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DuPage County family law attorneys, Illinois guardianship casesA 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


Does My Disabled Family Member Need A Guardian?If you have a disabled family member or other loved one, you may wonder whether he or she needs a guardian. Illinois law provides a way for the court to appoint guardians for some disabled people. Ultimately, it is important to understand who may be eligible for guardianship and what guardians do.

Is My Disabled Family Member Eligible for a Guardian?

Not every disabled person needs or can get a guardian. Guardians are appointed when a person with a disability is unable to make or communicate responsible decisions regarding their estate or personal needs. Many disabled people are very capable of making their own sound decisions, and therefore are not eligible for a guardian. However, individual mental deterioration, physical incapacity, mental illness, and developmental disabilities can make someone unable to make decisions themselves. This also sometimes happens during the aging process. Ultimately it is up to the judge whether an individual needs the protection of a guardian.


Posted on in Guardianship

DuPage County family law attorneys, Illinois guardianship typesThe need for a guardian typically arises when the parents of a child have died or are no longer able to provide proper care. Guardianship appointments for minors are handled by the state probate court, and the rules regarding guardianship are defined within the Illinois Probate Act. The law provides for different types of guardianship appointments, each with its own set of guidelines, restrictions and terms.

Types of Guardianship 

Found in Illinois law under 755 ILCS 5/11, the Probate Act recognizes that there are situations where another person besides a parent should be appointed to make decisions that are in the best interest of a child. The Probate Act of Illinois separates guardianship appointments into three different types: permanent guardians, standby guardians, and short-term guardians. Each type of guardian is appointed in their own way, with their own set of responsibilities, and all are appointed for different reasons.


guardianship, limited guardianship, plenary guardianship, disabled teen, disabled adult, testamentary guardianshipRaising a disabled child, particularly one who has psychological or intellectual disabilities can be a difficult and trying experience. As your child approaches his/her 18th birthday, there are a number of things to consider. In most states, the responsibilities of a young adult are assigned when a youth turns 18. Assuming guardianship of your child may be the best option to help you protect your child as they enter adulthood.

Under Illinois state law, there are two types of guardianship that you may consider. The first of these is limited guardianship. This type of guardianship is used when the disabled person can make some, but not all, decisions pertaining to themselves and their finances or estate. When assuming limited guardianship, the powers granted to you must be specifically listed within the court order. This type of guardianship can grant you limited guardianship of the person, finances/estate, or both. The second type of guardianship is plenary guardianship. This type of guardianship is more restrictive than the first, and is used when the “individual’s mental, physical, and adaptive limitations” make it necessary for the guardian to make all important decisions regarding personal care and finances. There is one other option that you need to consider: testamentary guardianship. This is used by parents of a disabled child to designate a guardian upon the death of both parents in your will. While the final guardian will still need to be appointed and approved by the court, this ensures that the courts will take your wishes for guardianship into account before making their decision. It is important to remember that should your proposed guardian be found inappropriate, the court will still have the power to appoint someone else. Knowing which type of guardianship to consider and what steps are necessary to assume guardianship can be difficult. Having a qualified family law attorney can help make the process smoother for your family. Contact the experienced family law attorneys at Davi Law Group, LLC today for a consultation on your case.

Posted on in Guardianship

guardianship, lawyer, attorney, disabled adult, guardianship law in Illinois, Whether the concern is focused on a minor child, an elderly deteriorating relative, or an individual who is disabled, the law of guardianship may be relevant to the situation and can operate to step in and address some concerns while making a difficult situation more manageable. Many may be unaware that such a legal proceeding exists, and those who are aware may still have many questions about the process. Below, you can find some common and general questions about guardianship and some helpful answers to the same.

When is guardianship needed?

Guardianship is necessary when a person is not able to make or communicate responsible decisions about their personal care or finances. This inability is often attributed to a mental, physical, or developmental disability. The fact that a person may be elderly, mentally ill, or disabled does not necessarily mean they need a guardian. It must be shown that the person is also unable to make proper decisions for themselves. The extent of a guardian’s authority regarding making decisions for an incapacitated person is determined by the court after a thorough evaluation and report.


Posted on in Child Custody

safe and happyThe Department of Children and Family Services (DCFS) of Illinois is primarily responsible for all adoptions that occur in the state. If you or someone you know is considering adoption, the most important first step is to seek the counsel of a qualified family law attorney. Not only will a lawyer be able to guide you through some of the more complicated processes, he will be able to help enroll you in some of the services DCFS offers. According to their website, the DCFS is “committed to ensuring a smooth transition as you grow your family through adoption or guardianship, and DCFS offers a range of supports to families depending on your needs.” This kind of assistance includes (but is not limited to):

  • monthly subsidies to assist with the child’s basic needs
  • reimbursement for costs associated with the process, such as court costs and attorney fees
  • support groups and counseling services
  • assistance with healthcare needs, such as enrollment in Medicaid

In the past ten years, according to DCFS, more than 17,000 children were adopted or accepted into the home of a non-parental guardian in Illinois. There are three different options when considering taking in a child who isn’t naturally yours—adoption, foster care, and guardianship. Most kids that are taken into foster care are relocated “because their home life is unsafe,” according to DCFS. “Foster care is designed to be temporary, and DCFS strives to reunite children with their birth families through a variety of supportive programs.” Adoption means that you become the child’s legal parent. It’s a permanent situation. Guardianship is as well but, according to DCFS, “it differs from adoptions because the birth parents’ rights do not have to be terminated in order to appoint a guardian.” This situation lasts until the child is 18. Again, the most important step in adoption is to seek the assistance of a legal professional. Contact a dedicated Illinois family law attorney today.

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