is required, or a plenary (permanent) guardian is needed. A limited guardian is permitted to make only specific decisions for the disabled person that are outlined by the Court. A plenary guardian can make all decisions for the disabled person.
These may include decisions involving:
- Financial Management
- Medical Treatment
- Personal Care
- Residential Living
Family members are normally set up to become guardians of disabled relatives. However, they are not automatically given this role – you must petition the Court to become a guardian and show that your guardianship is in the best interest of the disabled person. If the disabled person does not want you to be their guardian, the Court will give consideration to those wishes as well.
Contact A Guardianship Lawyer For Help
Contact Kuhn, Heap & Monson to set up a free initial consultation with a guardianship lawyer. Kuhn, Heap & Monson has served individuals and businesses throughout Chicagoland since 1978. We focus on creating tailor-made legal solutions with personal service to each and every client we serve.