ESTATES AND TRUSTS: Guardianship Administration

Legal wisdom and thoughtful sensitivity guide the counsel our attorneys provide to Guardians of minor children and persons with developmental disability or cognitive impairment in long- and short-term fiduciary guardianships. Parents and other loving caretakers are assisted at all stages of managing and administrating a ward's financial and healthcare matters. We provide informed and reliable legal counsel—and a welcome source of relief, support and understanding for families and loved ones.

Creation of the Guardianship Estate
Establishing and administering a guardianship requires many steps, and should be undertaken with the guidance and assistance of experienced legal counsel. Our lawyers have many years of experience in assisting families and individuals through this process. Generally, the process entails:

• Petitioning the Court for a finding that the ward is a "disabled person" under the Illinois Probate laws, with notice to the ward;
• Producing a physician's report stating that a recent examination confirms that the ward is a disabled person and needs a guardian;
• Providing legal notice to all other close family members;
• A meeting between a court-appointed representative (the "guardian ad litem") and the ward to explain the proceedings;
• A Court hearing to adjudicate that the ward is a disabled person and appoint a guardian;
• Annual reporting and accounting to the court thereafter;
• Seeking court authorization for extraordinary actions taken on behalf of the ward;
• Maintaining compliance with the specific requirements of the Probate Act; and
• Generally ensuring that the ward's needs are being met.

Dispute Resolution
Guardianship litigation arises out of controversies regarding the execution of obligations and fiduciary duties determined by the Court in appointing the guardianship. Issues usually addressed in guardianship litigation include:

• Guardian Selection or Removal
• Disability
• Accounting Actions and Objections to Accountings
• Action for Damages, Citations or Claims regarding money or property
• Instructions
• Challenges to Fees