Guardianships and conservatorships are both legal protections for persons who are no longer able to take care of their own personal and/or estate affairs. Personal affairs may include taking care of your own hygiene and other personal decisions. Estate affairs include financial-type decisions that one needs to make.
Caring For Loved Ones Under The Law
A guardianship or conservatorship can be requested on behalf of a person who is allegedly incompetent, addicted or disabled, or for minors in certain situations. Even if a divorce or paternity action is pending, for example, the order for a guardianship or a conservatorship is obtained from the probate court. In most counties in Illinois, the probate and divorce judges are in separate courtrooms and divisions of the court.
There are a number of circumstances where a guardianship or conservatorship is appropriate or necessary:
- If an elderly person has reached that time when he or she is unable to care for himself or herself, a guardianship may be appropriate. If the person has already created a durable power of attorney, e.g., a guardianship may not be necessary. The person may have also made other arrangements as part of an estate plan.
- If a child has received an inheritance, compensation for an accident, or other asset, a conservatorship may be necessary if the child’s parents are not able to properly manage the child’s money.
- If a child has special needs after the child turns 18 years old, a guardianship and conservatorship may be necessary to help that child with regard to essential decisions about the child’s medical care and finances.
A case included in the Grounds section of this website that deals with Guardianship and Divorce is that of In Re Marriage of Karbin, 2012 IL 112815 (October 4, 2012). In this case, the Illinois Supreme Court held that a guardian has the authority to seek permission from the court to file a dissolution petition on behalf of the ward if such petition is found to be in the ward’s best interest. This overrules a long-standing case that held that a plenary guardian lacked standing to institute a divorce proceeding on behalf of the ward.
Buffalo Grove Law Offices Can Help
Let Buffalo Grove Law Offices in Arlington Heights help you with your Illinois family law issues as they relate to caring for loved one. We understand the complexity of the law and the sensitivity of the personal issues that arise when arranging for guardianships and conservatorships. We will work with you personally to make sure all of your needs are met and your loved ones are protected.
An attorney was appointed as guardian ad litem (GAL) for a minor plaintiff. There was a settlement for injuries she suffered in a motor vehicle accident. The mother had been appointed by the court as the guardian of the minor’s estate. Eight years went by after the settlement. The plaintiff minor sued her mother. The…Read More
DON’T THINK YOU ARE FOOLING ANYONE BY BEING UNDERHANDED IN COURTThis is a guardianship case. The trial court appointed a guardian ad litem to do an investigation. A woman claimed to have powers of attorney (POA) over an 86-year old woman’s estate and healthcare. Had the POA financially exploited the elderly woman?The setting is just…Read More
Son was not a child from this marriage. Son was the Guardian of the Person and the Estate of his father. Son filed a petition for dissolution of marriage for his father. The Court granted the divorce. The Court also saved all property issues to be determined. This is called a bifurcated divorce. The Wife’s…Read More
Mother filed a motion in probate court. The parties were already divorced. The probate court had named Mother as the Guardian of the daughter, Denise. Mother wanted Father to help pay for their soon-to be-adult disabled daughter. Regular child support from Father would be over soon. Father earned about $170,000 annually. Mother earned about $40,000…Read More
This case considered whether the court should overrule the long-standing case of In re Marriage of Drews, 115 Ill.2d 201 (1986). The Drews’ case held that a plenary guardian was not able to initiate dissolution of marriage proceedings on behalf of the ward. The answer is ‘yes. This court believed that a guardian does have…Read More