Obtaining a Guardianship in the State of Illinois: Understanding a Petition’s Preliminary Process

//Obtaining a Guardianship in the State of Illinois: Understanding a Petition’s Preliminary Process

Seeking the legal guardianship of another person or of his or her estate can be a necessary tool for many parties. While advantageous, the process for petitioning for a guardianship can be difficult. Incorrectly filing for a guardianship can result in the denial of such which can be time consuming as well as financially straining.

In order to seek the guardianship of another person or of his or her estate, it is important to understand the general overview of the petition process. Further, while petitioning for a guardianship can be submitted without the assistance of an estate attorney, the support of one can nonetheless be vital to the success of a petition. The following article will provide an insight of the essential steps necessary for a petition of a guardianship.

Filing for a Guardianship Petition in the State of Illinois

In the State of Illinois, a person can seek to become the guardian of another individual (generally referred to as a ward) if the petitioner is of eighteen years or older. The petitioner should also not have a criminal record and should also be able to prove that he or she will be a suitable guardian. While not all adults will be granted a guardianship, it is ultimately up to the court to decide if a person or party has the qualifying factors to be another’s guardian.

In order to understand the necessary steps to obtain a court-ordered guardianship, these can be found under the Illinois Probate Act, Section 11a, 755 ILCS 5/1-1 et seq. It should be noted, however, that different counties could have additional rules and regulations regarding guardianships. If you have reason to believe that you need to file a petition for the guardianship of another person or of his or her estate, it can be beneficial to obtain legal representation. With the help and support of an estate attorney, you can obtain the necessary application terms from your specific county.

Understanding the Preliminary Steps of Filing for a Guardianship

Before even starting the application process for the guardianship of another, it is important that the petitioner obtain a record declaring that the person he or she seeks to become guardian of is in fact disabled. Depending on the county, this record could be submitted through a specific form. If applicable, this form could be obtained in from the applicable probate clerk. In the event that a pre-printed record is not available, it is vital to seek the legal support of a qualifying estate lawyer.

When completing a record that demonstrates a person’s incapacity to care for his or herself or his or her estate, it is important to have the record signed by a licensed doctor or medical practitioner who has familiarity with the person’s incapacities. Even when this document is obtained and signed, one or more licensed medical professionals may be requested to testify in a court hearing.

Obtain Legal Representation

Petitioning for the guardianship of another or of his or her estate can be a complex and complicated matter. Seeking the legal support of a qualifying attorney can be an essential factor necessary to obtain a successful court-ordered guardianship. A Chicago guardianship lawyer can help in this process.

By | August 14th, 2018|Guardianship|