Guardianship Lawyer in Chicago

Legal Support for Families Seeking Guardianship

Helping you care for loved ones who need protection

When a loved one can no longer manage their personal or financial affairs, guardianship may be necessary to step in legally. At the Law Office of Johann Chau, we assist families throughout Chicago and the suburbs in obtaining guardianship through the Illinois courts. Whether you are caring for an elderly parent, a minor child, or an incapacitated adult, we provide guidance to make the process as smooth and compassionate as possible.

Understanding Guardianship in Illinois

What you need to know before starting the process

Guardianship is a court-approved legal arrangement that allows you to make decisions for someone who cannot manage their own affairs. In Illinois, there are different types of guardianship depending on the needs of the individual.

Key things to understand about guardianship include:

  • Types of guardianship: Guardianship of the person (making personal and medical decisions) and guardianship of the estate (handling finances and property).
  • Court involvement: Guardianship requires filing a petition in the appropriate county court, such as Cook County Probate Court for Chicago residents.
  • Evidence of incapacity: The court usually requires medical or professional documentation showing that the individual cannot manage their own affairs.
  • Ongoing duties: Guardians must file annual reports with the court and act in the best interest of the person under guardianship.
  • Alternatives to guardianship: Powers of attorney and trusts may sometimes avoid the need for guardianship if created before incapacity occurs.

Frequently Asked Questions About Guardianship

Guidance for Chicago families navigating this process

  • When is guardianship necessary in Illinois?

    Guardianship becomes necessary when a person can no longer make sound decisions about their own care, finances, or safety and no prior legal documents like powers of attorney are in place. In Chicago, this is often used for elderly parents with dementia, incapacitated adults, or minor children who need a legal caretaker.

  • How long does the guardianship process take?

    The timeline varies depending on the complexity of the case and the county court schedule. In Cook County, the process typically takes a few months from filing to final approval. Emergency guardianship may be granted more quickly when immediate decisions need to be made for the individual’s safety or well-being.

  • Do I need an attorney to file for guardianship?

    While Illinois law allows you to petition on your own, guardianship involves multiple legal steps, strict court requirements, and ongoing responsibilities. Working with a guardianship attorney in Chicago ensures all documents are filed correctly and helps you avoid delays or denials.

  • Can guardianship be temporary?

    Yes, the court can grant temporary guardianship in urgent situations where immediate decisions are needed. Temporary guardianship is often used while a full hearing is pending or when the incapacity is expected to be short-term, such as after a medical emergency.

  • What are the responsibilities of a guardian?

    A guardian must act in the best interest of the person under guardianship. For guardians of the person, this includes decisions about healthcare, living arrangements, and daily care. Guardians of the estate are responsible for managing finances, paying bills, and protecting assets. In Cook County, guardians must file annual reports to keep the court informed of the individual’s well-being and financial status.