In a perfect world, every adult would plan for the possibility that they may become incapacitated and sign proper powers of attorney. However, many people are unable to do this and need to go through the guardianship process to protect their loved ones. A skilled Chicago IL Guardianship Attorney can guide you through each step of the process, including filing paperwork with the court, meeting requirements set by the judge, and complying with all rules and procedures.
Legal guardianship gives a person, called a “ward,” full or limited authority over a disabled or elderly individual’s personal and financial affairs. The scope of these affairs can include medical and mental health, property, legal documents, debt payment negotiations, or long-term care plans. Guardians must make important decisions on a daily basis and are responsible for making sure the ward receives appropriate care, attention, and supervision.
A legal guardian can be a parent, grandparent, sibling, close friend, or any other adult over the age of 18. Guardians must visit the ward at least four times a year, provide them with food and shelter, attend to their medical needs, ensure their safety, and prudently manage their finances. The guardian is also required to file annual reports with the Court.
The process of establishing a legal guardianship begins when a petition is filed with the court by a family member, spouse, or Social Services agency. The petition must describe the alleged incapacity and specify who is seeking guardianship. A judge will review all information and interview the alleged incapacity person, or “respondent.” The Court will appoint an attorney for the Respondent, or an attorney ad litem to represent their interests.
In most cases, the Respondent will agree to a guardianship. If not, the judge will hold a hearing and determine whether the guardianship is in his or her best interest. A skilled NYC Guardianship Lawyer can help you establish a guardianship for your loved one.
A guardianship can be terminated if the Respondent proves that they no longer need the protection of the Court. It can also be terminated if the guardian cannot fulfill their responsibilities or if the Court finds that they are unable to serve in their capacity.
If you are a parent or other family member who has been granted guardianship of a minor child, the Brooklyn Guardianship Attorney at The Law Offices of Kate Curler can help you understand your rights and options. She can assist you in navigating the complex legal process, and will fight to ensure that your child’s best interests are served. She can also help you establish a guardianship for an elderly relative or a disabled individual. To learn more, schedule a consultation with our firm today. We proudly serve clients throughout New York City and surrounding areas.