Kane County Guardianship Attorneys

Law Firm Assisting Clients With Legal Guardianship Matters in South Elgin

Guardianship is a process where a person will be assigned responsibility for the care of another person. This may be necessary in situations wherethe parents of a minor have passed away, are no longer suitable to provide care and supervision for their children, or have been sent to prison. Guardians may also be appointed by courts to provide care for adults who are disabled or incapacitated. A guardian will act on behalf of a minor or disabled adult, who is referred to as a "ward." They must follow the court's instructions and act with the best interests of the ward in mind. Guardians may be appointed for general or limited roles of responsibility.

Enacting a guardianship can be a complicated process. The law firm of Ariano Hardy Ritt Richmond Lytle & Goettel P.C. has assisted clients throughout the Fox River Valley area with guardianship and estate planning matters for multiple decades. We can help families understand when guardianship may be necessary or when other options may be available. We can make sure the right procedures are followed in guardianship cases while helping guardians understand their responsibilities and meet their legal requirements. Call 847-695-2400 to schedule a free consultation with our compassionate lawyers and get legal help with issues related to guardianship.

Types of Guardianships in Kane County

• Guardianship of the Estate: This will give a guardian responsibility for legal and financial issues associated with the ward
• Guardianship of the Person: A guardian will be responsible for personal care, healthcare, and residential concerns of a ward.
• Plenary Guardianship: This will provide a guardian with full authority, responsibility, and duties under the law.
• Limited Guardianship: Guardianships may be put in place for specified purposes, helping a ward receive assistance but allowing them to maintain control over their life as much as possible.
• Temporary Guardianship: A guardian may be appointed in an emergency situation prior to the assignment of a guardian on a permanent basis
• Successor Guardianship: Someone may be named as a replacement guardian in the event of the original guardian's death or removal.
• Testamentary Guardianship: An existing guardian may name a replacement guardian for a ward in their will in case they die.

Removal of Guardianship

Courts are empowered to remove a guardian under some circumstances, including:

• The guardian is deemed incompetent or unstable and can no longer act in the best interests of the ward
• The guardian is convicted of a felony
• The guardian is shown to have mismanaged assets within the estate of the ward
• The guardian has failed to follow the court's requests, such as not providing an inventory of the ward's assets or a summary of the actions they have taken during the guardianship
• The guardian is unable to be located by the court

Prior to executing the removal of guardianship, a person will usually have the opportunity to provide an explanation to the court. This may help a person maintain guardianship, although the court may impose additional requirements to ensure that the guardian is meeting their responsibilities and protecting the interests of the ward.

Death of a Ward in Illinois

If a ward dies, the guardianship will terminate. The guardian is required to notify the court in a timely manner. No further financial transactions should be made involving the ward's estate after their death unless directed by the court. The court will ultimately make sure a final accounting report is prepared, and it will close the guardianship process.

Contact our South Elgin, IL Guardianship Attorneys

The attorneys at Ariano Hardy Ritt Richmond Lytle & Goettel P.C. have over three decades of experience in the many areas of law, including estate planning and guardianship. We have earned a reputation as a trusted resource to help clients establish guardianships or address concerns about the care of a minor child or disabled adult. We can also assist with special needs trusts, probate, and much more. Contact our Kane County guardianship lawyers at 847-695-2400 for a free initial consultation at our office.