Obtaining Guardianship for an Adult or a Minor


GuardianshipA court-appointed guardian is someone who has been granted authority by a court to care for and take responsibility for making decisions for another person.  A guardianship may be granted if a court finds that the person is legally incapacitated or in some way unable to provide for his or her necessities in life.  There are different circumstances for appointing a guardianship, based on whether the person is an adult or a minor.

Guardianship for Adults

Many older adults have long periods toward the end of their life when they’re not able to make decisions for themselves.  This could be because of a physical incapacity, mental deterioration, mental illness, or a developmental disability.  Guardianship may be appointed in order to help make decisions regarding his or her care or to assist in managing his or her financial affairs.  It is not always easy for a judge to determine if a person is capable of making their own decisions, or to decide who the best choice is to be the guardian.  An experienced attorney, like those at Churchill, Quinn, Richtman & Hamilton, Ltd will help guide you through the process and will keep you informed of all the necessary legal steps that must be taken to ensure a successful outcome.

Guardianship for Minors

The care of a minor is typically the responsibility of the parents.  However, if the parents pass away, or are unable or unwilling to care for a child due to factors such as drug use, mental illness or poverty, a guardian may be appointed by a court in order to ensure proper care for the child.  When guardianship is obtained, legal custody is transferred and the guardian becomes responsible for making personal decisions for the minor, obtaining necessary medical and dental care and enrolling them in school.  If both parents do not voluntarily agree to the guardianship, the legal process becomes much more difficult.

The process of obtaining guardianship can be lengthy and quite complex, involving the completion of many legal forms as well as appearances at court hearings.  For all of this, you will need the help of an attorney with guardianship experience.  The attorneys at Churchill, Quinn, Richtman & Hamilton, Ltd are extremely knowledgeable in guardianship matters for both adults and minors, and our extensive experience and background extends to every facet of the process.  Contact us at 847-223-1500 for more information or to schedule an appointment.

Referenced articles here and here