DuPage County Guardianship Lawyer

Low-Fee Attorney for Child and Adult Guardianships in Kane and Kendall Counties

When people are unable to care for themselves or make decisions in their own best interests, they often rely on a guardian who has the legal authority to look out for them and protect their well-being. You may often think of children as requiring guardianship, but in many cases, adults also need a guardian to assist with their health, safety, and financial security.

At the Legal-Ease Law Clinic, we assist with the establishment of both minor and adult guardianships, with a focus on serving clients who are unable to afford the high legal fees at many other firms. We will work with you to determine a rate according to your income so that you can ensure your children, family members, and loved ones are protected without taking on a difficult financial burden.

Child Guardianship Services in DuPage County

In most cases, parents serve as the legal guardians for children under the age of 18 and are responsible for making important decisions to protect them and their quality of life. However, there are situations in which parents can no longer serve as guardians, either permanently or temporarily, due to their death, illness, arrest, military service, lack of fitness as parents, or a variety of other reasons. To account for these situations, parents may designate a legal guardian for their children in a will or other written document. Alternatively, the court may appoint a guardian if necessary. In Illinois, a few different kinds of child guardianship are possible:

• Plenary guardianship: Sometimes referred to as long-term guardianship, plenary guardianship requires the designated or appointed guardian to care for the child until he or she turns 18, the parents are able to resume guardianship, or another eligible person is willing to assume guardianship. A plenary guardian is responsible for both guardianship of the person, meaning the child's basic needs, education, and medical care, and guardianship of the estate, meaning decisions regarding the use of the child's assets to the child's benefit.
• Standby guardianship: A standby guardian is designated in writing by the child's parents in a will or another official document, which must be signed and witnessed. Standby guardianship lasts for 60 days, at which point the guardian can petition for extended guardianship or plenary guardianship if need be. A standby guardianship arrangement can be especially helpful for undocumented immigrants who may fear separation from their children due to detention or deportation.
• Short-term guardianship: Lasting for up to one year, a short-term guardianship can be beneficial for parents who expect to be unable to care for their children for a known period of time. Like a standby guardian, a short-term guardian is selected by the parents and affirmed in writing along with the date and/or circumstances upon which the guardianship will end.

Naperville, Illinois Adult Guardianship Services

An adult guardianship may be necessary for a person over the age of 18 who is unable to care for him or herself due to physical or mental incapacity or a developmental disability. An adult guardianship must be appointed by the court based on a demonstration of need supported by a licensed physician, even in a case in which parents maintain legal guardianship after a child reaches the age of 18.

You may choose to seek a limited guardianship if the person still has some decision-making ability, or a plenary guardianship if the person needs a guardian to make all important decisions. In some cases, the court will also appoint separate guardians of the person and of the estate according to who is best equipped to handle the ward's personal well-being and financial affairs. The guardian of the estate may play an important role in the probate process in the event of the ward's death.

Contact a Kane County Guardianship Attorney

Establishing legal guardianship for a child or adult can often be complicated, and it typically requires the filing of important documents and the following of court procedures. When you work with our legal team, we can help you take the necessary steps to achieve an outcome that best serves the person in need of a guardian. Contact us at 630-447-5733 to request a free consultation. We serve clients throughout DuPage County, Kendall County, and Kane County, including in Naperville, Yorkville, Sugar Grove, and the surrounding areas.