A guardian is a person or institution appointed by the court to manage the affairs of another. Guardianships are commonly used for individuals who are incapacitated and incapable of making personal and/or financial decisions. Guardianship isn’t something that most people plan for, but it can be an essential protection if someone cannot take care of themselves or their property. If a guardianship becomes a necessary protection for someone close to you, Mr. Siebert can help you get them that protection. |
Normally, guardianship proceedings are a last resort. The need for guardianship proceedings can be avoided through effective estate planning and the use of Durable Powers of Attorney and Living Trusts. Guardianship proceedings are both emotionally and can be financially draining. The Courts are hesitant to appoint a guardian unless absolutely necessary because when a guardian is appointed, people lose rights to make basic decisions about their life and property. |
A Guardianship however provides essential protection where an individual fails or was incapable of preparing advance directives such as Durable Powers of Attorney, and that individual is incapacitated. It happens when a special needs child becomes an adult, or an older person loses the ability to make decisions due to dementia. |
If you think someone needs a guardian, call Mr. Siebert’s office and set up an appointment to discuss the requirements in Illinois. Deciding to file for guardianship for a family member is never easy. Get professional assistance in determining what decisions your father can make and where he needs assistance. A geriatric assessment may pinpoint specific areas where he can act on his own. |
To obtain a guardianship, somebody must file a petition with the court explaining why the person needs a guardian and who is qualified to be appointed. An examination by physician, psychologist, or psychiatrist must be attached to the Petition explaining the physical or psychological needs for guardianship. Notices of the proceeding are given to the individual and to others interested. A Guardian Ad Litem will be appointed to represent the individual and will interview the person, review the circumstances and report back to the judge, or the individual may hire a lawyer. At the court hearing, a judge will hear evidence about why the person needs a guardian. |
Who will be the guardian? Generally a family member will be called upon to act as a guardian for a family member. However, a guardian can also be a friend or a professional guardian, such as a public guardian, a bank, or a not for profit agency. In the end, the court decides who the guardian will be. The court also decides how much authority to give to the guardian. A guardian might be appointed only to make decisions about living arrangements, personal needs and medical care. Or, a guardian might be appointed only to make decisions about finances and property. Guardianship of the person provides powers related to health and well being of the person, including their medical care. Guardianship of the estate provides powers related to the financial management of the person’s assets and income. The same person or agency could be appointed to make both kinds of decisions. A person with a guardian may be called a “ward,” an “incapacitated person” or a “protected person.” Guardianship is supposed to be limited to meet the specific needs of the ward. |
If you are appointed as a guardian, the court’s order will tell you what decisions you are allowed to make. You may have just a few powers or need to make most decisions on behalf of your ward. You must carefully understand the line between what you can decide and the rights that your ward keeps. You must try to make choices based on the ward’s values and to involve the ward in making decisions whenever possible. |
What you can do depends on the court order and state law, but if you have authority over property you will at least need to: - Find and protect the ward’s assets
- Set up separate accounts with the ward’s funds
- Spend the ward’s money only for the ward’s care and needs
- Keep detailed records of all expenditures
- Keep the ward’s property in good repair and insured
- Carefully invest the ward’s resources
- File inventories and accountings with the court
- Get directions from the court before taking major actions
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If you have authority over your ward’s personal affairs, the list of responsibilities can be quite long, depending on your ward’s needs and the court’s order. You may need to: - Make sure the ward is living in the most appropriate location
- Arrange for caregivers, social activities, transportation
- Consent to medical treatment such as surgeries or medications
- Supervise hygiene, meals, and clothing
- Provide for any physical, speech, or occupational therapies
- Frequently visit the ward and try to improve the ward’s quality of life
- Report to the court on the care you are providing
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Being guardian for someone else is a major undertaking. You will need to be in frequent contact with the court and your attorney to make sure you are properly acting on behalf of your ward. Mr. Siebert is able to assist you if guardianship proceedings are appropriate for someone you love. |
FOR MORE INFORMATION ON THIS SUBJECT OR TO SCHEDULE AN APPOINTMENT WITH MR. SIEBERT TO DISCUSS THIS OR ANY OTHER MATTER CALL (847) 253-7500 OR CONTACT MR. SIEBERT’S OFFICE. |
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