Many people find themselves caring for a spouse, parent, child, or other loved one. Being a caregiver comes with many responsibilities, and sometimes, obtaining legal guardianship is necessary to ensure your loved one receives proper care. If your family member can no longer manage their personal or financial affairs, a court-appointed guardianship may be the best solution.
What is a Legal Guardianship?
A legal guardianship involves two primary parties:
- The incapacitated person, who can no longer make decisions due to a disability or illness.
- The guardian, who is appointed by the court to manage the person’s healthcare, finances, and daily needs.
You should consider petitioning for guardianship if:
- You are caring for someone who can no longer manage their health, personal needs, or finances.
- A healthcare professional has indicated that your loved one lacks the ability to make their own decisions.
- You are unable to handle your loved one’s affairs because you do not have legal authority to act on their behalf.
The Legal Guardianship Process: What to Expect
The legal process for obtaining guardianship involves several steps:
- Obtain a physician’s statement from your loved one’s doctor, verifying their incapacity.
- File a petition for guardianship in court.
- You may need to obtain a bond for guardianship, unless you qualify for a waiver (e.g., parent-child relationship).
- The court will appoint a guardian ad litem or another legal representative to protect your loved one’s interests.
- You must serve notice to the incapacitated person and their relatives about the guardianship hearing.
- A judge will hold a court hearing, review testimony, and determine if a guardianship is necessary.
- If approved, you will be appointed as the guardian and will have ongoing responsibilities, including annual reporting and bond renewal.
Guardian Responsibilities
A guardian has several key duties, including:
- Acting in the best interests of the incapacitated person.
- Overseeing financial management, such as paying bills and filing taxes.
- Ensuring investments and assets are properly managed.
- Making sure the ward receives necessary healthcare and daily essentials.
- Complying with court oversight and reporting requirements.
Alternatives to Full Guardianship
Not all situations require full legal guardianship. Alternatives include:
- Temporary guardianship for short-term incapacity.
- Limited guardianship, allowing the person to retain certain rights, such as voting.
- Power of Attorney, which can grant decision-making authority without court involvement.
Get Legal Help with Your Guardianship Case
If you need help obtaining guardianship or conservatorship, Attorney Mark Brynteson is here to assist. With 35 years of legal experience, Attorney Brynteson helps families navigate the guardianship process and protect their loved ones.
The Law Offices of Mark D. Brynteson proudly serves Northern Illinois, including Belvidere, Rockford, DeKalb, and Sycamore. Contact us today at 708-667-6868 for a free consultation and learn how we can help you take the next step toward securing your loved one’s future.
