The Importance of Guardianship Attorneys in Estate Planning

Whether you are the parent of a disabled child or the relative of an adult who can no longer take care of themselves, you may find yourself in a situation where you need to get involved and provide legal oversight to protect your loved one. Depending on the circumstances, it may be necessary to obtain a guardianship or power of attorney to ensure that your loved one has someone to make decisions for them and manage their financial affairs if they are ever unable to do so. It is a complicated legal process and it is best to have a Guardianship Attorney on your side who can help guide you through the steps and procedures that need to be followed.

When choosing an attorney, you will want to make sure that they have extensive experience in this area of the law and a track record of successful guardianship cases. You will also want to consider their communication style, availability, and fees. You will be working closely with this person on matters that are very important to you, so it is best to choose an attorney that you can connect with on a personal level and who will give your case undivided attention.

The goal of a guardianship is to give an individual legal authority to make decisions for another person who cannot do so on their own, called a “ward.” There are many reasons why a judge might decide that a ward is incapable of making their own personal and financial decisions. Some of these reasons include age, illness, mental retardation, developmental disabilities, substance abuse, or criminal activity. In most cases, a court will order a professional evaluator to interview the ward and others involved in the case. This person will then submit a report with recommendations to the judge.

Once the judge has made a decision about the ward’s needs, a court appointed attorney will be assigned to represent them. This attorney will work with the ward and others to ensure that the ward’s rights are protected. The guardian has a fiduciary duty to act in the ward’s best interests and must keep the court informed about all activities.

If you need a Guardianship Attorney in Chicago, IL or a surrounding city, call the offices of Stephen Bilkis & Associates. With locations from Manhattan to Queens, Westchester County, and Long Island, we can help you through this complex legal matter. We offer a free initial consultation and can help you understand your options.

Guardianships should be considered as part of transition planning, which should begin at a child’s IEP meeting when they turn 15. Contact us today to schedule your appointment with an experienced Guardianship Lawyer in Chicago, IL.

The attorney will discuss the current status of the ward and the reason you are seeking guardianship, review all documentation, and answer any questions you might have. The attorney will then explain the process of filing a petition with the court, attending hearings, and filling out all required paperwork.

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