Illinois Guardianship Attorney
An Illinois Guardianship Attorney at Pioletti Pioletti & Nichols have extensive experience in all aspects of the guardianship process. We have represented families of incapacitated persons seeking the appointment of guardians as well as persons objecting to the inappropriate appointment of guardians or conservators.
There are times when a person may be unable to oversee their personal affairs and/or finances. Whether this is due to disability, increasing age, injury, disease or some other cause – it may become necessary to seek the court appointment of a guardian and conservator for that person.
If you become incapacitated or severely disabled, you will need someone to take care of you and your finances. If this happens and you have not created a living will with health directives or have a durable power of attorney already drawn up, it may be necessary for the court to appoint a guardian who will make arrangements regarding your finances and medical decisions with your best interests in mind.
Even if the chances are good that you will recover, the guardian or conservator can keep your bills paid, manage your properties, as well as attending to your personal needs.
Is it Necessary to Have a Guardian for a Loved One Who is Disabled?
As an IL Guardianship Attorney may explain during a consultation, guardianships and conservatorships are interchangeable terms in many states. Both offer different types of decision-making authority, but if necessary, one person can be appointed to handle all the responsibilities. Guardianships or conservatorships for the person is when the court appoints someone to provide the personal and medical needs of the conservatee when that person is unable to make decisions or provide for themselves.
Conservatorships for the Estate of the conservatee is given to make decisions regarding finances and property of the conservatee, making sure bills are kept current and property is maintained.
In some states, a guardianship can have different levels of power. The individual is able to take care of themselves as much as mentally or physically possible in order to retain some measure of self-reliance. The Guardian understands the need for the individual to do as much as they are reasonably able to do so.
What are the Legal Responsibilities of a Guardian or Conservator?
The amount of power a guardian or conservator has will depend on the court order and the mental and physical capabilities of the conservatee. If you are a guardian or conservator, your Illinois Guardianship Attorney can talk with you about the following tasks:
- Making sure they are available to take care of the conservatee.
- Deciding financial matters for the conservatee.
- Deciding medical matters for the conservatee.
- Taking care of the most basic of services including food, shelter, and clothing, making sure prescribed medications are taken and refilled when necessary; taking conservatee to medical appointments
- The guardian or conservator is required to submit reports periodically to the court concerning the condition of the conservatee. These reports need to include updates on the conservatee’s health and well being, living arrangements, services rendered by the conservator, an accounting of the conservatee’s money, and anything else the court may deem necessary to evaluate the status of the conservatee and how the conservator is performing their duties.
Who Can Be A Guardian/Conservator?
If the individual is able to speak for themselves, the court will respect their wishes. If there is no durable power of attorney, living will or health directives and the individual is unable to speak for themselves, the court will appoint someone, usually a spouse, adult child, parents, siblings, or other family members.
Talk to an Attorney
The best way to prepare for the unexpected is to create a will, health care directive, and durable power of attorney. That way you select the person you wish to take care of you and your estate in the event you are unable to do so. A Guardianship Attorney in IL can assist you in creating any of these documents.
In addition, if it is necessary to select a guardian for a family member who is incapacitated and unable to care for themselves, and they do not possess any of the above documents, an Attorney for Illinois Guardianship can help create the documentation necessary to apply for conservatorship or guardianship and make sure the best interests of your loved one are respected.