location28 N. 1st St., Suite 101, Geneva, IL 60134


Geneva Guardianship Attorney

Illinois Guardianship Attorney

Kane County Lawyer for Guardianship Help or Avoiding Guardianship Through Advance Planning

Making the decision to seek a guardianship for a family member can be a difficult and emotional decision for some. Others may simply need guardianship to continue managing the care of their disabled child when he or she reaches adulthood. In some cases, you may wish to avoid the need for guardianship proceedings in the future. This can be accomplished for most through a part of estate planning called "incapacity planning" with the help of a knowledgeable attorney.

DLAW, PC is experienced at guiding people through these sensitive processes with compassion. Whether you are ready to seek guardianship for a loved one or are hoping to prevent the need for future guardianship for yourself, our lawyers are here to help.

Guardianship of Disabled Adults

There are two main types of guardianship in Illinois: guardianship of the person and guardianship of the estate. A guardian of the person is responsible for the day-to-day care of the disabled adult (the "ward"). This generally includes managing residential placement for the ward as well as making health care decisions and overseeing medical treatment. There are, however, limitations to these powers.

A guardian of the estate is typically responsible for managing the ward's finances and property. Estate guardians may take control of the ward's bank account and other finances in order to pay their expenses, as well as manage benefits applications and other financial matters.

Guardianship is typically granted in Illinois when an adult's disabilities prevent them from being able to responsibly manage their own money or personal care. For many, it is the best way to protect a loved one who has disabilities or is incapacitated.

A guardian is a fiduciary, meaning they have a duty to act strictly in the ward's best interest. This can be a great deal to take on by yourself, especially if you are new to the role. Our team can offer you assistance and guidance in fulfilling your guardianship role.

DLAW, PC understands the difficulty, both legal and emotional, sometimes associated with guardianship proceedings. We will guide you through the process as simply as possible and strive to minimize your family's stress during this time.

Planning to Avoid Guardianships

Many Illinois residents understandably wish to avoid the risk of being placed under guardianship later in life. There are tools an estate planning attorney can use to do this. Powers of attorney for health care and property allow you to appoint people you trust to manage your financial affairs or medical decision-making in the event that you become incapacitated.

You can also use a revocable living trust to set certain terms for how your property will be managed when you are no longer able to make your own decisions. A trust allows trusted individuals you have chosen to take over managing your affairs without having to go to court. Estate planning involves much more than just making wills and trusts to protect your loved ones in the future - you can also plan to protect yourself.

We want to help you feel secure knowing that there is a plan should you become disabled at some point in your life. We are skilled at creating custom incapacity plans so there will be a smooth transition when it is time for someone else to step in and help you.

Call an Illinois Guardianship Attorney

Whether you are seeking a guardianship to protect a loved one or seeking to avoid guardianship later in life, DLAW, PC can help. Our compassionate and experienced lawyers will address the legal side of these concerns so you can focus on your family's needs. Contact us online or call 331-222-7978 to arrange a free consultation. We serve clients throughout DuPage and Kane County in Geneva, Batavia, Elgin, Sugar Grove, Aurora, and St. Charles.

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