Aurora, IL Child Guardianship Attorneys

Experienced Attorneys Helping Address Issues Related to Guardianship of Children in Aurora, Illinois

Planning for the future well-being of their children is one of the most important steps a parent can take. When parents pass away, become incapacitated, or are otherwise unable to care for their children, a guardian may be appointed who can provide for the child's needs. Establishing guardianship allows a trusted adult to assume legal responsibility for a child's daily care, education, medical treatment, and financial welfare.

Whether you are a parent seeking to designate a guardian in advance or a relative who needs to step in following the death or incapacity of a parent, you will need to make sure legal issues related to guardianship are handled correctly. At The Law Office of Matthew M. Williams, P.C., our family law attorneys guide families through each stage of establishing guardianship and ensuring that children will receive the protection and support they deserve. With over 20 years of family law experience in Illinois, we have helped grandparents, aunts, uncles, and other relatives secure the legal authority to care for children in times of need.

Planning Ahead: Designating a Guardian for Minor Children

Parents can take proactive steps to ensure that their children will be cared for in the event of an unexpected tragedy. By designating a guardian in a last will and testament, parents can name a trusted adult who will step in if both parents are no longer able to provide care.

Key elements of effective guardianship planning include:

• Creating a Will: The terms of a will can designate a guardian for children if parents should die before children reach adulthood, and a will can also make sure a parent's assets will be used to provide for their children's needs. If both parents pass away without a will, the court will determine who should serve as guardian, which could go against the parents' wishes.
• Discussing Preferences With Potential Guardians: It is essential to have candid conversations with the proposed guardian to make sure they are willing and able to take on the responsibility of caring for children.
• Appointing an Alternate Guardian: It is advisable to name a backup guardian in case the first choice is unable or unwilling to serve.

Establishing Guardianship Through the Courts

If a parent has not legally designated a guardian, or if circumstances arise requiring immediate intervention, a family member or another concerned adult can petition the court for guardianship of a child. For example, a parent may become seriously ill and be unable to care for their child, and another family member may step in to serve as the child's guardian until the parent has recovered. The process of establishing guardianship involves several steps:

1. Filing a Petition: The potential guardian must file a petition with the local probate or family court, providing details about the child's circumstances and the proposed guardian's qualifications.
2. Notifying Interested Parties: All interested parties, including surviving parents, relatives, and in some cases, the child, must be notified of the proceedings.
3. Court Hearing: A judge will evaluate the petition, considering the best interests of the child. The court may ask for evidence of the guardian's ability to provide care, as well as background checks or references.
4. Issuance of Guardianship Order: If approved, the court will issue an order granting the petitioner legal authority to make decisions on behalf of the child.

Guardianship may be permanent or temporary, depending on the situation. Temporary guardianship is sometimes granted in emergency cases or while long-term arrangements are being finalized.

Guardianship of the Person vs. Guardianship of the Estate

Guardianship in Illinois can be divided into two categories, and in some cases, both may be necessary:

• Guardianship of the Person: This grants the guardian legal responsibility for the child's day-to-day care, including medical decisions, schooling, and living arrangements.
• Guardianship of the Estate: This grants authority to manage the child's financial assets, such as inheritances, property, or proceeds from a legal settlement.

Often, the same adult will serve in both roles, which can simplify decision-making and ensure that the child's needs will be met. However, in cases involving significant financial assets, a separate guardian of the estate may be appointed to manage money or property on behalf of the child. At The Law Office of Matthew M. Williams, P.C., we can help determine the best approach for your family, and we can provide representation during guardianship proceedings in court.

Contact Our Aurora Guardianship Attorneys

Whether you are planning ahead for your child's future or responding to a family crisis that requires immediate action, The Law Office of Matthew M. Williams, P.C. is here to help you put the proper legal arrangements in place. We will advise you on the steps you can take to establish legal guardianship and safeguard the future of the children you will be caring for. Call 630-409-8184 or contact our Aurora, IL minor guardianship lawyers to schedule a free, confidential consultation.