Parents are not the only influential people in a child’s life; grandparents can have a lasting and loving impact as well. Sadly, there are situations in which a grandparent may be denied time or visitation with their grandchild. What rights might you have while facing such a situation, and how can you exercise them? The following information explains, and it outlines how an experienced family law attorney can help.

Grandparent’s Rights Under Illinois Law

While Illinois law does recognize the importance of a child’s extended family – especially during divorce and other family law proceedings - not every grandparent has legal rights to exercise. Thankfully, there are certain extenuating circumstances that may open an opportunity to pursue legal rights to a grandchild. These situations include:

When an adult suffers from a condition that renders him or her unable to handle personal and financial matters, an Illinois court may appoint a guardian to handle these tasks. If you are the individual appointed to care for the needs of a developmentally disabled person, there are certain obligations and responsibilities you undertake as a guardian. In sum, you have two duties: You manage the ward’s personal care, and are also accountable for his or her financial affairs. Your role is an important one under the Illinois statute, so it is important to work with an experienced guardianship attorney to ensure compliance with the law.

Guardian of the Ward’s Estate

The term “estate” refers to the real and personal property that belongs to the ward. As estate guardian, you manage all aspect of the person’s assets, including real estate, bank accounts, investment accounts, interests in a business, automobiles, household items, and personal belongings. You are required to care for, manage, and invest estate property frugally and in such a way as to provide for the comfort and suitable support of the ward. Any expenses outside this legal mandate can have serious consequences. For certain expenditures, you will need a court order approving the transaction.

A legal battle stretching from Illinois to Indonesia found its way into a Cook County courtroom in March 2017, as a judge ruled against granting guardianship and custody to a baby’s grandmother. According to an ABC 7 Chicago News report, the infant’s parents are serving a prison sentence in a Bali murder case, having been convicted just before the child’s birth. The girl had been allowed to stay in jail with her mother until her second birthday, and her mother entrusted an Australian woman with her care on that date.

The basis of the judge’s ruling was that the child’s parents must give written consent before a decision on the grandmother’s guardianship petition would be proper. There are complicated issues involved in any Illinois guardianship case, as an experienced attorney can explain.

Illinois Probate Act

Whether you are caring for a minor child, a developmentally disabled adult, or another person with special needs, certain situations may require you to go through guardianship proceedings to act on that person’s behalf. Illinois law provides for different types of guardianship matters depending on your circumstances.

Guardian of the Person

When a person is appointed the guardian of the person, he or she is responsible for the ward’s support, comfort, healthcare, educational needs, and other matters relating to personal care. The intent of the personal guardian is to aid the ward with guidance on these aspects of life, while also promoting self-reliance and an appropriate level of independence. Typical duties of a personal guardian may include fixing meals, arranging for medical care, reviewing medical records, and procuring necessary services and living accommodations.

Guardians are people who are appointed by the court to manage the affairs of someone else, known as the “ward.” Guardianship is often misunderstood, though there are specific circumstances where a guardianship may be warranted and defined processes as to how a guardianship can be put into place. If you think that a loved one may benefit from a guardianship, you should speak to a skilled guardianship attorney who can help you with the process.

Circumstances Where a Guardian May be Appointed

Most adults can take care of their own affairs and therefore will not need a guardian. However, there are certain circumstances where an adult is unable to make his or her own decisions, such as when there is mental illness, mental deterioration, physical incapacity, or a developmental disability. Though just because someone may have a mental health or developmental disability does not automatically mean he or she cannot make his or her own decisions and handle his or her own affairs. It is only when an adult is so incapacitated that he or she cannot make responsible decisions that a guardianship may be appropriate.