The best Chicago Guardianship Attorney can help individuals protect the financial, medical, and social welfare interests of minor children or adult family members who cannot care for themselves. Usually, this involves a parent who is incarcerated, suffers from alcohol or drug addiction, or is otherwise unavailable. Alternatively, it can be an older sibling who is no longer able to manage their own affairs.
Parents often seek guardianship for their disabled children after a divorce or death of the other parent in order to ensure the child will continue to have access to necessary medical, educational, and financial support. Depending on the severity of the disability, the child may be eligible to become an adult and be able to make their own decisions at that time. However, even after a person turns 18, they can still be unable to take care of themselves or their assets due to a disability.
Guardianship may also be needed for someone who has inherited significant cash or property and is incapable of managing the estate themselves. In this case, a conservator is appointed to handle the inheritance, invest it, pay bills, and make sure the individual is taken care of.
It is important to have an open and honest conversation about the responsibilities of becoming a guardian. The court generally only grants guardianship if you can prove that you are capable of caring for the ward’s emotional and financial needs. This requires a lot of time, commitment and hard work. You will need to be able to discuss your family, work schedule and financial stability with the judge.
During the court hearing, the Petitioner and their NYC Guardianship Lawyer will have to present evidence that the AIP requires a guardian. They will be required to prove that they can meet the AIP’s daily needs, provide adequate medical care and therapy, manage their finances, and keep accurate records of all actions taken on their behalf. They will also have to submit a report from a medical doctor stating the AIP’s physical and mental condition.
A court will decide whether to grant the petition for guardianship or not based on what is in the best interest of the individual. This decision will depend on the facts of the case and the testimony given by all parties involved. The AIP will be asked questions during the proceedings and their lawyer will have an opportunity to question witnesses as well.
Once the guardianship is granted, you will need to maintain an ongoing relationship with the AIP, providing them with a safe and secure home life, education, and financial stability. You will also be responsible for filing annual reports with the court and notifying any other relevant parties of any change to the status of the ward.
The Guardianship can be terminated by a new party filing a Petition to Terminate the Guardianship with the court along with any other required documents. Legal documents are served to the subject of the guardianship, their parents or siblings, and any other relevant individuals and a court hearing will be held to determine the proper course of action.