The Law Office of Matthew M. Williams, P.C.

630-409-8184

1444 North Farnsworth Avenue, Suite 307, Aurora, IL 60505

Yorkville Office By Appointment

Initial Consultations via ZOOM Available

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Batavia guardianship attorney

It has often been said that the only two things in life that are certain are death and taxes. While this is true, there is also one other thing that is certain: everyone gets older and will eventually need assistance with daily tasks and/or making decisions. When that time comes, it is important to have the correct legal documents and orders in place, such as a guardianship or power of attorney, in order to protect yourself and maintain a good quality of life.

Powers of Attorney

A power of attorney (POA) is a legally binding document that gives a designated person (referred to as your "agent") the ability to act on your behalf if you become incapacitated. There are two types of power of attorney. Power of attorney for healthcare allows a person to make decisions about medical care or other personal needs, while power of attorney for property allows a person to make decisions about financial matters and the property or assets you own.

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North Aurora guardianship attorney

When you think of guardianships, you may think of a person who is legally appointed to care for a child when that child’s parents are unable to do so. While this definition is accurate, that is not the only form of guardianship. Some adults are also in need of guardians. In the state of Illinois, the probate court is entirely responsible for granting guardianships to adults in need. Illinois has some of the most progressive and protective laws concerning adult guardianship. Rather than deeming a disabled adult “incompetent,” as was necessary prior to 1979, the needs of adults are measured through a clinical report put together by the court, and their guardianship will be tailored to meet their needs.

Who Can Have a Guardian Appointed to Them?

Like other states, Illinois law presumes that those who are over the age of 18 are able to handle their own affairs. In some situations, however, a person may be incapable of making important decisions or taking care of themselves for various reasons. Illinois law may grant guardianships to people who are disabled because of:

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Illinois child custody attrorney, Illinois family law attorney, best interest of the child,Child custody disputes are never easy. They are often laborious and lengthy, and they may involve a number of heated disagreements and emotions.

Custody disputes may become even more complicated when they involve more than one child. Divorcing spouses with children often have a very difficult conflict ahead of them, but many wonder what happens when neither parent is capable of — or wants to — take care of the children?

Because every divorce and child custody dispute is unique, it is wise to seek help from a legal professional to review your case. Marital, divorce, and custody law is a complex field for those who are inexperienced, so it can be incredibly beneficial to consult a lawyer. This is true for both parents and potential guardians.

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child custody, divorce, parenting time, visitation, paternity, evaluator, guardian ad litemIf you are engaged in a divorce case where child custody is being determined, you may have an evaluator appointed for the case. These individuals tend to be appointed in cases where parenting time, paternity, guardianship, or child custody are the primary issues. The court will use evaluators in these scenarios to assist with a final decision.

How you communicate with the evaluator can have an impact on your case, which is why it’s important to be aware of your interaction with this individual. You can be more informed by working with your divorce attorney in advance to understand the purposes of an evaluator appointment and how these meetings typically unfold. Your personal attorney is not involved in the evaluation process, but he or she can present you with important information about preparing for your own meetings with this individual. By knowing what evaluators look for and how they arrive at decision, you will feel more confident about your interaction and be able to work towards your family goals in an effective manner. You may be asked to provide references to an evaluator, for example. Working with your attorney beforehand can help you pinpoint references that could aid in your case so that you have your ducks in a row if the evaluator asks. Being organized and prepared can go a long way towards increasing your confidence and ensuring that your interaction goes smoothly. You should always think carefully before sending emails or making phone calls to an evaluator. Speaking with your attorney about the best way to work with such a professional is a good approach. If you are entering a divorce case or discussing modified parenting time, you need an attorney who can help prepare you for working with an evaluator. Contact an Illinois family law attorney today to learn more.

LauraIf your divorce and child custody case involves the appointment of a guardian ad litem, it’s important to remember this is another adult appointed to represent the best interests of the children. In some situations, guardians ad litem are a critical component of how the judge structures a custody decision. Guardians ad litem are responsible for gathering evidence, reviewing the facts, and interacting with children and other parties to make a child custody recommendation. Interacting appropriately with the guardian ad litem may be important for the outcome of your child custody case, so always approach the situation with respect, regardless of how you feel about the other parent.

If either party requests the appointment of a guardian ad litem (GAL), judges will usually approve this request. The GAL reports to the judge what he or she believes to be in the best interests of the children, so do not take this opportunity to overwhelm the GAL with information about your case, particularly if that information involves bashing the other parent. When GALs are appointed, you will generally split the cost for their services with the other parent.

Comply with all requests for information and meetings with the GAL. Being professional and responsive can go a long way in your child custody case. Certainly, too much communication can be taken the wrong way by a GAL, and you must remember that you will pay for that person’s time to review and respond to all your information, too. Always address emails appropriately and read them out loud to ensure they sound professional.

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The Law Office of Matthew M. Williams, P.C.

630-409-8184

1444 North Farnsworth Avenue, Suite 307, Aurora, IL 60505

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