Guardianship Attorneys in Benton, IL
Caring & Compassionate Franklin County Estate Planning Lawyers
At Levanti Law, we have years of experience litigating guardianship matters across Southern Illinois.
We are proficient at guardianship practice, including the need to consult with treating physicians, obtaining the required medical documentation, and procuring emergency adult guardianships—sometimes in a matter of hours.
Our firm has handled numerous guardianship matters through trial, conferring with the court-appointed guardian ad litem regarding the best interests of the disabled or elderly person and conducting documentary discovery and oral pre-trial dispositions to procure the necessary evidence to be successful at trial.
Call (618) 717-4409 or contact us via our secure online form to arrange a consultation regarding your guardianship matter.
When Is Guardianship Needed?
Guardianship is needed when a person is unable to make and communicate decisions regarding his or her personal care or finances due to age or a mental, physical, or developmental disability. Only having a mental, physical, or developmental disability or only being elderly is not enough to warrant guardianship. After a thorough clinical evaluation and report, the court will determine the extent to which a guardianship is needed.
What Are the Two Basic Types of Guardianship?
“Person guardianship,” or a “guardian of the person,” is appointed by the court when a disabled or elderly individual cannot make or communicate responsible decisions regarding his or her personal care. This guardian makes decisions regarding medical treatment, residential placement, social services, and other needs.
The court appoints an “estate guardianship,” or a “guardian of the estate,” when a disabled or elderly person is unable to make or communicate decisions regarding matters concerning his or her estate or finances. This guardian makes decisions regarding the individual’s funds and safeguards the individual’s income or other assets.
The Illinois Probate Act gives the court the flexibility to tailor guardianship to meet the specific needs and capabilities of the disabled or elderly individual.
There are three types of these guardianships, including:
- A limited guardian who can only make decisions regarding personal care and/or personal finances that the court specifies.
- A plenary guardian who generally has the power to make all decisions about personal care and/or finances for the disabled or elderly individual. After the plenary guardianship is established, we assist guardians to prepare and submit annual reports reflecting the current physical and financial conditions of the disabled or elderly individual.
- A temporary guardian who is appointed by the court for the period between the filing of a petition for guardianship and the conclusion of the court hearing where the need for guardianship is decided. Temporary guardianships last no more than 60 days and are only used to ensure that an alleged disabled or elderly person receives immediate protection from harm or emergency.