Guardianship Lawyers -- Overview
When parents are unable to provide care for their children due to death, disability, incapacitation, or incarceration, or because they are unfit or absent, responsibility for these children often falls to other family members or close friends. People may also become responsible for adults who are disabled, incapacitated, or unable to care for themselves. In these situations, a person may wish to become the legal guardian of a child or adult who is under their care, since this will provide legal protections for everyone involved.
At Capraro Law, our skilled family lawyers understand the complex legal issues that can arise when you are caring for a child, disabled adult, or elderly family member, and we can answer your questions and advocate for your family's best interests in these situations.
Types of Guardianship
Guardianship falls into 2 categories, and a person can be named as one or both types of guardian:
- A guardian of the person is responsible for meeting the physical, medical, and educational needs of a person in their care.
- A guardian of the estate is responsible for handling financial matters and property ownership for a person in their care.
Child Guardianship Requirements in Illinois
A person can be appointed as the guardian of a minor if they meet the following requirements:
- Are at least 18 years old
- Are a resident of the United States
- Are of sound mind.They are not legally disabled
- Are not a convicted felon
A convicted felon may be appointed as a guardian if the court finds that it is in a child's best interests, after considering the nature and date of the offense and evidence of rehabilitation. A felony conviction involving threat or harm to a child disqualifies a person from guardianship.
A guardian can be appointed by a child's parent or guardian in a will. A person may also be appointed as guardian if a child's parents have voluntarily relinquished physical custody or are unable or unwilling to carry out their parental duties, if they consent to the appointment, if they fail to object to the appointment.
There are also 2 types of temporary guardianship for minor children:
- A standby guardian can be designated by a child's parents or appointed by the court. They will be able to act as guardian for up to 60 days, and they must petition for a permanent guardianship of the child during that time.
- A short-term guardian can be named in a written agreement by a child's parents or guardian, and once the agreement is executed, they will be able to act as a child's guardian for up to one year. A child's parents or permanent guardian may revoke this agreement at any time.
Adult Guardianship Lawyers in Illinois
To be named as the guardian of a disabled adult, clear and convincing evidence of their disability must be demonstrated in court, showing that a person is not fully able to care for themselves or manage their estate due to mental deterioration, physical disability, mental illness, developmental disability, gambling addiction, or drug or alcohol abuse. A guardian will be responsible for protecting the well-being of a disabled person and encouraging them to achieve independence and self-reliance.
Guardianship & Family Law Advocates
If you have any questions about guardianship, then contact us, we can work with you to resolve any legal issues that arise regarding the children or adults in your care.
Call Capraro Law Today For An Appointment @ 708.383.6551
1010 Lake St. #612
Oak Park, IL. 60301
How may we help you?