Benton Guardianship Attorneys
Caring & Compassionate Franklin County Estate Planning Lawyers
Guardianships can empower individuals who need extra help managing their affairs, but they can also create opportunities for exploitation. These cases are delicate and emotional because a loved one’s life hangs in the balance.
That is why we at Levanti Law serve our community as fierce advocates and caring counselors for those in need. From establishing guardianships to litigation, our team is prepared to help. We have over 30 years of combined experience litigating guardianship matters across Southern Illinois. Choose a guardianship attorney you can trust – choose Levanti Law.
Call our Benton attorneys today at (618) 717-4409.
When Is Guardianship Needed?
Guardianship is needed when a person cannot make and communicate decisions regarding their care or finances due to age or a mental, physical, or developmental disability. However, only having a mental, physical, or developmental disability or being elderly is not enough to warrant guardianship. Only after a thorough clinical evaluation and report will the court determine the extent to which a guardianship is needed.
Types of Guardianship in Illinois
Person guardianship, or a “guardian of the person,” is appointed by the court when a disabled or elderly individual cannot make or communicate responsible decisions regarding their personal care. This guardian makes decisions regarding medical treatment, residential placement, social services, and other needs.
The court appoints an estate guardianship, or a “guardian of the estate,” when a disabled or elderly person cannot make or communicate decisions regarding matters concerning their estate or finances. This guardian makes decisions regarding the individual’s funds and safeguards the individual’s income or other assets.
That said, guardians do not have to use their ward’s finances for their own benefit. There is a duty of care to provide support and guidance for the person in their care. Exploitation of any kind is a direct violation of this responsibility.
The Illinois Probate Act gives the court the flexibility to tailor guardianship to meet the specific needs and capabilities of the disabled or elderly individual.
There are three types of these guardianships, including:
- A limited guardian can only make decisions regarding personal care and/or personal finances that the court specifies.
- A plenary guardian is someone who generally has the power to make alldecisions about personal care and/or finances for the disabled or elderly individual. After the full guardianship is established, we assist guardians in preparing and submitting annual reports reflecting the current physical and financial conditions of the disabled or elderly individual.
- The court may appoint a temporary guardian for the period between filing a petition for guardianship and the conclusion of the court hearing where the need for control is decided. Temporary guardianships last no more than 60 days and are only used to ensure that an alleged disabled or older adult receives immediate protection from harm or emergency.
In situations where a parent is unwilling or unable to care for a child, a petition may be brought to appoint a guardian over the minor’s person and estate. The guardian is authorized, under court supervision, to act in the best interests of the minor’s health, education, and welfare.
A guardian of the minor’s estate must use the income and assets of the estate for the minor’s benefit. The guardian must report to the court periodically regarding the welfare of the minor and account for the administration of the estate.
A guardianship of a disabled adult is necessary when a person cannot make and communicate decisions regarding personal care or finances due to age or a mental, physical, or developmental disability.
The guardian of a disabled adult’s person is given authority, under court supervision, to make decisions regarding the ward’s medical treatment, residential placement, social services, and other needs.
A guardian of a disabled adult’s estate is given authority to use the estate’s income and assets to support the ward. A guardian of a disabled adult’s estate may sell real estate or liquidate investments to pay for the ward’s care. The guardian must report to the court periodically regarding the welfare of the ward and account for the administration of the estate.
Serving Our Community for Over 30 Years
At Levanti Law, we understand how delicate guardianship matters can be, which is why we provide compassionate guidance backed by extensive experience. We are a team of fierce advocates who are passionate about helping clients protect their loved ones.
If you are in need of legal assistance with a guardianship matter in Benton, contact Levanti Law today.