Guardianship
Helping Clients Reclaim Their LivesGuardianship Lawyer in Huntley
Clear Guidance When Someone You Love Needs Help
Realizing that a child, parent, or other loved one can no longer safely manage personal or financial decisions is unsettling. You may be helping every day, but also wondering if you need formal legal authority to protect them. If you are facing that question in Huntley, a guardianship attorney in Huntley can provide focused guidance.
At Brody Brandner, Ltd., we work with Northern Illinois families who are trying to do what is best for a vulnerable child or adult. Since 1998, our firm has concentrated on matters involving family and finances, including guardianship, divorce, and bankruptcy. Our attorneys bring both legal training and prior experience as certified accountants to every case.
Call (815) 374-7783 to schedule your free consultation with our Huntley guardianship attorneys.
Why Families Work With Our Firm
Guardianship matters often sit at the intersection of emotional questions and financial responsibility. You may be worried about medical decisions, daily care, and living arrangements, and at the same time, you might need to manage bank accounts, public benefits, or property. Our firm is built to handle both sides of that picture.
Our attorneys previously worked as certified accountants, and that background gives us a practical understanding of financial issues that arise in guardianship of the estate. We can walk you through how guardianship may affect bank accounts, retirement funds, government benefits, and debts. We also help clients think ahead about budgets, record keeping, and the court accountings that Illinois judges frequently require.
Since 1998, we have represented Northern Illinois families in matters that focus on their homes, children, and financial stability. That long history means we are familiar with procedures and expectations when guardianship petitions are filed for residents of Huntley and nearby communities. We stay current through continuing legal education and advanced research tools, and we apply that knowledge to the specific facts of your case rather than using a one size fits all approach.
Understanding Guardianship In Illinois
In Illinois, guardianship is a court process that appoints someone to make decisions for a person who is legally unable to make some or all decisions on their own. The person who needs help is called the ward, and the guardian is the person the court authorizes to act.
Guardianships often arise in two main situations. One is when a minor in the Huntley area does not have a parent who can manage their care or property, for example, after a death or if a child receives an inheritance or settlement. The other is when an adult has a disability, dementia, or another condition that limits the ability to make safe choices about health care, living arrangements, or finances.
Illinois law recognizes different types of guardianship, depending on what decisions must be made and how much help is needed. The court looks at capacity, safety, and the least restrictive option that will protect the person involved.
The main types of Illinois guardianship include:
- Guardian of the person, who makes decisions about health care, living arrangements, education, and daily needs.
- Guardian of the estate, who manages money, property, bills, and financial reporting to the court.
- Guardian for a minor, appointed when a child’s parents are unable or unavailable to provide care or manage assets.
- Guardian for an adult with disabilities, appointed when a court finds that an adult cannot fully manage personal or financial affairs.
- Limited or plenary guardianship, depending on whether the ward can safely make some decisions or needs broader help.
Illinois Guardianship Process Step By Step
Once you decide to explore guardianship, the legal process can feel intimidating. Knowing what to expect in the courts that serve Huntley helps reduce some of that stress. Guardianship cases for residents of Huntley generally proceed in the probate division of the circuit court that serves their county of residence in Northern Illinois.
Most cases start when someone files a petition asking the court to appoint a guardian. The petitioner is often a family member or close friend. The petition explains why guardianship is needed, what type is requested, and provides basic information about the proposed ward. In adult cases, the court usually requires a medical report or other documentation about the person’s condition and ability to make decisions.
Relatives who are legally entitled to notice are sent information about the case, and a hearing is scheduled. At the first hearing, the judge typically reviews the petition, supporting documents, and any objections. The court may ask questions about the person’s daily functioning, safety, and finances. In some matters, the court appoints another professional to investigate and report back to the court.
Helpful steps you can start taking now include:
- Writing down specific examples of safety, health, or financial problems that concern you.
- Gathering medical records, evaluations, or letters from providers about the person’s condition if you can access them.
- Collecting basic financial information, such as account statements, benefit letters, and a list of regular bills, when guardianship of the estate may be needed.
- Identifying close relatives who may need to receive notice and thinking through any likely disagreements.
- Scheduling a free consultation with our firm to discuss the facts, potential options, and a plan for moving forward.
Your Duties As A Guardian
Becoming a guardian is a serious commitment. It creates ongoing responsibilities to the person you are helping and to the court that appoints you. Many clients in Huntley want to know what daily life will look like if they are named guardian and how much record keeping will be involved.
A guardian of the person focuses primarily on the ward’s care and well being. That can include decisions about doctors, treatments, therapies, schooling for minors, and where the person lives. Guardians are typically expected to stay in regular contact with the ward, monitor needs, and respond when circumstances change. Courts often require periodic reports that describe how the ward is doing.
A guardian of the estate has a different set of obligations. This guardian manages bank accounts, investments, personal property, and income, and often must prepare regular accountings for the court. Those accountings usually list money coming in, expenses paid, and remaining balances. Inaccurate records can raise concerns about whether funds are being used properly or could put benefits at risk.
Our attorneys’ previous work as certified accountants gives us a practical perspective on these financial duties. We discuss how to separate accounts, track expenses, and keep records in a way that makes reporting easier. We also talk through how certain decisions may affect taxes or public benefits, and why documentation matters when the court reviews your work as guardian of the estate..
Frequently Asked Questions
How do I know if guardianship is necessary?
Guardianship may be appropriate when a child or adult cannot safely manage personal or financial decisions and lesser options are not enough. In a consultation, we look at specific concerns, existing documents, and Illinois standards, then discuss whether guardianship or another approach fits your situation.
How long does a guardianship case usually take here?
Timeframes depend on the court’s schedule, the type of guardianship, and whether anyone objects. Some uncontested cases in Northern Illinois move relatively quickly, while contested matters can take longer. During our first meeting, we talk about factors that might affect timing in your particular case.
What if my family disagrees about who should be guardian?
Disagreements are common when relatives care deeply about the same person. We talk through your family’s concerns and the court’s priorities, then work to choose a strategy that fits, whether that involves negotiation or firmer advocacy. Our balanced approach focuses on your goals for both safety and relationships.
Talk With Our Huntley Guardianship Lawyers
If you are worried about a loved one’s safety or finances and think guardianship might be necessary, you do not have to sort it out alone. Meeting with our team gives you a chance to explain what is happening and receive practical guidance that reflects Illinois law and local court practices in Northern Illinois.
At Brody Brandner, Ltd., we draw on more than two decades of work with families and finances, along with our attorneys’ accounting backgrounds, to help clients understand their options for guardianship. We take time to answer questions, outline possible paths, and discuss what each might mean for your family. Your first consultation is free, and there is no obligation to move forward.
Call (815) 374-7783 to schedule your free consultation with our Huntley guardianship lawyers.
Why Work With Us?
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“No matter how big or small, Mr. Brody has always given his full attention to the matters, always concentrating on my child's best interests in mind, above all.”
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