Wheaton Guardianship Lawyers
Guardianship of Children and Disabled Adults in DuPage County
In many cases, for different reasons, parents may not be able to care for their own child. This can be due to parents’ youth, financial instability, mental health issues, or drug and alcohol abuse. In these situations, a friend or family member is often the one that takes responsibility for raising the child, with the parents randomly coming in and out of the child’s life. This can be frustrating for the friend or family member who has emotionally invested themselves in the child. This is particularly true where the parents abruptly decide to take the child back and then later return the child to the friend or family member when whatever issue the parents have resurface. The friend or family member may feel that they have no legal rights to take any action against the parents to maintain a stable environment for and protect the child. However, if the friend or family member applies for guardianship, they can win custody over the child and prevent future disruption in the child’s life.
Guardianships are also appropriate when an adult has become disabled and not able to physically care for themselves, manage their own financial affairs, or both. In these situations, a son or daughter, brother or sister, or even a friend can apply to become guardian of the disabled adult. Guardianships provide the legal authority to manage the disabled adult’s medical, financial, and legal affairs.
Guardianships can be complicated, especially if they are contested, as they often are. In guardianships of a minor child, parents often feel as though they are losing control of their family, and they may wish to challenge the guardianship. In adult guardianships, adult children or siblings of the disabled adult, or even the disabled adult themselves, may disagree as to whom would be best suited to provide the appropriate care and make the best decisions regarding the disabled adult’s medical needs and financial obligations. To ensure that you know your rights and that those rights are protected, it is imperative to work with a skilled family law attorney.
At Mirabella, Kincaid, Frederick & Mirabella, LLC, attorney and partner Henry D. Kass has extensive knowledge of and experience in handling guardianship matters. He is also a seasoned Guardian ad Litem for minor children in divorce, parentage, and adoption cases and for disabled adults in guardianship cases.
Guardianship of Minor Children
The law presumes that the parents of a child are capable of caring for the child’s needs. For someone other than the parent to have the legal ability to pursue a guardianship in court, it must be shown that the parents are unwilling and unable to care for the child, that they have voluntarily relinquished physical custody of the child, have provided written consent to the guardianship, or failed to object to the guardianship after being given proper notice. Once one of these factors has been met, for someone other than the parent to be awarded guardianship, it must then be shown that the guardianship is in the best interest of the child.
Guardianship of Disabled Adults
If an adult becomes disabled to the point that they are no longer able to manage their own affairs, the appointment of a guardian is most likely necessary. For a guardianship to be considered, however, a petition must first be filed with the court. The petition must include basic information about the disabled adult along with a description of their physical and mental capacity from a qualified medical professional. If an individual is appointed guardian, they are placed in charge of the disabled adult’s personal affairs, financial affairs, or both.
Speak with a Seasoned Wheaton Guardianship Attorney
Guardianship is a complex process that should not be taken lightly. Attorney Henry D. Kass of Mirabella, Kincaid, Frederick & Mirabella, LLC knows the intricacies of guardianship cases, including the circumstances in which pursuing guardianship may be appropriate. Henry works closely with his clients to thoroughly assess their situation and determine the best legal path toward securing a favorable result. For a free personalized consultation with Henry, please contact our office today at 630-665-7300.
From our law office in Wheaton, IL, the family law and civil litigation attorneys of Mirabella, Kincaid, Frederick & Mirabella, LLC represent businesses and individuals throughout the western suburbs of Chicago, including DuPage County, Kane County, and Kendall County.