DuPage County Guardianships Attorneys
Skilled Guardianship Lawyers Serving Lisle, Naperville, Downers Grove and Surrounding Areas
Guardianships are an essential part of an estate plan. When you have dependents such as minor children or disabled adults, you need to decide who will look after them in the event of a worst-case scenario. A guardianship may also be needed for an elderly person who is no longer able to manage their affairs or in cases when the biological parents are unable to parent their children.
At Momkus McCluskey LLC, our estate planning and family law attorneys have in-depth experience with all types of guardianships. Our lawyers are responsive, compassionate and focused on creating a comprehensive and practical solution for each client we serve. We take the time to listen and thoroughly understand your needs so we can create a customized plan that addresses those needs and protects your interests.
Guardianship for Minors
When you set up your estate plan, it is important to put some time and thought into the person(s) that will be in charge of your minor children should you pass away before they turn 18. Guardians must be at least 18 years old, residents of the United States and of sound mind. You should also choose someone that will raise your children with values similar to your own and can be trusted to properly manage any inheritance or other financial settlement they may receive.
Guardianships can also be sought for minors when the parents are (for whatever reason) not able to raise their children. For example, if a parent is imprisoned for a certain length of time, another family member may seek guardianship while the time is being served. However, to be granted guardianship in such instances, you must obtain approval from the court. Our attorneys can skillfully assist you in petitioning the court and convincing them that it is in the best interests of the child.
Guardianship for Disabled Adults
Children with special needs or otherwise disabled children are often unable to manage their affairs when they become adults. In such cases, the parents or another family member may file a petition for guardianship before the court. During the estate planning process, parents who are already guardians of adult children should appoint someone to replace them should they pass away. This person may be responsible for meeting the physical needs of the disabled adult, managing their financial and legal affairs, or both. We help our clients with all types of guardianship issues for disabled adults; whether that means petitioning the court when the child turns 18 or designating a guardian during the process of setting up a will or trust.
Guardianship for the Elderly
When an aging loved one develops Alzheimer’s Disease or another debilitating health condition, it may become necessary to appoint a guardian to manage their affairs. Guardians for the elderly typically look after their financial and legal matters as well as arranging for appropriate senior care to effectively treat their condition. However, guardianship is not always the right option for looking after the affairs of a disabled adult or elderly person. There are some instances when a power of attorney would make more sense. Our lawyers have in-depth knowledge of all the legal ramifications around guardianships and powers of attorney. We can help you decide which one is best for your particular circumstance.
Removal of an Unfit Guardian
Even when an estate is planned diligently, there are still cases when the guardian selected turns out to be a poor choice. For example, some guardians neglect and/or abuse their dependents or even exploit them for financial gain. When this occurs, our skilled litigators are ready to aggressively advocate for the best interests of your loved one and ensure that he/she is protected from an unfit guardian.
For experienced guidance and representation on all aspects of guardianships and other estate planning issues in Illinois, contact Momkus McCluskey LLC today at 630-434-0400 for your consultation. We provide advice and counsel from our team of dedicated and compassionate guardianship lawyers in DuPage County. We serve clients in Lisle, Naperville, Oak Brook, Wheaton, Downers Grove and surrounding suburbs.