Many individuals find themselves as caregivers for spouses, parents, children, or other close loved ones. Being a caregiver comes with significant responsibilities and challenges. When a loved one is no longer mentally or physically able to care for themselves or make decisions, pursuing legal guardianship may be the best option to ensure their well-being and financial security.
What Is Guardianship?
Guardianship is a legal process in which a guardian is appointed by the court to care for and make decisions on behalf of an incapacitated person who is unable to manage their own affairs. The guardian assumes responsibility for the disabled person’s daily needs, health care, and financial matters. If you are in a situation where a loved one can no longer manage their own physical or financial needs, seeking guidance from a guardianship attorney can help you understand the legal steps necessary to protect them.
When Should You Consider Filing for Guardianship?
You may need to petition for guardianship if:
- You are caring for a loved one who can no longer manage their physical needs or financial affairs.
- Healthcare professionals have determined that your loved one lacks the capacity to make their own decisions.
- You are unable to assist your loved one due to a lack of legal authority to act on their behalf.
Understanding the Guardianship and Conservatorship Process
Navigating the legal process of guardianship can be complex. Consulting an experienced guardianship lawyer ensures compliance with state laws and proper court procedures. Below is an overview of the process:
- Obtain a physician’s statement from the ward’s doctor verifying incapacity and the need for a guardian.
- Secure a guardianship bond (if required by the court).
- A bond may be waived if the guardian has a parent-child relationship with the incapacitated person.
- File a petition for guardianship with the appropriate court.
- The court appoints a guardian ad litem (or another court-appointed attorney) to represent the disabled person’s legal interests.
- Notify the incapacitated person and their relatives about the guardianship hearing.
- The guardian ad litem meets with the disabled person to assess their circumstances and advocate for their best interests.
- A court hearing is held where the judge reviews the case, considers witness testimony, and determines whether guardianship is necessary.
- If granted, you will be appointed as the legal guardian.
- Once appointed, you must file annual reports with the court and renew your guardianship bond as required.
Duties of a Guardian or Conservator
As a guardian, you have a fiduciary duty to act in the best interest of the incapacitated person. Responsibilities include:
- Making sound financial and healthcare decisions.
- Ensuring all bills and taxes are paid.
- Overseeing investments and daily financial management.
- Ensuring the ward receives necessary health care and medical treatment.
- Providing for the ward’s general welfare and safety.
Are There Alternatives to Full Guardianship?
Guardianship may not always be necessary for every situation. Depending on your loved one’s needs, there are alternatives such as:
- Limited Guardianship – Allows the ward to retain certain rights (e.g., the right to vote) while still receiving necessary assistance.
- Temporary Guardianship – Grants short-term guardianship during periods of incapacity, such as recovery from a medical condition.
- Power of Attorney – A less restrictive option where a designated individual can make decisions on behalf of another without full guardianship.
Consult an Experienced Guardianship Attorney
If you are considering a guardianship or conservatorship for a loved one, Attorney Mark Brynteson can provide legal guidance tailored to your unique circumstances. At the Law Offices of Mark D. Brynteson, we bring over 35 years of legal experience to help clients navigate estate planning, elder law, and guardianship proceedings. Our firm proudly serves clients in Northern Illinois, including Belvidere, Rockford, DeKalb, and Sycamore.
For expert legal assistance with guardianship matters, contact us today. Your initial consultation is complimentary! Schedule an appointment online at www.bryntesonlaw.com or call (708) 667-6868.
